1840 - Mason to Harry - Sussex Co, VA
Manumission Item Data Item Type Metadata
Date
04/02/1840
Manumitter
Manumitted
Text of Freedom Document
I Joseph Mason of the County of Sussex do make and ordain this my last will and testament in manner following viz.
Imprimis It is my will and desire that all my just debts be paid and to that purpose I subject my estate of every kind and quality having kept for nearly thirty years exact accounts of all my procuring transactions, it is my desire that all claims against me not found stated on my books or among my papers may be put to strict legal proof.
Item It is my will and desire that my negroes Simon and harry may not be sold so long as there be any other property belonging to my estate and that Harry be not sold by my executor at all & if he must be sold let the law and the officer sell but only for payment of my debts.
Item It is my will and desire that my wife be endowed with one third part of my estate according to law.
Item It is my will and desire that my estate be equally divided among my five children Josephine, Joseph William, Sarah, Elizabeth and Lucy Ann after the payment of my just debts.
Lastly I constitute and appoint my brother Seth Mason, my friend Littleton Lanier and my friend John W Land executors of this my last will and testament earnestly hoping that one or more or all of them will qualify and act until my son Joseph W shall arrive at age which will be on 28 September 1836 and when my said son shall arrive at age I hereby appoint him sole Executor of this my last will and testament which is written throughout by my own hand and signed and sealed this 24th February eighteen hundred and thirty three.
Joseph Mason (seal)
My son Joseph William is now arrived of full age. I therefore appoint my aforesaid son sole executor to this my last will and testament above written and also guardian to my daughters Sarah, Elizabeth and Lucy Ann and for these purposes I have added this codicil or addition and alteration of my will as above this twenty ninth day of September eighteen hundred and thirty six 1836.
It is my will and desire that the additional writing may be taken and considered as a part of my last will and testament viz. I appoint my son Joseph W Mason my sole executor to my estate and guardian to my minor children until they shall arrive at the age of twenty one years.
Item I earnestly desire that my property may not be divided among my wife and children according to the provision of my last will and testament before referred to until the expiration of six years from this date.
Item I hereby discharge and empower my son and executor Joseph W Mason before named to compromise by reference award arbitration or in any way which his discretion and advice of counsel may approve any or all suits or other matters of litigation at this time depending and undetermined or which may at any time hereafter arise out of any fiduciary or other trust which I may at any time have held and exercised.
Item I desire that my estate be kept together for the maintenance and support of my wife and children during the said six years. I desire that my carpenters and bricklayers be worked together as they have been during the said term of six years, but with liberty to my wife and to each of my children who shall be of full age to have his her or their share laid off and assigned to him or her separately according to law and according to their rights and interest set forth in my original will.
Item At the expiration of six years from the date hereof I give to my mulatto man Harry his full entire and perfect freedom so far and under such conditions as the laws of the State of Virginia allow. I authorize and empower my son and executor to make to Harry a deed of full and free emancipation whenever he shall or may claim or demand it after the expiration of the said period of six years.
Item I also give and bequeath to Harry five hundred dollars to be paid at the time he shall claim his deed of emancipation without interest however previous to the expiration of that period. If Harry shall refuse to accept or claim his freedom preferring rather to continue in his native state in slavery, then I desire that he be allowed the liberty of choosing his master or mistress among my wife and children and he shall belong to my wife or such child according to his choice and his value make a part of the share of my wife or child in the division of my estate.
Lastly I declare this writing along with that before referred to both written wholly in my own hand and duly signed and published to make and constitute my true last will and testament. Witness my hand and seal this sixth day of November eighteen hundred and thirty seven.
Joseph Mason (seal)
At a court held for Sussex County the 2nd day of April 1840
A writing purporting to be the last will and testament of Joseph Mason now deceased with a codicil thereto annexed was presented into court and there being no subscribing witnesses thereto, William Harrison Sen., William H Cotton, and Littleton Lanier were sworn and examined who severally deposed that they are well acquainted with the hand writing of the said Joseph Mason and verily believed that the whole of the said writing is in his own proper hand. Therefore the court doth order the same to be recorded as the last will and testament of the said Joseph Mason Sen deceased. And on the motion of Joseph W Mason the executor therein named, who made oath and entered into bond with security according to law, certificate is granted him for obtaining a probate thereof in due form.
