1844 - Green to Frederick - Rappahannock Co, VA
Manumission Item Data Item Type Metadata
Date
10/14/1844
Manumitter
Manumitted
Number of Persons
1
Text of Freedom Document
I James Green of Culpeper County being of sound and disposing mind do make declare and publish this & for my last will and testament hereby revoking any former will by me heretofore made.
I will and direct that the whole of my estate both real or personal with the exceptions hereafter made, descend and pass as if I had died intestate, my books in which I have charged the advances made to my several children being taken as evidence of their advances. That part my estate which may fall to my son John S Green upon a division I give in trust to my son Jones Green to be held by him during the natural life of the said John S. the profits whereof to be applied to the use and benefit of the said John S and his family, but not to be subject to or in any manner liable for any debts or debts of any kind due by or which may be contracted by the said John S. and upon the death of the said John S. the same is to be divided amongst his heirs agreeable to the law of descents. That part of my estate which may fall to my daughter Frances Parsons I give in trust to my son Charles Green to be held by him during the natural life of my said daughter Frances, the profits whereof to be applied to her use and benefit, but not to be subject to the payment of any debts or debts due by her husband George M Parsons or any debt which he may contract, but to be held for the sole use and benefit of my said daughter & upon the death of my said daughter the said part is to pass to her daughter Elizabeth Brent if living and if not then to the children of the said Elizabeth Brent. In the settlement and division of my estate, I direct that no interest be charged upon obligations or notes held by me from my sons or sons in law except a note which I hold which was given by my son James Green for two hundred dollars and which was assigned to me. I earnestly advise my beloved wife to make a compromise with her children for her interest in my estate by having a specific sum placed at interest on ample security the interest to be paid half yearly, believing as I do that if she takes her third she will find the management of it very troublesome & unpleasant.
I direct that as speedy a settlement be made of my estate as practicable after my decease, by division of the same, and a division of all bonds, notes & accounts which may be due me and lastly I constitute and appoint my son in law William A. Lane Executor of this my last will & testament. In witness whereof I have hereto set my hand & affixed my this 20th day of January 1833.
Signed, sealed, declared & James Green (seal)
published as for his last
will & testament in presence of
Zeph Turner
Robert Slaughter
Jno S. Turner
John Turner
I James Green do hereby add the following codicil to this my last will and testament (to wit) it is my will & desire that all the debts of all and every kind which may be due to me by any of the legatees mentioned in the said will shall be given up to the persons owing the same and not brought into the account on final settlement among which debts there are six bonds for fifteen thousand dollars each, executed to me by six of the said legatees my books will shew what shall be considered a final settlement up to the date of that settlement and from the time of that settlement to the time of my death it is my will that no debts due me by any of the legatees shall be accounted for. Given under my hand and seal this 27th day of January 1837.
James Green (seal)
I James Green do hereby add this further codicil to this my last will & testament to wit – I give to my great grand daughter Elizabeth Lane Scott my negro boy Frederick and in case she should not live to the age of twenty one years or marry, then I leave the said negro boy Frederick to my grand son John G Lane in trust for the sole use and benefit of my grand daughter M Frances Scott and her heirs. Given under my hand & seal this 18th day of January 1841.
Witness James Green (seal)
M. Elvira Lane
M. Ellen Lane
I James Green of Rappahannock County by way of codicil to my last will do hereby give to my great grand daughter Elizabeth Lane Scott the two following tracts of land to wit- one containing ninety acres conveyed to me by – Smith by deed recorded in the Clerk’s of the County Court of Culpeper which said land adjoins the lands of Benj Payton & others, one other tract containing one hundred & twenty four acres conveyed to me by deed recorded in the clerk’s office of the County Court of Culp’r by Gab’l Wiley & wife which adjoins the lands of Abner Sims & others which said two tracts of land aforesaid I do hereby devise to bequeath to my great grand daughter Elizabeth Lane Scott to her & her heirs forever provided she lives until she is twenty one years old or marries, and in case she should not live to the age of twenty one years or marry then & in that case I do hereby will & bequeath the aforesaid two tracts of land to my grand son John G Lane in trust for the sole use & benefit of my grand daughter M. Frances Scott – and the said John G. Lane is hereby authorized so to manage the said land by sale or otherwise as will in his judgment best promote the interest of the said M Francis Scott. In witness whereof I hereto set my hand & seal this 21st day of Dec’r 1841.
