1844 - Oliver to Mary - Chesterfield Co, VA
Manumission Item Data Item Type Metadata
Date
02/12/1844
Manumitter
Number of Persons
8
Self Purchase Amount
$1
Text of Freedom Document
In the name of God Amen:
I Thomas A. Oliver of Chesterfield being of feeble health and of sound mind and memory do make this my last will and testament.
Imprimis. I bequeath to my dear wife all the slaves which I have acquired by my marriage with her and their increase; and one half of my perishable estate (except what is hereafter given to my sisters) and one half of my moneys and debts due to me, after paying all debts due from me and all other charges and expenses of my estate; but upon condition that she shall make no claim of dower in my real estate, and of the slaves which I have emancipated. If she shall claim dower in my real estate, it is to be assigned to her before any part thereof shall be sold as hereafter directed; and at her death the dower land is to be sold in the manner and for the purposes herein after provided; and her portion of the slaves shall be assigned to her out of those which I derived from her: this provision being intended to be in lieu of her dower and distributable portion of my estate real and personal.
Item. I give to my sisters Sally May & Martha Oliver and to the survivor of them, during life, the plantation on which they reside in Dinwiddie called Round Oak, together with all the furniture implements, utensils, stocks, provisions & crop of every kind which may be on and appertaining to the place at my death without their being accountable for any thing of a perishable nature, or which may be worn out and consumed by them; and after the death of the survivor of I give the plantation and whatever may remain of the perishable property unto my nephew Peterson J. Oliver to hold the land and appurtenances to him during his natural life and no longer, and at his death, I give the said plantation to his eldest son, who may attain the age of twenty one years, but if he shall die without leaving a son who shall attain that age, then I give the said plantation to all the children of the said P.J. Oliver who may be living at his death and the descendants of the here who may have died leaving issue; but if there be no descendant of P.J. Oliver living at his death, then I give the plantation to Oliver P. Bendall son of Lucy E. Bendall during his natural life; and at his death to his children of they any there be; but if he be then dead, or afterwards die, without issue living at his death, then I give the same to his brothers and sisters then living and the issue of those who may have died leaving issue to them and their heirs forever.
Item. I emancipate all the slaves which I may own as my absolute property at my death and I require my executors to use give hundred dollars (which is hereby bequeathed to them for the purpose) out of any money of my estate in order to provide for the settlement of my said slaves. I hope they may be permitted to remain in Virginia and until that can be ascertained or till they be permanently settled, I desire that they may remain on my Round Oak plantation, or if any shall prefer to have their emancipation postponed, I desire that they be allowed to remain there during the life of my sisters and the survivor of them, and I give to my faithful and attentive servant Jack the carpenter my lot and houses on the east side of Walnut Street in Petersburg, nearly opposite the rail and depot, and I earnestly request that he may be allowed to remain in the state and reside on the lot as a free man.
Item. All the residue of my estate of every description including my residence West View in Chesterfield, a plantation in Prince George, and two in Sussex called Halls old ordinary and Tyres’s and all lands which I may hereafter acquire, I desire to be sold and hereby empower my exors so to do as to the real estate on a credit of one, two and three years taking bonds with sufficient surety and deeds of trust on the lands respectively to secure the purchase money. I direct the proceeds of sales and all other moneys which may accrue to my estate to be invested in stocks of the state government of VA or the government of the United States, and the investments to be renewed and continued as long as it can lawfully be done: I desire that one fourth of the annual interest and profits be paid to each of my sisters, Sally May, Martha Oliver and Nancy Adams, and the other fourth to my nephews Peterson J. Oliver & Oliver P. Bendall during their respective lives; and at the death of any one or more of them & direct that his her or their shares shall go to the survivors & survivor of them during his her or their natural life or lives; and after the death of the last survivor then, I give one third part of the stocks or funds aforesaid unto the children of Peterson J. Oliver then living and the descendants of any who may have died, leaving issue then living, but if there be no child or issue of P.J. Oliver, then living, in that case I give the same to the descendants of my niece Lucy E. Bendall who may be then living to them and their heirs forever. One other third I give to Oliver P. Bendall’s children who may be then living, and the issue of those who m ay have died leaving issue then living; but if there be no living issue of O.P. Bendall at his death then I give the same to the descendants of my nephew John G. Adams then living, and the other third part I give to my great nieces Susan P. Graves & Caroline Graves daughters of Susan and Robert Graves during their respective lives, that is one moiety to such during life, and after their deaths respectively I give the said moiety of each to her children and descendants and in case of the death of either or both without issue then living, I give her share, or both shares, as the case may be to the descendants of my niece Maria Moore, then living, to them and their heirs forever.
Item. Whenever provision is made for the issue or descendants of any person or persons herein, the shares of such issue are to be ascertained according to the law of descents in Virginia.
