1806 - Leeth to Sarah - Shenandoah Co, VA

1806 - Leeth to Sarah - Shenandoah Co, VA

10/13/1806

1

I James Leeth of the County of Shenandoah and State of Virginia do hereby make, constitute and appoint this instrument of writing my last will and testament in manner and form following, that is to say first my will and desire is that all my just debts and funeral expenses be first paid and satisfied.
Secondly, my will and desire is that the present crop of small grain, and corn that is now growing be appropriated to the payment of my debts, reserving to my wife and my son George a sufficient quantity of the crop for the support of their families, but should the present crop be insufficient for the payment of my debts, then in that case the balance of my debts to be made up out of any part of my moveable property, not otherwise devised, the slaves excepted in payment of debts of any kind, and to be disposed of as hereafter mentioned and the balance of my moveable property if any there be, after the payment of my debts, negroes excepted, shall be equally divided between my wife Lydia and my four children to wit George Leeth, Polly Ferree, Hannah Overall and Nancy Leeth, reserving out the above property for the use of my wife and family, two cows & calves and meat sufficient for their use for the ensuing season to be taken out before the division as aforesaid shall take place likewise one feather bed and furniture which my wife may choose.
Thirdly, my will and desire is that my son George Leeth after my decease shall be possessed and have all my lands that I now hold or may be entitled unto hereafter in any manner whatsoever, but reserving to my wife Lydia Leeth the third part of the said lands during her widowhood together with the mansion house and one half of the barn.
Further my will and desire is that my wife Lydia shall have and possess my negro woman Sarah during her widowhood and if my wife should die before my daughter Nancy should arrive to the age of eighteen years, then in that case my daughter Nancy shall be possessed of her the said negro Sarah until she the said Nancy shall arrive to the age of eighteen years and then the said negro Sarah shall be set free.
Further my will and desire is that my daughter Nancy shall have the youngest child of the said negro Sarah now in being by the name of Lucy to her and her heirs forever, and should the said Sarah have another child, my daughter Nancy is to have that also provided she should have it before she is free as above stated.
My further will and desire is that my daughter Polly Ferree shall have my mulatto boy named Dick to her and her heirs forever.
And further my will and desire is that my son George shall have my two negro boys Jo or Joseph and Soloman to him & his heirs forever with paying to Hannah Overall all the price of one of them, to be ascertained by two or three disinterested persons.
And lastly I do hereby nominate and appoint my son George Leeth executor to this my last will and testament hereby revoking all former wills by me heretofore made. In witness whereof I the said James Leeth have hereunto set my hand this the tenth day of July in the year of our Lord one thousand eight hundred and six
and in the presence of James Leeth
Jeremiah McKay
William McKay
Abraham Odell

At a court held for the County of Shenandoah on Monday October 13th 1806.
This last will and testament of James Leeth dec’d was exhibited to the court and proved by the oaths of Jeremiah McKay, William McKay & Abraham Odell & ordered to be recorded, and on motion of George Leeth, the executor in the will mentioned, a probate is granted him in due form, he having entered into bond with Edwin Young his security in the penalty of three thousand dollars conditioned as the law directs.
Teste, P. Williams C.S.C.

WB F:480

Last Will & Testament