1860 - Byrd to Gibson - Clarke Co, VA

Dublin Core

Title

1860 - Byrd to Gibson - Clarke Co, VA

Date

Manumission Item Data Item Type Metadata

Date

06/06/1860

Manumitter

Number of Persons

1

Text of Freedom Document

The last will and testament of Francis O. Byrd
Francis O. Byrd of Virginia but expecting in a short time to remove to the City of Baltimore, Maryland, of sound and disposing mind and memory do make my last will and testimony in manner and form following.
Item 1st Having already disposed of a large portion of my property by an instrument of writing dated or supposed to be dated the 30th day of August 1855, to which myself and wife are parties of the first part and my son-in-law Samuel G. Wyman is the part of the second part, by which among other provisions, certain annuities are provided to be paid successively to myself and wife and to my daughter Ann P. Byrd for our respective lives, in addition to the said annuity thereon and thereby provided to be paid to the latter from and after the death of myself and wife, or that of the survivor of us. I hereby bequeath to her my bank stock consisting of thirty five shares of the Bank of the Valley in Virginia, also the ground rents in the City of Philadelphia amounting annually to one hundred and eight dollars.
Item 2nd I bequeath all my bonds and notes held by me to be equally divided between my said daughter and her sister Mrs. Mary A. Wyman.
Item 3rd Whereas also I have by said instrument of 30th of August 1855 reserved the interest of property in my excellent and faithful servant George Gibson, alias George Potter, from and after the death of myself and wife or that of the survivor of us, it is my will that my said servant assume compensation for his good conduct and faithful services shall be set free and forever emancipated from slavery or involuntary servitude, and do hereby from that time so emancipate and set him free & it is also my will and particular request that if possible permission may be obtained from the public authorities of Virginia allowing said servant to reside in that state if he should wish to do so. I also request that my daughters will give him fifty dollars cash out of the income of the property herein devised to them.
Signed, sealed, published, and declared as and for my last will and testament this fifth day of September in the year 1855. The foregoing being wholly in my own handwriting.
Francis O. Byrd (seal)
Signed, sealed, declared, or acknowledged in our presence, each of us at the time being present by the Testator as his last will and testament, whereupon by his request and in his presence, we attest the same by signing our names hereto.
Margaret Byrd
Emily Fanster
Richard E. Byrd
Baltimore City SS on the 31st day of May 1860 came George H. Byrd and made oath on the holy evangel of Almighty God that he was well acquainted with Francis O. Byrd with his handwriting have often seen him write and sign his name, and that he verily believes that the signature annexed to this will is in the genuine handwriting of the Testator, the said Francis O. Byrd, and that he is acquainted with the three subscribing witnesses to the will, who are non-residents of this state. Sworn before the subscriber register of wills for Baltimore City.
Isaac P. Cook
Finding it necessary to add a codicil to my will, made the 5th September 1855, I therefore add the following items.
Item 1st I give and bequeath to my dear wife all the property I die possessed of both real and personal and mixed during her natural life.
Item 2nd I give and bequeath to my daughter Ann P. Byrd in addition to the stock I owe in the Bank of the Valley of the State of Viginia, consisting of 35 shares, the ground rents in the City of Philadelphia PA, amounting annually to one hundred and eight dollars, also the ten share of the Stock of the Corporation of the City of Baltimore, MD, 6 percent stock for 1890 or any other stock, money ground rent or property of any description I may hereafter own or die possessed of, also the furniture in the hose I now reside in, in the City of Baltimore MD, numbered 246 North Eutaw Street, also the pew I have in Emmanuel Church of said City to hold, possess and dispose of as she may direct by will or otherwise.
Item 3rd I give and bequeath to my said daughter Ann P. Byrd during her natural life all the rents and profits arising therefrom the house in which I now reside and also own to have and to hold during her said natural life. The house above specified in North Eutaw Street Baltimore MD number 246.
Item 4th I give and bequeath the reversion and fee simple of the same house specified in Item 3rd to my daughter Mary A. Wyman to have, hold and dispose of as she may think proper, of which she is to come in possession at the decease of her sister Ann P. Byrd. I give and bequeath the sword given me by the legislature of my native state, Virginia for my services in the War of 1812 to my son in law Samuel G. Wyman and my daughter Mary A. Wyman during their natural lives and afterwards to go to my nephew William Byrd now resident of Texas.
The servant Edward whom I left by bequest to William Byrd see in a former will I hereby confirm on the condition that he will never part with him but by manumission should he become so troublesome that he cannot keep him, I wish him returned to my estate. The money due me by Peter Cain for a part of the Oakley Farm formerly owned by me adjoining the land at that time owned by himself amounting to five hundred dollars with interest for several years I wish laid out in laity stock, or any other equally good or ground rents which I give with my other property to my wife, and at her death to my daughter Ann P. Byrd to have, hold and dispose of as she thinks proper.
Finally I leave to the care and protection of my son in law Samuel G. Wyman, my dear wife and daughter Ann, making it my dying request that he will extend to them the care and protection they may need, and I also appoint my nephew Alfred H. Byrd the Executor of this my last will and testament, this 17th day of April eighteen hundred and sixty.
Francis O. Byrd (seal)