Signed, sealed & delivered by James James Green (seal)
Green in our presence & attested by us
in his sight and at his request
Mordecai Hawkins
William Thorn
M Elvira Lane
I James Green do hereby add this further codicil to this my last will and testament, to wit, that in consequence of the death of my son in law William A Lane (named in the body of my will as my executor) I do now constitute & appoint my grandson John G Lane Executor of this my last will & testament. In witness whereof I have hereunto set my hand and affixed my seal this 24th day of September 1842.
Signed, sealed & delivered by James Green James Green (seal)
In our presence & attested by us in his
Sight & at his request.
John Shack Green
Monroe Kelly
James Ashby
Whereas I James Green of the County of Rappahannock (formerly Culpeper) have made my last will & testament in writing bearing date the 20th day of January 1833 and have since annexed several codicils thereto, but yet desire to make my meaning upon some points more clear & explicit than it is in them, now therefore I do hereby declare this present writing to be a further codicil to my said will and direct the same to be annexed thereto and taken as a part thereof.
In the first place, as to any bonds or other claims which at the time of my death I may hold upon my son John S. Green & any property real or personal belonging to me which shall be at that time in his possession as well as the distributive share of my estate, which would otherwise be his under the fourth clause of this codicil, all of this I give & bequeath to my son Jones Green in trust, for the benefit of the family of the said John S Green in such manner & form as is expressed in my said will.
Secondly, as to any bonds, or other claims which at the time of my death I may hold upon my son in law George M Parsons or my daughter Frances Parsons, and any property real or personal belonging to me which shall be at that time in his or her possession, as well as the distribution share of my estate which would otherwise come to him or her under the fourth clause of this codicil – all this I give & bequeath to my son Charles Green, in trust, for the benefit of the said Frances Parsons & her family in such manner & form as is expressed in my said will.
Thirdly, as to any bonds, or other claims which at the time of my death I may hold upon any of my children, other than those mentioned before & any property real or personal belonging to me which at that time shall be in the possession of such children or any of them – I give & bequeath the same to such children respectively upon whom I may hold such bond or other claims, or in whose possession such property may be.
Fourthly, It is my will & desire that the rest and residue of my estate of all kinds be divided in like manner as if I had died intestate, but with this understanding however that in making such division there shall be no hotchpot account taken of any advancements heretofore made by one, or which may be hereafter made by me to any of my said children or their descendants.
Fifthly – Having become the suety of my daughter Dorothea F. Ashby in a bond to John G Lane acting as her trustee in the sum of three thousand one hundred & sixty two 96/100 dollars, dated the 27th September 1842, I direct (if said bond shall not have been paid by her) my executor to discharge & pay it off out of her share of my estate which will come into his hands.
And lastly, I do ratify & confirm my said will & the codicils heretofore annexed to it, except so far only as the same shall be inconsistent with any thing contained in this present codicil.
In testimony whereof I hereunto set my hand 7 affixed my seal this 18th day of February 1843.
The above codicil was signed, sealed James Green (seal)
& acknowledged in our presence at
the request of the signer
James B. Jones
W.J. Menefee
Middleton Miller
I James Green do hereby add the further codicil to this my last will & testament, to wit, whereas by the third codicil of this my last will & testament, I gave to my great grand daughter Elizabeth Lane Scott my negro boy, Frederick, I now do hereby revoke that gift and do hereby give & bequeath to her in lieu of him four hundred dollars – and in consideration of my said negro boy Frederick’s fidelity & general good deportment, I give to said Frederick his freedom and require of my executors to endeavor to obtain leave for him to remain within the state, so long as he shall continue a good citizen, and in the event of the failure of such application, I will and direct that my grandson John G Lane shall take the control & management of him & appropriate his heirs to the support & maintenance of said Frederick.