Item. I direct that my exors pay over to my sisters Sally May, Martha Oliver, & Nancy Adams the sum of seventy five dollars each (illegible) total for their immediate use as soon as it can be done after my decease.
Item. I desire that my executors shall superintend the education and bringing up of Oliver P. Bendall in a proper manner.
Lastly I appoint John Y Mason of Southampton and Isham E Hargrove of Dinwiddie my lawful executors of this my last will and testament. And in witness of all which I have hereunto set my hand and affixed my seal this 23rd day of April 1842.
Signed, sealed and published Thomas A. Oliver (seal)
is the last will of Tho. A. Oliver
before us, who attested the
same in his presence and
at his request
John Britton
Edwin James
H.B. Gaines
A Codicil to the last will of Thomas A. Oliver
I have not bequeathed my wearing apparel to any person in my will, but I think it best to do so.
Item 1st I give one half of my wearing apparel to my nephew Peter J. Oliver, and the other half I give to my servant Jack that I have set free, the carpenter.
Item 2nd I wish my gold watch that I wear to be sold, as my other property is directed to be sold, and the money to be put out on interest as my other monies are directed in my will.
Item 3rd My silver watch I give to Oliver P. Bendall.
Item 4th and lastly, I constitute and appoint John Y. Mason of the County of Southampton and Isham E. Hargrave of Dinwiddie County my lawful executors to my last will and testament and to this codicil, revoking all other persons. And I wish them to take charge of my estate as soon as convenient after my death, and further wish for them to be as liberal to my sisters as they can be allowed as executors.
Given under my hand and seal this 24th day of May 1842.
Signed, sealed and acknowledged Thomas A. Oliver (seal)
by Thomas A. Oliver before us
who witnessed it in his presents
and at his request
This codicil was written by Tho’s A. Oliver
A second codicil to my will…
Upon reflection I think it best to make some alteration. I loan to my sisters Sally May and Martha Oliver the following negroes to wit: namely Lewis, Isabel, Howard and Minerva and her two children namely Roseander and Sally Ann; those negroes are to live on the plantation on which my sisters now resides but not to be subject to be taken for any debt they may now owe, or contract after this time.
At the death either of my sisters the above slaves are to descend to the survivor as long as either shall live, and at the death of both, then the above slaves are to be sold and the money put as directed in my will.
I emancipate and set free the following slaves to wit: Mary and all of her children, namely Mary, Jack, William, Alexander, Jim, Richard and Lucy and all that she the said negro woman may have after this time.
I direct my executor to sell all the balance of my slaves and appropriate the money arising from the sale of said slaves as directed in my will.
I also wish exors to have my new house which is now being built, finished (called ? Hill) rented or leased together with the land in the west of the road, and attached thereto; and the proceeds paid out annually to my sisters Sally May and Martha Oliver.
I also wish and direct my executor to have my grave dug on the north side and near my mothers and walled in, in like manner with brick, and covered over with a marble slab. As witness my hand and seal this 21st December in the year of Lord one thousand eight hundred and forty three.
Signed & sealed in presence of Thomas A. Oliver (seal)
Frederick Tucker
Daniel H. Burge
William H. Brown
December 25th 1843
Dear Sir:
I am as low as I can be, and should I die I want you to have my will and two codicils proved. I wish you to take charge of my whole estate, and lot of to my wife what she is entitled to; under the law and the will. I have loaned to my sisters six negroes. I have set Mary and all her children free, the balance of negroes that come by me, I wish all sold, and the money arising for the sale, I wish put at interest as my will directs other monies to be put at interest. Oh Judge please comply with my request. There is no one that I am willing to leave my affairs with but you. I leave you my only executor. Farewell, Judge, Farewell.
Superscribed Tho’s A. Oliver
John F. May esquire per Jack
In Chesterfield County Court February 12th 1844
The last will and testament of Thomas A. Oliver deceased was proved by the oaths of John Britton and Edwin James, witnesses thereto, and is ordered to be recorded; together with two codicils to said will were produced and there being no subscribing witnesses to the same, John Britton, Edwin James, and E.A. Shands being sworn severally deposed that they are well acquainted with the handwriting of the said deceased and verily believe the said codicils and the names thereto subscribed to be wholly written by the testators own hand, whereupon the same were ordered to be recorded as codicils to the last will and testament of said Thomas A. Oliver deceased. And at a court held for said county the 11th day of March following, another codicil to the said will was produced in court and proved by the oaths of Daniel H. Burge and William H. Brown witnesses thereto and ordered to be recorded.
On the motion of John F. May executor in one of the said codicils named who made oath and entered into bond with security conditioned, as the law directs, a certificate is granted him for obtaining probate in due form of law.
Examined Teste,
L.W. Carter D.C.
