1806 - Yates to John, et al - Spotsylvania Co, VA
Manumission Item Data Item Type Metadata
Date
02/06/1809
Manumitter
Number of Persons
8
Text of Freedom Document
In the name of God Amen. I Charles Yates of the County of Spotsylvania in the State of Virginia knowing that it is allotted for all men to die, do hereby make and ordain this my last will and testament in manner and form following, hereby revoking all other wills by me heretofore made.
First, I recommend my soul to God in hope of its being received through the merits, mediation and intercession of our blessed Lord and Savior Jesus Christ. My body I commit to the Earth.
Secondly, I devise to John Yates, son of my brother John Orfeur Yates, and to his heirs forever all my lands and real estate in the State of Virginia, subject to and charged with the payment of such and so much of the twelve legacies next following this devise as may not be discharged or extinguished by offsets through payments or advancements in my life time in the manner herein after mentioned; and also with the annuities in favor of Joice and Alice. And in order to make the said charge, affectual, my executor in Virginia, herein after discharged is hereby authorized and requested in case such and so much of the said twelve legacies as may remain undischarged & unextinguished, at my death be not fully paid, within 2 years thereafter to raise necessary sums for the payment of the same by sale of so much of the said lands, and real estate as may be necessary for that purpose, at public sale, upon reasonable previous notice as the time and place of such sale and to apply the money so raised accordingly.
Thirdly, I give and bequeath the following 12 legacies all of which with the annuities to Joice and Alice, and charged upon & to be paid exclusively out of the real estate herein before devised to John Yates. That is to say to the trustees of the Fredericksburg Charity School for Educating Poor Boys 2000 two thousand dollars.
2. To my god son Charles Jewell one thousand dollars. 1,000
3. To my god daughter Christian Yates Day one thousand dollars 1,000
4. To Mr. William Payne, Mr. George Payne, Mr. Richard Payne, and Mr. John Payne nephews of Mr. Daniel Payne deceased one thousand dollars each 4,000
5. To such of the children of Saunders Morris by his present wife niece of the same Daniel Payne, as may be living at the time of the payment (whether born before or after my death) and to the representatives of such children of the same Saunders Morris by his same present wife as may then have died, whether born before or after my death one thousand dollars to be divided among them equally per stripes all the representatives of such deceased child taking his or her share and not each representative taking Ch’s Yates an equal share with surviving child. 8,000 1,000
6. To the children of John Kelly by his former wife niece of said Daniel Payne and to their representatives per stripes, according to the rule deferred at large in the last bequest and to be in like manner divided one thousand dollars. 1,000
7. To the children of John Scott by his present wife daughter, daughter of the same William Payne whether born before or after my death, and their representatives per stripes, according to the rule defined at large, as aforesaid, and to be in like manner divided one thousand dollars. 1,000
8. To Daniel Payne son of Wm Payne, as above mentioned one thousand dollars. 1,000
9. To Benjamin Wittshire, the elder, my overseer in Jefferson County five hundred dollars 500
10. To [?Joalbelle?] Heslop widow of Isaac Heslop five hundred dollars 500
11. To Philip Terrier, lately my servant on River Lott no 2 five hundred dollars 500
12. To Aminadab Booker, my non hired servant five hundred dollars 500
Fourthly, It is to be distinctly understood that any claims that I may have against any of my legatees are not to be extinguished, impaired or affected by a bequest herein to him, her, or thing, but mutual payments of such debts and legacies shall be avoided by setting of the one against the other as far as the lesser sum may go and the legacies to Daniel Payne and the children of John Scott having been indexed from a consideration of their connection, by blood with William Payne, the same legacies together with the legacees of one thousand dollars to the same William Payne are to be charged with a set off by whatever hath been or hereafter may be advanced to the said William Payne.