In the event of the death of my great grand daughter Elizabeth Lane Scott, before she attains the age of twenty one, then & in that case I give & bequeath the above legacy of four hundred dollars, intended to be given her, to my grandson John G Lane, in trust, for the sole use & benefit of my grand daughter M Frances Scott & heirs.
In testimony whereof I have hereunto set my hand & affixed my seal this 27th day of May 1843.
Signed, sealed & delivered in James Green (seal)
Presence of us, as a codicil
Robert S. Bell
John Jett
John W Marlow
Mordecai Hawkins
In Rappahannock County Court 14th October 1844
This last will & testament of James Green dec’d together with the codicils thereto, was this day produced to the court the said will was thereupon proved by the oaths of Zeph Turner & John S Turner two of the subscribing witnesses thereto the first and second of the codicils thereto having no subscribing witnesses the said Zeph Turner & John S Turner were sworn & severally deposed that they are well acquainted with the testators handwriting & verily believe that the first & second codicils with the name thereto subscribed to be of the testators proper handwriting. The third codicil was proved by M. Elvira Lane, who since subscribing her name to the same has intermarried with Monroe Kelly and M. Ellen Lane the other subscribing witness thereto. The fourth codicil was proved by the oaths of Mordecai Hawkins & the said M. Elvira Lane (now M. Elvira Kelly) two of the subscribing witnesses thereto. The fifth codicil was proved by the oaths of John Shack Green & Monroe Kelly two of the subscribing witnesses to the same. The sixth codicil was proved by the oaths of William J Menefee & Middleton Miller two of the subscribing witnesses thereto. The seventh & last codicil thereto was proved by the oaths of John Jett & the said Mordecai Hawkins two of the subscribing witnesses to the same. Whereupon the said will together with the said several codicils thereto annexed is ordered to be recorded as the last will and testament of the said James Green deceased. And on the motion of John G Lane the executor therein named who made oath thereto, together with Charles Green, Jones Green, Duff Green, Samuel Bayby, Elizabeth J Lane & John Jett his securities entered into & acknowledged a bond in the penalty of $90000 conditioned as the law directs; certificate is granted him for obtaining a probate thereof in due form.
Test, W J Menefee CC
I will and direct that the whole of my estate both real or personal with the exceptions hereafter made, descend and pass as if I had died intestate, my books in which I have charged the advances made to my several children being taken as evidence of their advances. That part my estate which may fall to my son John S Green upon a division I give in trust to my son Jones Green to be held by him during the natural life of the said John S. the profits whereof to be applied to the use and benefit of the said John S and his family, but not to be subject to or in any manner liable for any debts or debts of any kind due by or which may be contracted by the said John S. and upon the death of the said John S. the same is to be divided amongst his heirs agreeable to the law of descents. That part of my estate which may fall to my daughter Frances Parsons I give in trust to my son Charles Green to be held by him during the natural life of my said daughter Frances, the profits whereof to be applied to her use and benefit, but not to be subject to the payment of any debts or debts due by her husband George M Parsons or any debt which he may contract, but to be held for the sole use and benefit of my said daughter & upon the death of my said daughter the said part is to pass to her daughter Elizabeth Brent if living and if not then to the children of the said Elizabeth Brent. In the settlement and division of my estate, I direct that no interest be charged upon obligations or notes held by me from my sons or sons in law except a note which I hold which was given by my son James Green for two hundred dollars and which was assigned to me. I earnestly advise my beloved wife to make a compromise with her children for her interest in my estate by having a specific sum placed at interest on ample security the interest to be paid half yearly, believing as I do that if she takes her third she will find the management of it very troublesome & unpleasant.
I direct that as speedy a settlement be made of my estate as practicable after my decease, by division of the same, and a division of all bonds, notes & accounts which may be due me and lastly I constitute and appoint my son in law William A. Lane Executor of this my last will & testament. In witness whereof I have hereto set my hand & affixed my this 20th day of January 1833.
