1862 - Smith to Selah Wilson - Winchester, VA
Manumission Item Data Item Type Metadata
Date
04/05/1862
Manumitter
Manumitted
Number of Persons
1
Text of Freedom Document
I Mary Ann Smith of Winchester Virginia being in feeble health, but of sound mind do make this my last will and testament viz.
1st I give all my property of every description to my sister Harriet H. Russell during her natural life, my property being chiefly in the form of stocks and bonds so that she can conveniently enjoy the use or interest, without trenching on the principal.
2nd At the death of Harriet, I direct that the sum of $1000 shall be paid to the Rev. A.A.H. Boyd, the present esteemed Pastor of the Loudoun Street Presbyterian Church in Winchester, or in the event of his removal from this place before the death of Harriet, I direct that said sum shall be paid to the person who shall then be the Pastor of said church or congregation. My wish and purpose is that the money shall be applied to the use and support of said church – the precise mode of applying it being left to the sound discretion of Dr. Boyd or the other legatee in case of his removal. And if there shall exist now or at the time of my death any legal objection or difficulty which might invalidate the bequest, as being one to a religious congregation not recognized by our laws and therefore not competent to take, in such case I make said bequest directly and personally to the said A.A. H Boyd if he remains in Winchester and the Pastor of said congregation – or in case of his removal before the death of my sister Harriet, then to the person who shall at such death be the Pastor of said church- being confident that the money will be used by them in compliance with my real intent and desire.
3rd I leave to the same persons in the same contingency $300 for the benefit of the Sabbath School of said congregation to be treated in like manner as a personal and direct bequest to avoid the difficulty above suggested.
4th I have a servant girl or woman a slave named Selah Wilson who has been dutiful and faithful. My sister Harriet shall receive her services during her (the said Harriet’s) life and I am sure will take care of her and treat her kindly. At the death of my sister I wish her to be free and direct my Executor to emancipate her if the laws of Virginia will then permit it, without requiring her to leave the state. If not, I direct that my nephew James B. Russell shall select such master or mistress for her, as in his opinion will be most agreeable to her and most likely to promote her comfort. And I bequeath to said James B. Russell the sum of $100 at the death of my sister Harriett to be employed by him in procuring from time to time such things as will make said servant comfortable whether bond or free. At the death of my sister Harriet, I direct the said James B. Russell to receive two quilts, two pairs of sheets, two pairs of pillow slips, one domestic blanket, my bureau, bedstead, mattress, and underbed, and use them for the comfort of said Selah Wilson.
5th Whatever may then remain of my estate at the death of Harriet, after satisfying these special bequests shall be divided equally among the children of my deceased brother Isaac Russell and of my brother W.G. Russell each family now numbering six. But I wish and direct that my nephew James B. Russell shall receive $100 more than an equal share. And in regard to the share of my niece Mary Elizabeth Gibson I leave it to James B. Russell as trustee for the sole and separate use of said Mary Elizabeth for her life, remained to her children.
If any of the said 12 children of Isaac and H.G. Russell shall die before my sister Harriet, leaving a child or children, the share of such deceased child shall go to his or her child or children. But if any of said 12 should die before Harriet leaving no child, then my said residuary property shall be divided among the survivors of the 12, with the provision as above stated in favor of James B. and in regard to the share of Mrs. Gibson.
6th I appoint my sister Harriet my sole Executrix and do not wish or require her to give any security or to have any appraisements – a simple inventory of my property for the guidance and convenience of those who may come after her being all that I deem necessary.
In testimony of which I have hereto affixed my hand and seal this 15th day of 1861.
Mary Ann Smith (seal)
Witnesses present
To Testatrix and to each other
D.W. Barton
GS Miller
Corporation of Winchester to wit:
At a court held for the Corporation aforesaid on Saturday the 5th day of April 1862. This last will and testament of Mrs. Mary Ann Smith was produced to the court and proved by the oaths of D.W. Barton and G.S. Miller subscribing witnesses thereto and ordered to be recorded. Harriet H. Russell the Executrix named in said will appeared in open court and on motion qualified as Executrix without security.
M Wilson Clk C.C.