Fifthly. I do direct that my said nephew John Yates do pay sixty dollars annually from my death to my woman Joice during her life and in case my woman also survive her then to pay to Alice from the death of the said Joice during the life of the said Alice the same sixty dollars annually. These being the provisions with which I have charged the real estate devised to the said John Yates aforesaid.
Sixthly. I likewise bequeath to the said John Yates son of my before mentioned brother and to his executors, administrators and assigns all the wagons, carts, harnesses, horses, mules, stock, plantation utensils, furniture, provender and crops which may be on my plantations at the time of my death, together with my garden utensils & tools in town, but the plantations which may be under overseers at my death together with the slaves thereon and all the wagons, carts, harness, horses, mules, stock, plantation utensils, furniture, provender & crops which may be so on my plantations are to remain in the same management & under the same use & care that they may severally be in at the time of my death until the thirteenth day of November next ensuing that event at which period, my engagement with my overseers on the before mentioned plantations for the year in which I may happen to die.
Seventhly I also bequeath to my said nephew John Yates and his representatives forever all my silver plate, my gold watch, my plain gold ring, which was the wedding ring of my grand mother Yates, all the books, furniture, & property in his possession, my gold ring with my coat of arms, engraved on a cornelian, and one half in value of my printed books, in town to be appertained by such person or persons as he my Executor in Virginia may agree on.
Eighthly I desire Maj’r Benjami Day my Executor in Virginia to accept of and retain to himself forever, moiety of my printed books in town, my coaches & harness, my silver watch & my gold sleeved buttons, with my cypher engraved on them in addition to the other provision made for him in my will.
Ninthly I bequeath to William Payne nephew of the same Daniel Payne all my interest in the outstanding debts to Payne, Moore & Company now due with the books and papers relative thereto; with liberty given to the said William Payne to use the name of my executor in Virginia in the recovery of any of the same debts provided the said William Payne shall secure him against the burden of any cost.
Tenthly I desire that my executor in Virginia will retain in his hands as a compensation for his trouble in the transaction of business, in his character of Executor, and in lieu of all legal commission at the rate of 15 percent on all sums to be collected.
Eleventhly I desire my said executor in Virginia to depose of in the manner he may think best all the rest and residue of my property in Virginia not herein before directed and bequeathed, the negroes excepted, & after reserving what may be necessary for paying my funeral charges, my debts and his commissions to remit the balance of the proceeds with what ever money he may collect to the Reverend Richard Mathews or his successor in office of executor & trustee in England according to the future instructions of this will to be created.
Twelfthly The faithful services of, and my attachment to my slaves, John, Dick and Bett with her children (all of whom are descendants of Lydia now deceased) Harry, Turner, Isaac and David, the issue of Fanny now deceased, James the son of Sylvia now deceased, and the children of the said James by Eve the daughter of Cate require some remembrance. I desire such of them as may be of the age of twenty four years or upwards at the time of my decease together with the before mentioned Joice to receive from my said Executor in Virginia their emancipation forthwith and immediately after my decease unless some of them, other than the said Joice should be at the time of my death engaged in a crop in which case, such of them as shall be so engaged in the same shall be continued in slavery as long as may be necessary for the security of such crop, and no longer and such of them the said slaves named and described in this present paragraph, as may be under the age of 24 years at the time of my death, I desire may be continued in slavery until they severally attain that age, and so long as their after as the security of any crop they may be engaged in may render necessary their services therein limiting the same necessary continuance nevertheless to the 1st November next following the attainment of such age as 24 years and after continuing where engaged in crops to the limited time they are in like manner to be emancipated by my said executor and the word children in this paragraph is declared to comprehend, such as are now born as well as such as may hereafter be born. The issue of the female children mentioned in this paragraph born before my death are to be considered as in the same predicament of title to freedom that their mothers may be in, under the will, to serve a like time and then to be free. Such as may be born of the said female children after my death to be free whenever their mothers shall be emancipated. James Jackson and Frank my house servants are to be emancipated on giving security not to be chargeable.