I Thomas A. Oliver of Chesterfield being of feeble health and of sound mind and memory do make this my last will and testament.
Imprimis. I bequeath to my dear wife all the slaves which I have acquired by my marriage with her and their increase; and one half of my perishable estate (except what is hereafter given to my sisters) and one half of my moneys and debts due to me, after paying all debts due from me and all other charges and expenses of my estate; but upon condition that she shall make no claim of dower in my real estate, and of the slaves which I have emancipated. If she shall claim dower in my real estate, it is to be assigned to her before any part thereof shall be sold as hereafter directed; and at her death the dower land is to be sold in the manner and for the purposes herein after provided; and her portion of the slaves shall be assigned to her out of those which I derived from her: this provision being intended to be in lieu of her dower and distributable portion of my estate real and personal.
Item. I give to my sisters Sally May & Martha Oliver and to the survivor of them, during life, the plantation on which they reside in Dinwiddie called Round Oak, together with all the furniture implements, utensils, stocks, provisions & crop of every kind which may be on and appertaining to the place at my death without their being accountable for any thing of a perishable nature, or which may be worn out and consumed by them; and after the death of the survivor of I give the plantation and whatever may remain of the perishable property unto my nephew Peterson J. Oliver to hold the land and appurtenances to him during his natural life and no longer, and at his death, I give the said plantation to his eldest son, who may attain the age of twenty one years, but if he shall die without leaving a son who shall attain that age, then I give the said plantation to all the children of the said P.J. Oliver who may be living at his death and the descendants of the here who may have died leaving issue; but if there be no descendant of P.J. Oliver living at his death, then I give the plantation to Oliver P. Bendall son of Lucy E. Bendall during his natural life; and at his death to his children of they any there be; but if he be then dead, or afterwards die, without issue living at his death, then I give the same to his brothers and sisters then living and the issue of those who may have died leaving issue to them and their heirs forever.
Item. I emancipate all the slaves which I may own as my absolute property at my death and I require my executors to use give hundred dollars (which is hereby bequeathed to them for the purpose) out of any money of my estate in order to provide for the settlement of my said slaves. I hope they may be permitted to remain in Virginia and until that can be ascertained or till they be permanently settled, I desire that they may remain on my Round Oak plantation, or if any shall prefer to have their emancipation postponed, I desire that they be allowed to remain there during the life of my sisters and the survivor of them, and I give to my faithful and attentive servant Jack the carpenter my lot and houses on the east side of Walnut Street in Petersburg, nearly opposite the rail and depot, and I earnestly request that he may be allowed to remain in the state and reside on the lot as a free man.
Item. All the residue of my estate of every description including my residence West View in Chesterfield, a plantation in Prince George, and two in Sussex called Halls old ordinary and Tyres’s and all lands which I may hereafter acquire, I desire to be sold and hereby empower my exors so to do as to the real estate on a credit of one, two and three years taking bonds with sufficient surety and deeds of trust on the lands respectively to secure the purchase money. I direct the proceeds of sales and all other moneys which may accrue to my estate to be invested in stocks of the state government of VA or the government of the United States, and the investments to be renewed and continued as long as it can lawfully be done: I desire that one fourth of the annual interest and profits be paid to each of my sisters, Sally May, Martha Oliver and Nancy Adams, and the other fourth to my nephews Peterson J. Oliver & Oliver P. Bendall during their respective lives; and at the death of any one or more of them & direct that his her or their shares shall go to the survivors & survivor of them during his her or their natural life or lives; and after the death of the last survivor then, I give one third part of the stocks or funds aforesaid unto the children of Peterson J. Oliver then living and the descendants of any who may have died, leaving issue then living, but if there be no child or issue of P.J. Oliver, then living, in that case I give the same to the descendants of my niece Lucy E. Bendall who may be then living to them and their heirs forever. One other third I give to Oliver P. Bendall’s children who may be then living, and the issue of those who m ay have died leaving issue then living; but if there be no living issue of O.P. Bendall at his death then I give the same to the descendants of my nephew John G. Adams then living, and the other third part I give to my great nieces Susan P. Graves & Caroline Graves daughters of Susan and Robert Graves during their respective lives, that is one moiety to such during life, and after their deaths respectively I give the said moiety of each to her children and descendants and in case of the death of either or both without issue then living, I give her share, or both shares, as the case may be to the descendants of my niece Maria Moore, then living, to them and their heirs forever.
Item. Whenever provision is made for the issue or descendants of any person or persons herein, the shares of such issue are to be ascertained according to the law of descents in Virginia.
Item. I direct that my exors pay over to my sisters Sally May, Martha Oliver, & Nancy Adams the sum of seventy five dollars each (illegible) total for their immediate use as soon as it can be done after my decease.
