1849 - Brown to Tom - Rappahannock Co, VA

1849 - Brown to Tom - Rappahannock Co, VA

12/10/1849

1

I William P. Brown of the County of Rappahannock and State of Virginia do hereby make my last will and testament in manner and form as follows: I will and bequeath to my wife Mary A. Brown one negro woman Adelaid and her future increase, all my household & kitchen furniture, except such as is hereinafter disposed of, also one mare Snap and my oldest [?Portorico?] Colt, fifty barrels of corn and one thousand pounds of bork to have and to hold to her the said Mary A. Brown and her heirs and assigus forever. I further will and bequeath to the said Mary A. Brown the following slaves namely Furlong, Edmund and Russel to have and to hold the said slaves Furlong, Edmund and Russel upon the conditions hereinafter expressed, for and during her natural life or widowhood, that the said slaves shall be hired yearly by my said wife and the money so raised shall be used for the maintenance and support of my said wife and for the maintenance and support and education of my sons John W. Brown and Virginius B. Brown also the sum of two thousand dollars which sum of two thousand dollars is to be for the use and benefit of my said wife and my said sons John W. and Virginius B. as herein directed, the said sum of five thousand dollars shall be loaned upon interest as vested in the purchase of land as shall be deemed most advisable by my executors and the interest and profits there from arising to be received by my said wife for and during her natural life or widowhood and to be used by my said wife for her support and maintenance and the support, maintenance and education of the said John W. and Virginius B. and when the death or marriage of the said Mary A. Brown then and in that case the aforesaid slaves Furlong, Edmund and Russel and the sum aforesaid of two thousand dollars or if land shall have been purchased, with the same the said slaves money or land as the case may be shall be equally divided between the said John W. and Virginius B. and should either of them the said John W. or Virginius B. die before arriving to the age of twenty one years then and in that case the survivor shall succeed to and take the whole legacy to the same slaves money or land herein bequeathed to the said John W. & Virginius B. and should both them the said John W. and Virginius B. die before they shall arrive to the age of twenty one years then and in that case the whole legacy herein bequeathed to the said John W. and Virginius B. shall pass to and be for the sole use and benefit of my sons Thomas W. Brown, James M. Brown, F.C. Newton Brown, and my daughter William E. Brown share & share alike saving and excepting the right and interest aforesaid of the said Mary A. Brown for and during her natural life or widowhood as aforesaid. I further will and bequeath to the said John W. Brown and Virginius B. Brown to John W. a certain colt which he now claims and a saddle to be worth fifteen dollars and to Virginius B. [?Judy?] colt and a saddle with fifteen dollars.
Item 2nd I will and bequeath to my son Thomas W. Brown the following slaves namely one negro woman Milly and her child and one negro boy Thornton to have and to hold to him the said Thomas W. his heirs or assigus forever.
Item 3rd I will and bequeath to my son James M. Brown the following slaves William, Howard, Eliza and her child, to have and to hold to him the said James M. his heirs and assigus forever, upon this lot the said James M. is to pay to my estate the sum of eighty seven dollars and fifty cents.
Item 4th I will and bequeath to my son F.C. Newton Brown the following slaves Harry, Ann, Sarah, Carraline, Catherine, and Lewis also one feather bed, stead and furniture, to have and to hold to him his heirs or assigus forever this lot to receive from my estate twelve dollars and fifty cents. I further will and bequeath to my son F.C. Newton Brown the sum of four hundred dollars which sum he is to have the use of without paying interest, that when my son John W. shall arrive to the age of eighteen years, then the said F.C. Newton Brown shall pay to the said John W. Brown the sum of two hundred dollars, and whom my son Virginius B. Brown shall arrive to the age of eighteen years then the said F.C. Newton Brown shall pay to him the said Virginius B. Brown the sum of two hundred dollars.
Item 5th I will and bequeath to my daughter Willie E. Brown the following slaves namely Stephen, Mary, Susan, Oscar and Henry one of my best feather beds, stead and furniture, one set silver spoons, lettered W.S.B. and such other items of property in my dwelling house as she the said Willie E. may claim as her own, also one young mare (the colt of a mare called Adda) to have and to hold, to her the said Willie E. her heirs and assigus forever and that the said Willie E. pay to my estate the sum of thirty seven dollars and fifty cents.
Item 6th I further will and bequeath to the care and protection of my son F.C. Newton Brown my old servant Tom and at such time as the said Tom shall wish to leave the state, then the said F.C. Newton Brown shall deliver to the said Tom freedom papers emancipating, setting free and discharging him the said Thom from labor.
Item 7th I will and direct that there shall be no charges made for or against my children for advancements made by me heretofore neither shall any of my children be held accountable for or made pay or account for any money they may be owing me by bond, note or otherwise which is not named in this will.
I direct that F.C. Newton Brown do retain in his possession a certain negro boy by the name Thornton and hire the said boy Thornton & appropriate such hires to the payment of certain debts for which the said F.C. N. Brown is bound as the security of Thomas W. Brown to whom the said boy Thornton is herein devised.
I direct that all my property not herein devised be sold on a credit of nine months bearing interest from the day of sale and from the proceeds of such sale my executors will first pay all my just debts and funeral expenses, then the legacies herein specified, the overplus if any to be equally divided between my wife and children, share and share alike.
I do hereby appoint my wife Mary A. Brown Executrix and my son F.C. Newton Brown executor of this my last will and testament hereby revoking all former wills and testaments by me made publishing and declaring this to be my last will and testament. I do hereby direct and request that the court taking probate of this my last will and testament will permit my wife Mary A. Brown and my son F.C. Newton Brown to execute a bond joint of severally as Executrix & Executor of this my last will and testament without giving any security. The word “my” on first page and the words “my” and “the” on second page interlined before signed. Witness my hand and seal this 8th day of November 1849.
Witness William P. Brown (seal)
Robt H. Sears
Joseph A. Brown

In Rappahannock County Court 10th of December 1849
This last will and testament of William P. Brown dec’d was this day produced to the Court proved by the oaths of Robert H. Sears and Joseph A. Brown the subscribing witnesses thereto and ordered to be recorded. And on the motion of Mary A. Brown the Executrix therein named who made oath and entered into bond in the penalty of $25000 conditioned as the law directs without security the testator having directed in his said will that his Executrix and also his Executor therein named should not be obliged to give security and he having left visible estate sufficient to pay his debts, certificate is granted her for obtaining a probate of said will in due form: liberty being reserved to the Executor named in the said will to join in the probate when he shall see fit. And at a court held for said county on the 8th day of July 1850, this last will and testament of Wm. P. Brown dec’d which has been heretofore proved & admitted to secure in this court was again this day produced to the court and on the motion of F.C.N. Brown the Executor therein named who made oath and entered into bond in the penalty of $25000 conditioned as the law directs without security, the testator having directed in his said last will that his Executor & Executrix therein named should not be required to give security & he having left visible estate sufficient to pay his debts, certificate is granted him for obtaining a probate of said will in due form.
Teste, W.J. Manefee CC

WB C:1

Last Will & Testament