1st I give all my property of every description to my sister Harriet H. Russell during her natural life, my property being chiefly in the form of stocks and bonds so that she can conveniently enjoy the use or interest, without trenching on the principal.
2nd At the death of Harriet, I direct that the sum of $1000 shall be paid to the Rev. A.A.H. Boyd, the present esteemed Pastor of the Loudoun Street Presbyterian Church in Winchester, or in the event of his removal from this place before the death of Harriet, I direct that said sum shall be paid to the person who shall then be the Pastor of said church or congregation. My wish and purpose is that the money shall be applied to the use and support of said church – the precise mode of applying it being left to the sound discretion of Dr. Boyd or the other legatee in case of his removal. And if there shall exist now or at the time of my death any legal objection or difficulty which might invalidate the bequest, as being one to a religious congregation not recognized by our laws and therefore not competent to take, in such case I make said bequest directly and personally to the said A.A. H Boyd if he remains in Winchester and the Pastor of said congregation – or in case of his removal before the death of my sister Harriet, then to the person who shall at such death be the Pastor of said church- being confident that the money will be used by them in compliance with my real intent and desire.
3rd I leave to the same persons in the same contingency $300 for the benefit of the Sabbath School of said congregation to be treated in like manner as a personal and direct bequest to avoid the difficulty above suggested.
4th I have a servant girl or woman a slave named Selah Wilson who has been dutiful and faithful. My sister Harriet shall receive her services during her (the said Harriet’s) life and I am sure will take care of her and treat her kindly. At the death of my sister I wish her to be free and direct my Executor to emancipate her if the laws of Virginia will then permit it, without requiring her to leave the state. If not, I direct that my nephew James B. Russell shall select such master or mistress for her, as in his opinion will be most agreeable to her and most likely to promote her comfort. And I bequeath to said James B. Russell the sum of $100 at the death of my sister Harriett to be employed by him in procuring from time to time such things as will make said servant comfortable whether bond or free. At the death of my sister Harriet, I direct the said James B. Russell to receive two quilts, two pairs of sheets, two pairs of pillow slips, one domestic blanket, my bureau, bedstead, mattress, and underbed, and use them for the comfort of said Selah Wilson.
5th Whatever may then remain of my estate at the death of Harriet, after satisfying these special bequests shall be divided equally among the children of my deceased brother Isaac Russell and of my brother W.G. Russell each family now numbering six. But I wish and direct that my nephew James B. Russell shall receive $100 more than an equal share. And in regard to the share of my niece Mary Elizabeth Gibson I leave it to James B. Russell as trustee for the sole and separate use of said Mary Elizabeth for her life, remained to her children.
If any of the said 12 children of Isaac and H.G. Russell shall die before my sister Harriet, leaving a child or children, the share of such deceased child shall go to his or her child or children. But if any of said 12 should die before Harriet leaving no child, then my said residuary property shall be divided among the survivors of the 12, with the provision as above stated in favor of James B. and in regard to the share of Mrs. Gibson.
6th I appoint my sister Harriet my sole Executrix and do not wish or require her to give any security or to have any appraisements – a simple inventory of my property for the guidance and convenience of those who may come after her being all that I deem necessary.
In testimony of which I have hereto affixed my hand and seal this 15th day of 1861.
Mary Ann Smith (seal)
Witnesses present
To Testatrix and to each other
D.W. Barton
GS Miller
Corporation of Winchester to wit:
At a court held for the Corporation aforesaid on Saturday the 5th day of April 1862. This last will and testament of Mrs. Mary Ann Smith was produced to the court and proved by the oaths of D.W. Barton and G.S. Miller subscribing witnesses thereto and ordered to be recorded. Harriet H. Russell the Executrix named in said will appeared in open court and on motion qualified as Executrix without security.
M Wilson Clk C.C.
Record Location
WB 2:249
Document Type
Last Will & Testament
Notes
unclear if manumission would have occurred prior to the conclusion of Civil War
Files
Collection
Citation
“1862 - Smith to Selah Wilson - Winchester, VA,” Manumission Project, accessed December 16, 2025, https://manumissionproject.omeka.net/items/show/2135.