1842 - Michie to Indianna, et al - Hanover Co, VA

1842 - Michie to Indianna, et al - Hanover Co, VA

09/27/1842

3

Ended, Chancery File no 12
Copy of the will of William Watson Michie
Aware of the casualties of human life, and the uncertainty of its duration, I William Watson Michie make and indict with my own hand this, my last will and testament.
I give and bequeath to my daughter Cornelia Michie during her life all my estate, real and personal, except the part herein after otherwise provided, subject however to the following limitations. I wisht he revenue and profits appropriated to her support and education, or so much thereof as shall be sufficient for a liberal support and as good on extensive an education as the estate can afford, and if there be any surplus, I wish it invested in bank stock, government or real security as the situation of the times may suggest, to my Executors.
I will direct that my negroes, Dick and Robin, the last now in Louisa County inherited from my grandfather Michie’s estate should be sold by my Executor and also a tract of land containing two hundred and thirty two acres and a half adjoining the plantation of Joseph Collingfield and others and lying in the junction of the roads leading from Richmond to Hanover Courthouse, the one by the crook and the other by the Mechanicsville Turnpike and
Wm Watson Michie
Likewise two small contiguous parcels lying on Totopotomy Creek purchased of Frederick Bauve adjoining the land of Albert Bauve, Wilson B. Clark, and others containing together thirty two and a half acres, the above named land and negroes or any part of them to be sold by my Executors as soon after my death as they shall deem advisable- my tract of land called the Glebe I wish leased out and also my land in Louisa County lying in the Green Spring neighborhood for such term as my Executors that deem best with proper restrictions and obligations towards improvement. The tract whereon I reside I wish cultivated by a few hands and an overseer under the direction of the Executor and the women and children kept together thereon except such of the women without incumbrance as can be hired out to a manifest and much greater advantage. The rest of the negroes above sufficient to cultivate the plantation to advantage I wish hired out by my Executor in Hanover, Henrico or the City of Richmond and restricted not to work on river plantations, canals or railroads. The renting or leasing and hiring out to continue until my daughter attain the age of twenty one or married at that
William Watson Michie
time, should it ever come, which ever takes place first it shall be discretionary with her to occupy which tract of land soever she pleases and to employ at home such servants as she may choose, and enjoy the rents and profits of the rest which I wish continual hired out and rented as before, the money to be paid into her own hands, and employed and use by her alone, whether court or single – at her death I give and bequeath the said property to her children equally to be divided amongst them if any there be children or other descendants I mean the grandchildren taking the share of their deceased parents if there be none I will and desire that all the negroes be free and forever liberated from bondage or hired out or bound to trades as may be suitable in the discretion of my Executors until a fund may be accumulated sufficient to carry them to some more hospitable [illegible] time where they may enjoy the common rights of citizenship and that the land may be sold and the proceeds invested in bank stock or government stock as my executors deem best and the interest or dividends or other profits applied first to the support of my servants Indianna, America and Lydia and their children which they now have or may have at the time of my death.
Secondly, any surplus
William Watson Michie
to be applied to the education of such children or themselves if they desire it at the [?North?] wherever my Executors think best, and thirdly, and left beyond and the charges for the executional duties to be laid out in the same stock for an accumulating fund. I will and desire them supported so long as they shall each or all them shall live and when Joseph a son of America and Martha Susan the daughter of Indianna attain severally the ages of twenty one, I wish them to have the use of the profits, above the support of the rest during their life, and if either of them dies the other to have the like profits and the share of the deceased. If the deceased should leave no children if one of them leave children or children reputed to be theirs, the children shall have the fee simple in the stock of which the deceased had the profits, and at the death of the other shall receive also the fee simple in the stock of which the deceased had the profits, and at the death of the other shall receive also the fee simple in the stock of the other provided, that one leave no children if he passed which shall accrue on the death of any of the above named woman and be no longer necessary for their support. When the woman shall be dead and the children Joseph and Martha Susan dead without children or leaving no reputed children acknowledged, children – then I will and desire all the funds to accumulate by laying out in new stock until that stock shall
William W. Michie
shall be sufficient to endow a professionship of civil internationally law and [illegible]and Bellas letters at the University of Virginia with a salary equal to that of a judge of the general court at the time of endowment and the equal amount of the highest professional salary at the University whichsoever shall be most the salary of the Professor of that of the judge of the general court – then shall the trusteeship of my Executors who are hereby appointed trustees to carry into effect each and every of the duties or trusts directed in my will terminate and the visitors of University appointed for perpetual trustees to carry into effect by appointing the professor and subsequently direct the payment of the salary and manage the fund with exemplary directions never to reduce the principal nor apply to the profits to any other purpose then that above appointed. It is my will and desire, servant, maids, Indianna, America & Lydia and their children which they now have or any of them may have at the time of my death shall be immediately free & emancipated and never hired out by my
William Watson Michie
Executors, but shall be suffered to remain or reside wherever they choose and be allowed and paid by my Executors thirty dollars a year each, the children the same for their maintenance, the same for their maintenance, the same to be paid them in Mrs. Sarah Branch if convenient if not to her and her receipt for the same in both cases shall be a sufficient vouched – I desire Mrs Sarah Branch to act as mistress and protectress, as also my Executors as protectors of the said emancipated slaves so long as they remain in the state of Virginia. As soon as Martha Susan attain the age of eight of eight years, I wish her and Joseph both sent to the North and educated as respectably as the funds at that time shall admit. The same rents, profits and dividends over and above the annual expense for educating and boarding clothing & of my daughter in the best still as directed above – I wish her to have the best education to be acquired in the state of Virginia, but I desire and direct Joseph and Martha Susan to have the best in the Northern states which the surplus funds will justify and if they are
Wm Watson Michie
sufficient the very best and most extensive – I would prefer that the maid servants, herein liberated should live at Mrs Branches if she consents thereto and learn the different species of house work which might be useful to them and contribute something towards their support – just so long however and no longer than Mrs Branch might be willing and they each and all be satisfied – I do not intend in the least to abridge the full and perfect freedom bequeathed to them by this will - Mrs Branch is unwilling to act for them and they cannot remain here consistently with the laws of Virginia – I desire my Executors to pay their expenses of moving and send them to another state and provide sufficiently for their support and settlement.
There is also a small tract of land containing fifty six acres near my Green Spring land adjoining some parts of the same lot or tract belonging to David Michie and W.M. Michie called Selfs and field, which I empower my Executors to sell and apply the proceeds as the rest of my estate – I wisht hem to use their discretion as to the fullest time for the sale of this as well as the rest of this land directed and authorized to be sold – to this my last will and testament contained in this sheet and another.
Wm Watson Michie
Written entirely with my own hand and sealed with my seal and at the foot of every page whereof my name is signed for greater security and identification. I make constitute and appoint Philip B. Winston and Benjamin Wingfield my Executors and trustees to carry into effect the provisions and thereof I direct them to apply the proceeds of the sale of the lands and the personal perishable property after paying my just debts and the proper charges of the purchase of bank stock or government stock or put it out on real security as they may think best and if they state of the funds for their payment of debts do not require it, after the sale of the lands and the perishable property – I do not desire Dick to be sold, but hired out with the rest of the slaves so directed and be subject to limitations and conditions of the rest and to be thereafter free on the same contingency it was directed should liberate the others, or the main body of my slaves – John lastly of the County of Louisa who Don Robin’s wife may purchase him if he desires at appraised value signed sealed and executed by me this 16th day of September one thousand eight hundred and thirty seven.
Wm Watson Michie (seal)
At a court of quarterly session held for Hanover County at the courthouse on Tuesday the 20th of April 1842.
This writing purporting to be the last will and testament of William W. Michie dec’d was produced in court for probate and there being no subscribing witnesses thereto, Thomas Perrin and Park Perrin were sworn, who declare they are well acquainted with the hand writing of the said William W. Michie dec’d that they have examined the said writings and verily believe the same to have bene wholly written and subscribed by him. Thereupon it is indeed that the said writing be recorded, as the last will and testament of the said William W. Michie dec’d.
Teste
A Copy Philip B. Winston C.H.C

