1837 - Douglas to Ben - Bath Co, VA

Dublin Core

Title

1837 - Douglas to Ben - Bath Co, VA

Date

Manumission Item Data Item Type Metadata

Date

06/1837

Manumitter

Manumitted

Number of Persons

1

Text of Freedom Document

I William Douglas of the County of Bath in the Commonwealth of Virginia being of sound and disposing mind and memory do make and publish this as and for my last will and testament in manner and form following and hereby revoking all former wills by me heretofore made and published.
1st I devise unto my daughter Peggy Morrison (wife of Fountain of the County of Alleghany) the use and enjoyment during her natural life of all those tracts or parcels of land purchased by one of James Douglas lying on the Cowpasture River and on which the said Fountain Morrison and wife at present reside and after the death of my said daughter I devise the said lands to such of her children as shall be living and it is my will and desire that the said Fountain Morrison shall not be at liberty to do any act in reference to said lands by which the use and enjoyment thereof moved be withdrawn from his wife, but that she shall remain in the uninterrupted use and possession thereof as a source of maintenance for herself and her infant children. I also give and bequeath unto my said daughter as and for her separate property beyond the control of her said husband during her natural life the following slaves to wit: Daniel, Sam, Malinda and her male child & the future increase of the said Malinda, and after the death of my said daughter my will is that the above mentioned slaves and the future increase thereof vest in and go to such of the children of my said daughter or shall be living at the time of her decease and under no circumstances are my said daughter and her children to be in manner deprived of the support & maintenance herein intended to be provided for them by any act of the said Fountain Morrison or his creditors but her enjoyment of the said property so far as her husband is concerned is to be as free and independent of him as if she were a single woman.
2nd I devise and bequeath unto my six children by Betsy Ross dec’d to wit: Sally Ross, Sophia Ross, Rebecca Ross, Benjamin Ross, William Ross and Anderson Ross all my several parcels of land embracing and contiguous to the salt peter cave or cave on the Cowpasture River and bounded by the lands of Joseph Mays above and by those of Thomas and Hugh McDannald below also the following slaves to wit: Beverly, Dinah, Carolina, Arch, Ann (daughter of Caroline), Charles & Maudd & the future increase of the said female slaves. Also the following personal property of my quarter place to wit: one gray hose, three bay mares, the choice of six milk cows, twelve head of sheep, the stock of hogs, provisions of every kind, wagon gears, farming utensils of every kind, all the grain as well that which may have been gathered as that which may be in the ground also all my salt peter kettles. The land, negroes & other articles of personal property in this clause above enumerated and specified, I desire to be equally divided amongst my said children to wit: Sally, Sophia, Rebecca, Benjamin, William and Anderson and should any of my said last mentioned children depart this life without leaving a child or children living at the time of his or her death, then and in that event my will & desire is that his or her shares of the above mentioned lands & negroes shall revert to and vest in his or her surviving full brothers and sisters but the shares of such of them as shall die leaving a child or children shall vest in such child or children respectively.
3rd It is my will and desire that so much of my estate as is embraced in and disposed of by the foregoing clauses of this instrument shall pass into the possession of the legatees entitled thereto immediately after my decease & that no part thereof be subject to the payment of my debts, but that the same be wholly exonerated therefrom so long as the entire residue of my estate shall remain unexhausted by the claims of just creditors.
4th I devise unto my daughter Theresa Stuart (wife of Charles Stuart) his negro slaves to wit: Nelly and George both of which I placed in the possession of my said daughter immediately after her marriage.
5th I devise unto my daughter Caroline Stuart (wife of Edward Stuart) all that tract or parcel of land I purchased of Richard Mays Jr adjoining the lands of Edward Wood on the Cowpasture River in Bath County also a tract or parcel of land patented to myself supposed to be as date in 1812 containing fifty acres be the same more or less adjoining the last above mentioned tract on the west side thereof and called the Scrub Grass Hollow also one other tract patented to myself and supposed to bear date in 1812 containing fifteen acres more or less adjoining the tract I purchased or Richard Mays Jr on the east side of the Cowpasture River & the lands of Edward Wood should she die without a child or children living at the time of her decease my will & desire is that the lands above mentioned & devised to her revert to and vest in her surviving full brothers & sisters, but should she die leaving a child or children living then it my will & desire that the said lands descend to and vest in such child or children in fee simple.
6th I also devise to my said daughter Caroline Stuart upon the same terms and conditions as are mentioned in the next above clause twenty acres of land to be taken off at the upper end of a tract of fifty acres granted to myself by patent, bearing date on the 22 day of August 1812.
