1804 - Colson to Tom, et al - Spotsylvania Co, VA

1804 - Colson to Tom, et al - Spotsylvania Co, VA

07/02/1805

3

In the name of God Amen. I Thomas Colson of the County of Spotsylvania and Parish of St. George being of sound and perfect memory do make and ordain this my last will and testament which is written with my own hand. Item I desire that all my debts be first paid if any I should owe at my death and whatever worldly goods it has pleased God to bestow on me I depose of in manner following. In the first place I desire that the following debts be collected as soon as possible after my death by my Executors hereafter named viz. Thomas R. Rootes, the Rev. Mr Stevenson, Charles Wardell, Robert Patton, Oliver Towles Jr, the estate of James Lewis and Fontaine Maury for Thomas Strachan the Rev. Mr Tolar, Mann Page Estate, the Estate of James Marye, Gray and Rubin Turner, Nathall Gordon, Wm Stanard, Henry Duerson, Collin and James Ross, Henry Stublefield estate, Wm. L. Stone, Jere Rawlins Senr., Hay Battaile, Richard Waring, Joseph Herndon Senr, Welch and Patton, the estate of Colo Wm. McWilliams attorney and Wm Frazers, James Duncanson estate guaranteed by Thomas Goodwin, John Brooks, Thos Miller of Goochland County assigned to me by Oliver Towles Jr., the debts due me from Col. Anthony Thornton, John Gayle, Joseph Bullock, George Shepard, Mr Garnett and the Rev. Ab. Waller. I give to John Herndon amounting in the whole to something more than three hundred pounds.
Item I give five hundred pounds out of the debts due me from Thos. R. Rootes to the male charity school in the town of Fredericksburg to be put into the hands of the trustees of the said school by my executors hereafter named to be held by them and their successors in all time forever hereafter and from time to time to substantiate and secure the same that the rate benefit thereof may be truly and advantageously be extended according to the object of my desire which is as followeth. The interest arising therefrom may be applied for the support and education of poor children residing as well in the county as in the town of Fredericksburg and to consist of such children without regard to performance or local partiality either in town or country as the trustees may deem proper objects on which learning shall be continuous and deemed proper and useful in a Christian country.
Item I give another five hundred pounds out of the said debt due me from the said Thos R. Rootes to be paid into the hands of the Trustees of the Protestant Episcopal Church in the town of Fredericksburg by my executors to be held by the said trustees and their successors in all time forever here after and from time to time so substantiate and secure the same as it may never be lost and that the interest arising from the said five hundred be given towards the support of such officiating clergyman or minister of St George Parrish and town of Fredericksburg and during his continuance in said parish as acting minister of the said Parrish.
Item I give my Iron chest to Edward Herndon son of Joseph Herndon.
Item I give my clock to John Steward the inspector.
Item I give to Thos Colson Massey the lot whereon Wm. Keaton now lives to be bought of the said Keaton by my executors if I should not by before my death. I also give unto the said Massey eighty five acres of land to be taken out of the land I bought of Henry Daingerfield on the west side of the river Ni by running a strait line on the back part of the said land from Henry Duerson line and mine to the road leading to Mrs. Daingerfield mill lying all along the said Keaton lot. I also give the said Thos Massey two cows & calves, my bay mare, one feather bead and furniture with 2 pair of sheets six chairs, 2 tables, one 3 feet the other 4 feet long, one pot and hooks, six knives & forks, 12 plates pewter, 2 dishes, six head of sheep and 10 head of hogs, these things is as much as I think he has a right to from me and it is all of my estate as I intend he shall have.
Item I give all the remainder part of the land I bought of Henry Daingerfield on the west side of the river Ni, also the 57 acres I bought of John Steward in all the appurtenances thereunto belonging the whole of which contain four hundred acres be the same more or less unto John Herndon and his wife Judith Herndon during their natural lives and at their deaths the said land to be sold and the money arising therefrom to be equally divided amongst all the said Judith Herndon's children, and that the said John Herndon shall not be at liberty to sell or dispose of the said land in no case whatsoever but it shall be a home for them during their lives.
Item I give my large silver tankard and all my silver buttons and rings to Bird Willis according to my promise.
Item I give the debt due me from William and Thomas Spindle to be equally divided between Fanney and Polly Steward daughters of John Steward.
Item I give six silver tablespoons and six tea spoons and pair of silver tongs and one silver cup to Elizabeth Moore.
Item I give my silver water to Margaret Haskell and all the rest of my plate to Elizabeth Haskell.
Item I give the debt due me from John Steward the Inspector unto his son John and provided he pay to my executors the sum of twenty five pound per year toward the maintenance of my old Negroes during their lives viz. Jack and is wife, Stepny and his wife, Bob and his wife, Jack and James and his wife but as some of those slaves is able to do some work they will want but small help but as the aforesaid sum of twenty five perhaps may not be enough to maintain them I desire that the rents of Wm McCloud, James Pritchett, and Rawlins Pulliam be added thereto and also the interest of the debt due me from James Long and should there be more than a surplus for their maintenance I desire that the overplus if any be given to Judith Herndon for her own use and after the death of the aforesaid old negroes I desire that the several tracts of land be sold and the money due from James Long be divided as I shall hereafter direct.
Item I give my boy Jack that I had from Godlove Haskell to his son Thomas Haskell according to my promise.