(Certificate of Probate) Teste Wm O. W. Winston D.C.H.C.
In Hanover County Court April 26th 1842
A writing purporting to be the last will and testament of William W Michie dec’d was produced in court for probate and there being no witnesses thereto, Thomas Perrin & Park Perrin were sworn who declared that they are well acquainted with the hand writing of the said William W. Michie dec’d that they have examined the said writings and verily believe the same to have been wholly written and subscribed him – whereupon it is ordered that the said writing be recorded as the last will and testament of the said William W. Michie dec’d and thereupon Philip B. Winston and Benjamin Wingfield, the Executors in the said will named came into court and relinquished right of Executorship thereto.
A Copy
Teste
Philip B. Winston C.H.C.
(Administration Granted)
In Hanover County Court September 27th 1842.
On the motion of Philip H. Jones and James P. Hopkins a certificate is granted them for obtaining letters of administration with the will annexed of the estate of William W. Michie dec’d they having taken the oath of Administrators with the will annexed and the said Philip H. Jones with Charles S. Jones and Gabriel Jones his securities, who justified as to their sufficiency, and the said James P Hopkins with William Michie and Charles B. Hopkins his securities who justified as to their sufficiency entered into and acknowledged two several bonds according to law which bonds are ordered to be recorded.
A Copy Teste
Philip B. Winston C.H.C.

Old Wills: 13

Last Will & Testament

land to be purchased out of state for the resettlement of manumitted individuals