Item. I desire that my executors shall superintend the education and bringing up of Oliver P. Bendall in a proper manner.
Lastly I appoint John Y Mason of Southampton and Isham E Hargrove of Dinwiddie my lawful executors of this my last will and testament. And in witness of all which I have hereunto set my hand and affixed my seal this 23rd day of April 1842.
Signed, sealed and published Thomas A. Oliver (seal)
is the last will of Tho. A. Oliver
before us, who attested the
same in his presence and
at his request
John Britton
Edwin James
H.B. Gaines
A Codicil to the last will of Thomas A. Oliver
I have not bequeathed my wearing apparel to any person in my will, but I think it best to do so.
Item 1st I give one half of my wearing apparel to my nephew Peter J. Oliver, and the other half I give to my servant Jack that I have set free, the carpenter.
Item 2nd I wish my gold watch that I wear to be sold, as my other property is directed to be sold, and the money to be put out on interest as my other monies are directed in my will.
Item 3rd My silver watch I give to Oliver P. Bendall.
Item 4th and lastly, I constitute and appoint John Y. Mason of the County of Southampton and Isham E. Hargrave of Dinwiddie County my lawful executors to my last will and testament and to this codicil, revoking all other persons. And I wish them to take charge of my estate as soon as convenient after my death, and further wish for them to be as liberal to my sisters as they can be allowed as executors.
Given under my hand and seal this 24th day of May 1842.
Signed, sealed and acknowledged Thomas A. Oliver (seal)
by Thomas A. Oliver before us
who witnessed it in his presents
and at his request
This codicil was written by Tho’s A. Oliver
A second codicil to my will…
Upon reflection I think it best to make some alteration. I loan to my sisters Sally May and Martha Oliver the following negroes to wit: namely Lewis, Isabel, Howard and Minerva and her two children namely Roseander and Sally Ann; those negroes are to live on the plantation on which my sisters now resides but not to be subject to be taken for any debt they may now owe, or contract after this time.
At the death either of my sisters the above slaves are to descend to the survivor as long as either shall live, and at the death of both, then the above slaves are to be sold and the money put as directed in my will.
I emancipate and set free the following slaves to wit: Mary and all of her children, namely Mary, Jack, William, Alexander, Jim, Richard and Lucy and all that she the said negro woman may have after this time.
I direct my executor to sell all the balance of my slaves and appropriate the money arising from the sale of said slaves as directed in my will.
I also wish exors to have my new house which is now being built, finished (called ? Hill) rented or leased together with the land in the west of the road, and attached thereto; and the proceeds paid out annually to my sisters Sally May and Martha Oliver.
I also wish and direct my executor to have my grave dug on the north side and near my mothers and walled in, in like manner with brick, and covered over with a marble slab. As witness my hand and seal this 21st December in the year of Lord one thousand eight hundred and forty three.
Signed & sealed in presence of Thomas A. Oliver (seal)
Frederick Tucker
Daniel H. Burge
William H. Brown
December 25th 1843
Dear Sir:
I am as low as I can be, and should I die I want you to have my will and two codicils proved. I wish you to take charge of my whole estate, and lot of to my wife what she is entitled to; under the law and the will. I have loaned to my sisters six negroes. I have set Mary and all her children free, the balance of negroes that come by me, I wish all sold, and the money arising for the sale, I wish put at interest as my will directs other monies to be put at interest. Oh Judge please comply with my request. There is no one that I am willing to leave my affairs with but you. I leave you my only executor. Farewell, Judge, Farewell.
Superscribed Tho’s A. Oliver
John F. May esquire per Jack
In Chesterfield County Court February 12th 1844
The last will and testament of Thomas A. Oliver deceased was proved by the oaths of John Britton and Edwin James, witnesses thereto, and is ordered to be recorded; together with two codicils to said will were produced and there being no subscribing witnesses to the same, John Britton, Edwin James, and E.A. Shands being sworn severally deposed that they are well acquainted with the handwriting of the said deceased and verily believe the said codicils and the names thereto subscribed to be wholly written by the testators own hand, whereupon the same were ordered to be recorded as codicils to the last will and testament of said Thomas A. Oliver deceased. And at a court held for said county the 11th day of March following, another codicil to the said will was produced in court and proved by the oaths of Daniel H. Burge and William H. Brown witnesses thereto and ordered to be recorded.
On the motion of John F. May executor in one of the said codicils named who made oath and entered into bond with security conditioned, as the law directs, a certificate is granted him for obtaining probate in due form of law.
Examined Teste,
L.W. Carter D.C.
Record Location
WB 16:140
Document Type
Last Will & Testament
Files
Collection
Citation
“1844 - Oliver to Mary - Chesterfield Co, VA,” Manumission Project, accessed January 22, 2025, https://manumissionproject.omeka.net/items/show/2100.