Item I give Godlove Haskell all the debt he owes me provided he pay Ann Piles the sum of twenty five pounds yearly for the term of seven years after my death.
Item I give my negro girl Nelley and her increase to Elizabeth Haskell.
Item I give negro girl Luce to Elizabeth Massey.
Item I give my negro girl Judy to Caroline Haskell and her future increase.
Item I give negro girl Mary to Maria Haskell and her future increase.
Item I desire that my wench Rachel and her husband Tom be set free by my executors.
Item I give the land that Ruben Mitchell now lives on containing 331 acres to Thomas Steward son of John Steward.
Item I give the bead that I lie in, bedstead, curtains, the best quilt I have, one white counter pin, a pair of blankets and 2 pair of sheets unto Judith Herndon.
Item I give a bed and furniture to Elizabeth Massey.
Item I give my new desk to Judith Herndon.
Item I give my chest of drawers to Sarah Herndon daughter of John Herndon.
Item I give my boy Edmond to Davis Massey.
Item I give my boy John Gilpin to Charles Haskell also my boy Carter to George Haskell.
Item I give my girl Winney to the first child Elizabeth Moore may have of a daughter, but if a son I give him my boy Valatain in the [illegible] room.
Item I desire that my man Frederick be set free by my executors.
I give to my friend Edward Herndon two of my mules.
I also give to Wm Waller two mules I also give the other one to Thos Massey.
Item I give my horse called Seba and my [illegible] and harness to Judith Herndon.
Item I desire that all the rest of my stock of all kind, also all my household furniture and all my kitchen furniture together with the lands I now live on lying on both sides of the river Ni and containing sixteen hundred and five acres the land sold all together in possession at the discretion of my executors on two years credit, the stock and furniture on one year credit, but I desire that my executors make this reserve that my old Negroes before mentioned be allowed to live in their present houses so long as they may live if they please and have tract [illegible] and should any of them live so long as their houses is not fit for them to live in that case my executors to have liberty to take logs and slabs of the land to build them new ones.
Item It is my desire that all my slaves, those before mentioned excepted, be sold either for ready money or on credit at the discretion of my executors and the money arising therefrom and the money arising from my land, household and kitchen furniture and stock together with any money that may be owed me that I have not mentioned be divided in the manner following Viz one share to Charles Hampton, one share to the children of Mary Beamey, one share to the children of Margret Haskell, one share to the children of Joseph Hampton, one share to the children of George Hampton. One share to the children of Thos Hampton deceased, one share to the children of Ann Piles, one share to the children of Judith Herndon, one share to the children of Sarah Hollowday, one share to the children of Ibe Sower, one share to be equally divided amongst the children of my dearest niece Helms and the children of my niece Hammond. One share to the children of my niece Pollard. One share to the children of George Beallar, one share to the children of Charles Beallar one share to the children of Joseph Beallar, one shair to the children of Frederick Beallar, one share to the children Sarah Davis which she had by her first husband Thos Massey, except her son Thos Colson Massey whence I have already provided for and as it is very troublesome to me to be making of will it is my desire that should I acquire any other property before my death that that with my stock in the bank may be equally divided amongst the above named legatees.
Item I give to my friend Edward Herndon the debt he owes me by bond as a full compensation for his executing, this my will.
Item I give unto Wm Waller, the debt Wm [illegible] owes me as a full compensation for his executing this my will.
Item it is my desire that my estate be not be appraised only my executors return an inventory of the same to the Court.
Item it is my desire that the Court do not require any security of my executors hereafter named for executing this my will.
And lastly I do appoint my friends Edward Herndon son of Joseph Herndon and William Waller executors to this my last will and testament. In witness whereof I have hereunto set my hand and affixed my seal this sixth day of December eighteen and four.
Signed sealed and acknowledged Tho’s Colson (seal)
in the presence of
The several words interlined was done before signing