Thirteenthly All the rest of my slaves not mentioned or described in the last paragraph I desire may be continued in slavery, all of whom I bequeath to the said John Yates, son of my brother Orfeur and to his executors, administrators and assigns forever. I also bequeath to the same John Yates such of my negroes, as are willed to temporary slavery or until the attainment of their age of 24 years respectively for such time, as they me be subject under the limits of their emancipation to slavery to be delivered by my executor in Virginia, such of them as are not engaged in a crop or under an overseer immediately, and such of them as are so engaged on the 30th day of November next after my death until which time such of slaves subject to permanent slavery as may be engaged in a crop or under an overseer, shall remain on the plantations to make the crops provided nevertheless that the negroes, subject to temporary slavery shall not be delivered until the said John Yates or his representatives as the case may be shall give my said Executor in Virginia, his or their bond or the obligation of some person sufficiently responsible in a penalty to be fixed by my executor in Virginia conditioned that he or they will not directly or indirectly obstruct the executor of the emancipation of such of the slaves so to be delivered as are willed to temporary slavery, after the periods, limited for its continuance shall arise, either by holding them longer himself or themselves only conveying them without the limits of this state, or by any other ways or means whatsoever, and in case the bond or obligation aforesaid shall not be given with in and reasonable time after my death, to be judged of by my said executor in Virginia he is required to heir the said slaves, so willed to temporary slavery, out annually until the end of the year next after their several terms of slavery expire & the said heirs he is to pay to the said John Yates and his representatives. In case the law should not admit of the emancipation of slaves, all my negroes are to go unconditionally to the said John Yates, son of my brother Orfeur.
Fourteenthly I desire unto the before mentioned Richard Mathews of Wigton in the County of Cumberland and in the kingdom of Great Britain, and to his heirs and assigns forever in pure and absolute fee simple and perpetual right, all my real estate in the County of Cumberland aforesaid consisting of land in the Parish of West Newton which I bought of Francis Irwin and possessions in Wigton devised to me by my aunt Catharine Orfeur. Likewise I bequeath to the same Richard Mathews and to his Executors, administrators and assigns forever one full third part of my four percent bank stock in the bank stock of England with part of any interest due on the entire stock.
Fifteenthly Likewise I devise and bequeath to the same Richard Mathews the money herein before directed to be remitted by my Executor in Virginia one third part of which said money is for his own proper use and behalf forever and the other two thirds in trust to be by him equally divided between my nieces Jane Mathews and Mary Mathews and their representatives forever.
Sixteenthly I desire and bequeath unto each of my said nieces Jane Mathews and Mary Mathews one third part of my four percent stock in the bank of England with one third each of the interest due on the whole of the said stock.
Seventeenthly I give and bequeath unto my niece Mary Yates two fifths of my mortgage on her fathers estate at Skipwith and five hundred pounds South Sea annuity to be paid to her by my Executor in England and the other three fifths of the said mortgage with all interest thereon I relinquish to her said father.
Eighteenthly It is to be distinctly understood that no devise or legacy herein before mentioned shall fail or become extinct by reason of any death either before or after my own but in every instance the legacy or devise shall go to the legal representative or representatives of the dying legatee, or devises and to the representatives of such representatives my intention having in no devise or legacy been to confine the same to the life of the devise or legatee & in the instance in which I have given legacies to minors, they are to be paid to their parents or guardians upon their giving bond and security to my executor in Virginia, to account for and to pay the same to the legatees on their attaining their respective ages.
Nineteenthly My trustee and executor in England is empowered to transmit his trust and executorship by appointment of a successor in England to those offices by his last will and testament in default of such appointment, or on failure of the person appointed to act or the death of such successor before the purposes of the trust are complicated, those entitled to the beneficial interest under that trust shall act as to their several interests and parts as the said trustee & executor in England is by this will authorized to act and as they might have acted if the same interest had been directly devised or bequeathed to them.