Signed, sealed, declared & James Green (seal)
published as for his last
will & testament in presence of
Zeph Turner
Robert Slaughter
Jno S. Turner
John Turner
I James Green do hereby add the following codicil to this my last will and testament (to wit) it is my will & desire that all the debts of all and every kind which may be due to me by any of the legatees mentioned in the said will shall be given up to the persons owing the same and not brought into the account on final settlement among which debts there are six bonds for fifteen thousand dollars each, executed to me by six of the said legatees my books will shew what shall be considered a final settlement up to the date of that settlement and from the time of that settlement to the time of my death it is my will that no debts due me by any of the legatees shall be accounted for. Given under my hand and seal this 27th day of January 1837.
James Green (seal)
I James Green do hereby add this further codicil to this my last will & testament to wit – I give to my great grand daughter Elizabeth Lane Scott my negro boy Frederick and in case she should not live to the age of twenty one years or marry, then I leave the said negro boy Frederick to my grand son John G Lane in trust for the sole use and benefit of my grand daughter M Frances Scott and her heirs. Given under my hand & seal this 18th day of January 1841.
Witness James Green (seal)
M. Elvira Lane
M. Ellen Lane
I James Green of Rappahannock County by way of codicil to my last will do hereby give to my great grand daughter Elizabeth Lane Scott the two following tracts of land to wit- one containing ninety acres conveyed to me by – Smith by deed recorded in the Clerk’s of the County Court of Culpeper which said land adjoins the lands of Benj Payton & others, one other tract containing one hundred & twenty four acres conveyed to me by deed recorded in the clerk’s office of the County Court of Culp’r by Gab’l Wiley & wife which adjoins the lands of Abner Sims & others which said two tracts of land aforesaid I do hereby devise to bequeath to my great grand daughter Elizabeth Lane Scott to her & her heirs forever provided she lives until she is twenty one years old or marries, and in case she should not live to the age of twenty one years or marry then & in that case I do hereby will & bequeath the aforesaid two tracts of land to my grand son John G Lane in trust for the sole use & benefit of my grand daughter M. Frances Scott – and the said John G. Lane is hereby authorized so to manage the said land by sale or otherwise as will in his judgment best promote the interest of the said M Francis Scott. In witness whereof I hereto set my hand & seal this 21st day of Dec’r 1841.
Signed, sealed & delivered by James James Green (seal)
Green in our presence & attested by us
in his sight and at his request
Mordecai Hawkins
William Thorn
M Elvira Lane
I James Green do hereby add this further codicil to this my last will and testament, to wit, that in consequence of the death of my son in law William A Lane (named in the body of my will as my executor) I do now constitute & appoint my grandson John G Lane Executor of this my last will & testament. In witness whereof I have hereunto set my hand and affixed my seal this 24th day of September 1842.
Signed, sealed & delivered by James Green James Green (seal)
In our presence & attested by us in his
Sight & at his request.
John Shack Green
Monroe Kelly
James Ashby
Whereas I James Green of the County of Rappahannock (formerly Culpeper) have made my last will & testament in writing bearing date the 20th day of January 1833 and have since annexed several codicils thereto, but yet desire to make my meaning upon some points more clear & explicit than it is in them, now therefore I do hereby declare this present writing to be a further codicil to my said will and direct the same to be annexed thereto and taken as a part thereof.
In the first place, as to any bonds or other claims which at the time of my death I may hold upon my son John S. Green & any property real or personal belonging to me which shall be at that time in his possession as well as the distributive share of my estate, which would otherwise be his under the fourth clause of this codicil, all of this I give & bequeath to my son Jones Green in trust, for the benefit of the family of the said John S Green in such manner & form as is expressed in my said will.
Secondly, as to any bonds, or other claims which at the time of my death I may hold upon my son in law George M Parsons or my daughter Frances Parsons, and any property real or personal belonging to me which shall be at that time in his or her possession, as well as the distribution share of my estate which would otherwise come to him or her under the fourth clause of this codicil – all this I give & bequeath to my son Charles Green, in trust, for the benefit of the said Frances Parsons & her family in such manner & form as is expressed in my said will.
Thirdly, as to any bonds, or other claims which at the time of my death I may hold upon any of my children, other than those mentioned before & any property real or personal belonging to me which at that time shall be in the possession of such children or any of them – I give & bequeath the same to such children respectively upon whom I may hold such bond or other claims, or in whose possession such property may be.