A Codicil to this my will. I desire that ten pounds be given to each of my sisters if alive to by [?morning?] also ten pounds to Sarah Davis for the same purpose of any money I may have in the house and as there are several debts due me not already mentioned I desire that they be applied as above directed viz James Smock, Wm Jones Walker you and several open accounts. Given under my hand this 6th day of December 1804.
Tho’s Colson
A codicil made to this my last will and testament on the eighth day of May one thousand eight hundred and five. Item my will and desire is that my debtors shall have one year after my death before the several debts due me shall be demanded unless my executors see cause to the contrary.
Item I hereby revoke the gift to Thomas Colson Massey of the eighty five acres of land an in lieu thereof give him sixty acres part thereof, also forty three acres part of Hulettts lease which together with Keatons lot will make about two hundred and three acres according to a survey made by John M. Herndon. I also give to the said Massey a yoke of oxen and a new cart to be made complete.
Item I give to my much esteemed friend Joseph Herndon the debt which he owes me which I beg he will accept as a mark of my friendship for him.
Item I give to my good friend the Rev. Mr. Stevenson the balance of his bond due to me for a chariot amounting to about sixty pounds which I hope be will accept as a token of my regard for him.
Item my will is that my executors convey to Henry Duerson eleven and a half acres of land surveyed by John M Herndon and that the said Duerson shall pay for it thirty four pounds ten shillings which is to be paid to John Herndon in corn at the Fredericksburg market price on or before the first day of January one thousand eight hundred and six.
Item I give to John Herndon two of my mules, fifty barrels of corn out of my present crop also ten fat hogs which shall weight fifteen hundred weight.
Item my will and desire is that all the Negroes which John Herndon now has in his possession belonging to me shall at his and his wife's death be equally divided amongst his children and the legal representatives of such of them as may be dead and such of my Negroes as he has sold, I hereby relinquish all claims to.
Item it is my desire that my executors layout one hundred or one hundred and fifty dollars as they may think fit in building a barn and stable upon the land given to John Herndon and Judith his wife.
Item I hereby revoke the gift to Edward Herndon and William Waller of two mules each.
Item I give to Godlove Haskell the debt which he owes me and he is not to pay Ann Piles any thing.
Item I give to Ann Piles twenty five pounds a year for the space of seven years to be paid on the first day of November in every year out of any money belonging to my estate.
Item I give to Edward Herndon and William Waller each one mule.
Item it is possible that I have not provided a sufficient fund for the support of my old Negroes I therefore consign them over to the care of my executors who are hereby fully authorized to rent or buy land for them to live upon out of any money belonging to my estate and I trust they will take particular care of them.
Item in dividing my estate the children of the several persons named in my will to be entitled to distribution shall be understood to include all the children as well those that may be in being at the time of my death as those that may be born after and should any of them be dead having issue they shall take the part that would of fallen to their parent.
Item should any doubt arise respecting the construction of any clause in this or the former part of my will then and in that case my executors are hereby directed to take the opinion in writing of some attorney at law whose opinion shall be binding on all persons concerned and should any legatee refuse to stand to and abide by such opinion and shall presume to bring suit for the recovery of more than may be stated to be due to him by such opinion, or if any of them should sell or barter away their claim upon my estate that such legatee or legatees so bringing suit or selling or bartering shall forfeit all claims whatever to any part of my estate, and my will is that their part shall go and be divided amongst the rest.
And as there will be a great many legatees some of which will be unknown to my executors, my will and desire is that before they demand their portion of my estate that they shall produce to my executors (provided they require it) a certificate from the Court of the County wherein they were born or live that they are one of the children of some one of the persons amongst whose children distribution is to be made. In witness whereof I have hereunto set my hand and affixed my seal the day and year first afore written.
Signed sealed and published Thomas Colson (seal)
In the presence of
Garrit Minor
Joseph Herndon Jun.
Stapleton Crutchfield
Dabney Herndon
The words [illegible] and sell was interlined before signed

At a Court held for Spotsylvania County the 2nd day of July 1805. The last will and testament of Thomas Colson was produced in court by Edward Herndon & William Waller the executors therein named and there being no witnesses to the same and it appearing to the satisfaction of the court that the said will and first codicil thereto were wholly written by the testator and the second codicil thereto annexed being proved by the oaths of Joseph Herndon Jr and Stapleton Crutchfield two of the witnesses thereto, the said will and codicils are admitted to record. And on the motion of the said executors who made oaths thereto and entered into bonds in the penalty of two hundred thousand dollars conditioned as the law directs certificate is granted them for obtaining probate thereof in due form.
Teste Robert L Chew CSC

WB G:87

Last Will & Testament

These three individuals are named to be freed in Deed Book R:36