Teste, L Lanier CC
Imprimis It is my will and desire that all my just debts be paid and to that purpose I subject my estate of every kind and quality having kept for nearly thirty years exact accounts of all my procuring transactions, it is my desire that all claims against me not found stated on my books or among my papers may be put to strict legal proof.
Item It is my will and desire that my negroes Simon and harry may not be sold so long as there be any other property belonging to my estate and that Harry be not sold by my executor at all & if he must be sold let the law and the officer sell but only for payment of my debts.
Item It is my will and desire that my wife be endowed with one third part of my estate according to law.
Item It is my will and desire that my estate be equally divided among my five children Josephine, Joseph William, Sarah, Elizabeth and Lucy Ann after the payment of my just debts.
Lastly I constitute and appoint my brother Seth Mason, my friend Littleton Lanier and my friend John W Land executors of this my last will and testament earnestly hoping that one or more or all of them will qualify and act until my son Joseph W shall arrive at age which will be on 28 September 1836 and when my said son shall arrive at age I hereby appoint him sole Executor of this my last will and testament which is written throughout by my own hand and signed and sealed this 24th February eighteen hundred and thirty three.
Joseph Mason (seal)
My son Joseph William is now arrived of full age. I therefore appoint my aforesaid son sole executor to this my last will and testament above written and also guardian to my daughters Sarah, Elizabeth and Lucy Ann and for these purposes I have added this codicil or addition and alteration of my will as above this twenty ninth day of September eighteen hundred and thirty six 1836.
It is my will and desire that the additional writing may be taken and considered as a part of my last will and testament viz. I appoint my son Joseph W Mason my sole executor to my estate and guardian to my minor children until they shall arrive at the age of twenty one years.
Item I earnestly desire that my property may not be divided among my wife and children according to the provision of my last will and testament before referred to until the expiration of six years from this date.
Item I hereby discharge and empower my son and executor Joseph W Mason before named to compromise by reference award arbitration or in any way which his discretion and advice of counsel may approve any or all suits or other matters of litigation at this time depending and undetermined or which may at any time hereafter arise out of any fiduciary or other trust which I may at any time have held and exercised.
Item I desire that my estate be kept together for the maintenance and support of my wife and children during the said six years. I desire that my carpenters and bricklayers be worked together as they have been during the said term of six years, but with liberty to my wife and to each of my children who shall be of full age to have his her or their share laid off and assigned to him or her separately according to law and according to their rights and interest set forth in my original will.
Item At the expiration of six years from the date hereof I give to my mulatto man Harry his full entire and perfect freedom so far and under such conditions as the laws of the State of Virginia allow. I authorize and empower my son and executor to make to Harry a deed of full and free emancipation whenever he shall or may claim or demand it after the expiration of the said period of six years.
Item I also give and bequeath to Harry five hundred dollars to be paid at the time he shall claim his deed of emancipation without interest however previous to the expiration of that period. If Harry shall refuse to accept or claim his freedom preferring rather to continue in his native state in slavery, then I desire that he be allowed the liberty of choosing his master or mistress among my wife and children and he shall belong to my wife or such child according to his choice and his value make a part of the share of my wife or child in the division of my estate.
Lastly I declare this writing along with that before referred to both written wholly in my own hand and duly signed and published to make and constitute my true last will and testament. Witness my hand and seal this sixth day of November eighteen hundred and thirty seven.
Joseph Mason (seal)
At a court held for Sussex County the 2nd day of April 1840
A writing purporting to be the last will and testament of Joseph Mason now deceased with a codicil thereto annexed was presented into court and there being no subscribing witnesses thereto, William Harrison Sen., William H Cotton, and Littleton Lanier were sworn and examined who severally deposed that they are well acquainted with the hand writing of the said Joseph Mason and verily believed that the whole of the said writing is in his own proper hand. Therefore the court doth order the same to be recorded as the last will and testament of the said Joseph Mason Sen deceased. And on the motion of Joseph W Mason the executor therein named, who made oath and entered into bond with security according to law, certificate is granted him for obtaining a probate thereof in due form.
Teste, L Lanier CC
Record Location
WB N:255
Document Type
Last Will & Testament
Files
Collection
Citation
“1840 - Mason to Harry - Sussex Co, VA,” Manumission Project, accessed January 14, 2026, https://manumissionproject.omeka.net/items/show/2369.