Signed, sealed, published and declared by the said Francis O. Byrd as his last will and testament in the presence of us, who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
R.B. Latimer
E.W. Latimer
C.A. Dunnington

Baltimore City, Ss On the 30th day of May 1860 came Randolph B. Latimer, Elizabeth W. Latimer, and Catharine A. Dunnington, the three subscribing witnesses to the foregoing codicil to the last will and testament of Francis O. Byrd late of said City, deceased, and made oath on the Holy Evangel of Almighty God that they did see the Testator sign and seal this codicil, that they heard him publish, pronounce, and declared the same to be a codicil to his last will and testament, that at the time of his so doing he was to the best of their apprehensions of sound and disposing mind, memory, and understanding and that they subscribed their names as witnesses to this codicil in his presence at his request, and in the presence of each other. Sworn before the subscriber register of wills for Baltimore City.
Isaac P. Cook
Baltimore City S.S. On the 6th day of June 1860 came Samuel G. Wyman and made oath on the Holy Evangel of Almighty God that he doth not know of any will or codicil of Francis O. Byrd late of said City deceased other than the above instrument of writing and that he received the same from the family of the Testator on or above the 22nd day of May 1860. Sworn to before the Register of Wills for Baltimore City.
Isaac P. Cook
In testimony that the foregoing is a true copy taken from “Wills Liber JPC No 29 folio 263 &c” being one of records in the office of the Register of Wills for Baltimore City.
I hereunto subscribe my name and affix the seal of my office this first day of June in the year of our Lord eighteen hundred and sixty seven.
Teste, Isaac P. Cook
Register of Wills for Baltimore City

Maryland Set
I Joseph H. Audoun Chief Judge of the Orphans Court for Baltimore City in the State aforesaid do certify that the foregoing attestation of Isaac P. Cook Register of Wills for said City is in due form, ad by the proper officer, who is the custodian of the records and papers of the Orphans Court for Baltimore City and is now in office.
Given from under my hand at the City of Baltimore this first day of June in the year of our Lord one thousand eight hundred and sixty seven.
Joseph H. Audoun
Chief Judge of the Orphans
Court for Baltimore City
State of Maryland Baltimore City Set
I Isaac P. Cook Register of Wills for Baltimore City do hereby certify that the honorable Joseph H. Audoun by whom the above certificate was given and hast thereto subscribed his name was at the time of so doing Chief Judge of the Orphans Court for Baltimore City duly elected, commissioned, and qualified and is now in office.
In testimony whereof I hereunto subscribe my name and affix the seal of the said Cour this first day of June in the year of our Lord eighteen hundred and sixty seven.
Teste, Isaac P. Cook
Register of Wills for Baltimore City
Virginia
Clarke County Set
In the County Court July Term 1867
At a county court held for the said county at the Courthouse thereof on the 22nd day of July 1867. The foregoing being an authenticated copy of the will of Francis O. Byrd deceased from the Office of the Register of Wills of Baltimore City in the State of Maryland was produced to the court and ordered to be recorded. And on the motion of William Byrd who made oath as the law requires, and with Province McCormick, his securities entered into and acknowledged a bond in the penalty of $1600.00 with condition according to law, certificate is granted him for obtaining letters of administration with the will annexed of said Francis O. Byrd deceased in due form.
Teste, Lewis F. Glass C.C.


Record Location

WB E:397

Document Type

Last Will & Testament

Notes

appears Francis Byrd died in 1860, unclear when or if his will to free George Gibson was carried out prior to 1865. Further research needed to ascertain this information.

Files

Citation

“1860 - Byrd to Gibson - Clarke Co, VA,” Manumission Project, accessed March 8, 2026, https://manumissionproject.omeka.net/items/show/2252.