7th I devise and bequeath unto my children Jilson Griffith (alias Jilson Douglas), Mary Griffith (alias Mary Douglas), Henson Griffith (alias Henson Douglas), and Julia Stuart (wife of Adam Stuart) the following real and personal estate to be equally divided between them, to wit one tract of land lying on the Cowpasture containing 340 acres be the same more or less it being the same tract upon which I now reside also one other tract patented to me on the 22 day of August 1812 containing ten acres be the same more or less and adjoining the tract last above mentioned, also a tract of eighty acres for which I hold the title bond of Adam Dickinson adjoining the lands of Edward Wood & Robt Sitlington & the tract on which I now reside & known by the name of Sexton Place, a tract, also my wagon and gears belonging or attached to the place on which I reside, all the farming utensils, the crop of grain of every description and provisions on the said place which may be on hand at the time of my decease.
8th I give and bequeath unto my daughter Mary Griffith (alias Mary Douglas) one hundred and fifty dollars in money to be paid over to her guardian by my Executors to complete her education and to defray her other necessary expenses, also a negro boy named James but in the even of my said daughter departing this life without a child or children living at the time of her decease, then & in that event, my will & desire is that said negro boy revert to and vest in such of her full brothers & sisters as shall survive her, but should she leave a child or children living at the time of her decease, then & in that event I will said negro boy to such child or children.
9th I do hereby emancipate and set free my negro slave Ben (son of Dinah) because of his great fidelity and service to me which on one occasion resulted in the loss of one of his eyes and I furthermore bequeath unto the said Ben a young brown mare and one hundred dollars to be delivered and paid over to him by my Executors immediately after my decease and I do furthermore impress it upon my Executors to furnish the said Ben with the necessary papers as evidence of his emancipation to enable him to leave the country immediately after my decease.
10th I give and bequeath unto my children Theresa Stuwart, Henson Griffith, Gilson Griffith, Caroline Stuart, Juliet Stuart & Mary Griffith the following slaves to wit: Alfred, Joh, Ellisk, Mariah, Mariah’s youngest child Allen, Levi, Harry, Nancy, Edmund, Jane, Mary and Jane’s youngest child to be equally divided amongst them – provided however that should that part of my estate which is herein set apart as the fund for the payment of all my just debts and funeral expenses prove inadequate to that purpose then and in that event the negroes named in the foregoing part of this clause or so many thereof as shall be necessary for the purpose shall constitute an additional fund for the payment of my debts a majority of the legatees to whom they are bequeathed upon reasonable notice to them by my Executors are to have the privilege of designating such of the said slaves as they named prefer being sold & in the event of the said legatees failing to make a selection then & in that event that duty is to devolve upon my Executors who shall sell so many thereof as may be necessary for the purpose for which they are thus set apart and provided also that should any of the said last mentioned legatees depart this life without a child or children living at his or her decease then & in that event his or her share of the above last mentioned legacy shall revert to and vest in the surviving legatees.
11th All the rest and residue of my estate not disposed of in the previous part of this instrument, embracing lands, negroes, debts due me and my interest in the estate of my father Benjamin Douglas dec’d shall constitute a fund out of which I desire that all my just debts & funeral expenses shall be paid and I enjoin upon my Executors hat they without unnecessary delay proceed to make sale of the residue of my property and apply the same & the debts due me to the payment of all my just creditors. I do not however by this general provision in favor of creditors intend that I shall operate in such a way to revise any state demands to the recovery of which the statute of limitations would prevent a bar.
12th I give and bequeath unto my daughter Juliet Stuart upon the same terms and conditions attached to the other legacies given to her by this will a negro girl named Emiline.
13th I give and bequeath unto my son Henson Douglas a negro slave named Anderson. The two last mentioned legacies are not to be subjected to the payment of my debts until the two funds provided in the 10th and 11th clauses of this will for that purpose shall have been exhausted.
14th All the rest and residue of my estate of every kind whatsoever not necessary for the payment of my debts nor otherwise disposed of by this instrument, I will & bequeath unto my children Theresa Stuart, Henson Griffith, Jilson Griffith, Juliet Stuart, Caroline Stuart, and Mary Griffith to be equally divided between them.
15th Last I constitute and appoint Charles Stuart and Edward Stuart Executors of this my last will and testament. In testimony hereof I have set my name and affixed my seal this 2nd day of January 1836.
Signed sealed published William Douglas (seal)
& declared by William
Douglas as and for his
last will & testament in
our presence & hearing &
by us at the request of the
said William Douglas and
in his presence subscribed
as witnesses thereto
William H Terrell
Joseph Wood

Bath County June Court 1837
This last will and testament of William Douglas dec’d was presented in court and proved by the oath of William H Terrell and Joseph Wood subscribing witnesses thereto and ordered to be recorded.
Teste, Ch’s S. Francisco Clk

Record Location

WB 4:356

Document Type

Last Will & Testament

Files

Citation

“1837 - Douglas to Ben - Bath Co, VA,” Manumission Project, accessed November 13, 2025, https://manumissionproject.omeka.net/items/show/2037.