1835 - East to Will - Patrick Co, VA

1835 - East to Will - Patrick Co, VA

03/01/1835

1

I Isham East of the County of Patrick and State of Virginia being of sound mind and unusual health but being mindful of the uncertainty of life and the certainty of death, do make and publish this as my last will and testament as follows to wit.
Item 1st I desire that all my just debts be paid as soon as possible after my decease and for this purpose I desire that all my perishable property may be sold as soon as convenient after my decease and the proceeds appropriated to the discharge of my debt and the payments of the legacies hereinafter given provided that should not all the perishable property be required to pay debts my Executors may have the residue valued by disinterested persons and appropriated to the discharge of such of the legacies hereinafter given as are payable in trade.
Item. 2nd If my perishable property should be insufficient to pay the debts and legacies my desire is that my[blank space] house and the improvements contiguous thereto which I wish my wife Mary to possess during her life.
Item 3rd I give my wife Mary East during her natural life all my land or so much thereof including the improvements above mentioned as may remain after selling enough of such sale should be necessary to make up any deficiency of the perishable property. I also give my said wife Mary two boys Bill and George to do with as she may think proper and three other boys Bob and Elisha Will and Lucy during her natural life and I further desire that my Executor take care of my said wife during her life by attending to her business and by seeing that she lives comfortably. I also desire that she may keep two horse beast two cow and the house furniture during her life.
Item 4th I give my son William East hereinafter named my Executor after the death of his mother all that part of my land lying west of the old road leading from west old place to the bend of Clarks Creek thence down the creek to the mouth of the spring branch thence up the said spring branch to head near the road bending from the mouth of Clark’s creek to the wards gap road thence to the nearest point of said road and thence up the road to where it crosses my back line, the same being the north west side of my tract. I also give my said son William the following negroes Phil James Charity Amey and her future increase.
Item 5th I give to my son Joseph East after the death of his mother all the residue of my land to the east and south of the line heretofore mentioned which is to be the line between him and his brother William. I also give my said son Joseph after the death of his mother the above named boy Bob.
Item 6th It is my desire that if it should be necessary to sell any part of the above devised land to fulfill the provisions of this will my Executor shall as far as possible take equal quantities from his own share and that of his brother Joseph and if on such sale there should be any gross inequality in the quantity taken from the two shares I desire that compensation be made to the losing party by the other.
Item 7th I give to my daughter Mary Riddle one hundred dollars in trade.
Item 8th I give to my daughter Sally Eads one hundred dollars in trade.
Item 9th I give to my daughter Elizabeth Copland my negro girl Lucy.
Item 10th I give my daughter Ursula Nunn my negro boy Lewis.
Item 11th In consideration of the long and faithful services of my man Will it is my will and desire that he be emancipated and that my Executor provide for his comfortable maintenance should he be unable to maintain himself and take care of his interest.
Item 12th I hereby constitute and appoint my son William East my Executor of this my last will and testament.
Item 13th I give the children of my deceased son John East one hundred dollars to be divided among them and paid to them as they come of age either on such property as may be useful to them or in money at the discretion of my Executor.
Item 14th I desire that in discharging the legacies payable in trade such property may be given as the legatees may choose and in all cases the property be valued by disinterested persons.
Item 15 I hereby revoke all wills heretofore made by me and declare this to be my last will and testament. In testimony whereof I have hereunto set my hand and seal this 12 day of December 1830.
Published by Isham East as his Isham East (seal)
last will and testament in
Senay Philips
Travis Tune

Patrick March Court 1835
The last will and testament of Isham East dec’d was proved in court by the oaths of the witnesses thereto and is ordered to be recorded and on motion of William East the Executor herein named who made oath thereto and together with Joseph Smith and William Ayres Martin Cloud & John Eaton his securities entered into and acknowledged a bond in the penalty of ten thousand dollars conditioned as the law directs certificate is granted him for obtaining a probate of the said will in due form.
A copy
Teste,
A Staples Clk

WB 2:208

Last Will & Testament

Executor to ensure manumittee's "comfortable maintenance"