Fourthly, It is my will & desire that the rest and residue of my estate of all kinds be divided in like manner as if I had died intestate, but with this understanding however that in making such division there shall be no hotchpot account taken of any advancements heretofore made by one, or which may be hereafter made by me to any of my said children or their descendants.
Fifthly – Having become the suety of my daughter Dorothea F. Ashby in a bond to John G Lane acting as her trustee in the sum of three thousand one hundred & sixty two 96/100 dollars, dated the 27th September 1842, I direct (if said bond shall not have been paid by her) my executor to discharge & pay it off out of her share of my estate which will come into his hands.
And lastly, I do ratify & confirm my said will & the codicils heretofore annexed to it, except so far only as the same shall be inconsistent with any thing contained in this present codicil.
In testimony whereof I hereunto set my hand 7 affixed my seal this 18th day of February 1843.
The above codicil was signed, sealed James Green (seal)
& acknowledged in our presence at
the request of the signer
James B. Jones
W.J. Menefee
Middleton Miller
I James Green do hereby add the further codicil to this my last will & testament, to wit, whereas by the third codicil of this my last will & testament, I gave to my great grand daughter Elizabeth Lane Scott my negro boy, Frederick, I now do hereby revoke that gift and do hereby give & bequeath to her in lieu of him four hundred dollars – and in consideration of my said negro boy Frederick’s fidelity & general good deportment, I give to said Frederick his freedom and require of my executors to endeavor to obtain leave for him to remain within the state, so long as he shall continue a good citizen, and in the event of the failure of such application, I will and direct that my grandson John G Lane shall take the control & management of him & appropriate his heirs to the support & maintenance of said Frederick.
In the event of the death of my great grand daughter Elizabeth Lane Scott, before she attains the age of twenty one, then & in that case I give & bequeath the above legacy of four hundred dollars, intended to be given her, to my grandson John G Lane, in trust, for the sole use & benefit of my grand daughter M Frances Scott & heirs.
In testimony whereof I have hereunto set my hand & affixed my seal this 27th day of May 1843.
Signed, sealed & delivered in James Green (seal)
Presence of us, as a codicil
Robert S. Bell
John Jett
John W Marlow
Mordecai Hawkins
In Rappahannock County Court 14th October 1844
This last will & testament of James Green dec’d together with the codicils thereto, was this day produced to the court the said will was thereupon proved by the oaths of Zeph Turner & John S Turner two of the subscribing witnesses thereto the first and second of the codicils thereto having no subscribing witnesses the said Zeph Turner & John S Turner were sworn & severally deposed that they are well acquainted with the testators handwriting & verily believe that the first & second codicils with the name thereto subscribed to be of the testators proper handwriting. The third codicil was proved by M. Elvira Lane, who since subscribing her name to the same has intermarried with Monroe Kelly and M. Ellen Lane the other subscribing witness thereto. The fourth codicil was proved by the oaths of Mordecai Hawkins & the said M. Elvira Lane (now M. Elvira Kelly) two of the subscribing witnesses thereto. The fifth codicil was proved by the oaths of John Shack Green & Monroe Kelly two of the subscribing witnesses to the same. The sixth codicil was proved by the oaths of William J Menefee & Middleton Miller two of the subscribing witnesses thereto. The seventh & last codicil thereto was proved by the oaths of John Jett & the said Mordecai Hawkins two of the subscribing witnesses to the same. Whereupon the said will together with the said several codicils thereto annexed is ordered to be recorded as the last will and testament of the said James Green deceased. And on the motion of John G Lane the executor therein named who made oath thereto, together with Charles Green, Jones Green, Duff Green, Samuel Bayby, Elizabeth J Lane & John Jett his securities entered into & acknowledged a bond in the penalty of $90000 conditioned as the law directs; certificate is granted him for obtaining a probate thereof in due form.
Test, W J Menefee CC
Record Location
WB B:176
Document Type
Last Will & Testament
Files
Collection
Citation
“1844 - Green to Frederick - Rappahannock Co, VA,” Manumission Project, accessed January 15, 2025, https://manumissionproject.omeka.net/items/show/2002.