Twenteenthly The confidence which I have in the integrity of Benjamin Day, executor in Virginia induces me to will a dispensation with the legal requisite of an appraisement of my estate and I do hereby as far as I may have right uncontrolled by law direct that he shall not be put to the trouble of an appraisement.
Lastly I appoint my aforesaid nephew the Reverend Richard Mathews of Wigton my sole executor in England and my sole residuary legatee and devisee and I appoint the same before mentioned Benjamin Day my sole Executor in Virginia.
In witness this my last will and testament contained on this and the eleven preceding pages I set my hand and seal to wit my hand to the bottom of this & each of the eleven preceding pages, and my hand and seal to the present leaf and [illegible] and my seal on the ribbon tying the six preceding leaves with this present sheet this [blank] day of [blank] Anno Domini one thousand eight hundred and six.
The writing continued on this and the twelve preceding pages was signed and sealed by the above named Charles Yates and by him published and declared as and for his last will and testament in the presence of us who have hereunto subscribed our names as witness thereto in his presence of each other. The names & interlineations following having been made before the exception to wit:
Erasures
In page 1 a word in the place of which “upon” was written
In page 4 of a word in the place of said Yates was written in same page of he word “death”
In page 5 [illegible] “after”
In page 6 the words “for his compensation” & paid or remitted by him & “the balance” & changed to “be” in p10
In p 11 the words “other” & legacy changed to legatees
Interlineations
In p 4 words “off” “the said” in p 11 word “giving”
In p 5 word “plain” in pg 6 word “to be”
In p 12 word “hand” this
In p 1 word “John”
Timothy Green
John Mundell
John Brown
Don Campbell
At a court held for Spotsylvania County the 6th day of February 1809. The last will and testament of Charles Yates dec’d was proved by the oaths of John Mundell, John Brown, and Donald Campbell three of the witnesses thereto, and is ordered to be recorded. And on the motion of Benjamin Day the Executor therein named who made oath thereto, and together with John Yates his security entered into and acknowledged their bond in the penalty of eighteen thousand pounds conditioned as the law directs, certificate is granted him for obtaining probate in due form.
Teste, Robert S. Chew C.S.C.
Know all men by these presents that we Benj. Day & John Yates are held and firmly bound unto Stakley Towles, Hugh Mercer, David C Kerr, Benj Waller, Geo Hamilton, Reubin Thornton, Aylett Waller, gentlemen Justice of the Court of Spot. County now sitting in the sum of eighteen thousand pounds to the payment whereof, well and truly to be made to the said Justices and their successors, we bind ourselves and each of us our and each of our heirs, executors, and administrators jointly and severally, firmly by these presents. Sealed with our seals and dated this 6th day of Feby Anno Domini and in the 33rd year of the Commonwealth.
The condition of the above obligation is such that if the above bond Benjamin Day Executor of the last will and testament of Charles Yates deceased do make or cause to be made a true and perfect inventory of the said deceased, which have or shall come to the hands, possessions or knowledge of the said Benjamin Day, or into the hands and possessions of any other person or persons for him, and the same do made, do exhibit in the County Court of Spotsylvania at such times as he shall be thereunto required.
First, I recommend my soul to God in hope of its being received through the merits, mediation and intercession of our blessed Lord and Savior Jesus Christ. My body I commit to the Earth.
Secondly, I devise to John Yates, son of my brother John Orfeur Yates, and to his heirs forever all my lands and real estate in the State of Virginia, subject to and charged with the payment of such and so much of the twelve legacies next following this devise as may not be discharged or extinguished by offsets through payments or advancements in my life time in the manner herein after mentioned; and also with the annuities in favor of Joice and Alice. And in order to make the said charge, affectual, my executor in Virginia, herein after discharged is hereby authorized and requested in case such and so much of the said twelve legacies as may remain undischarged & unextinguished, at my death be not fully paid, within 2 years thereafter to raise necessary sums for the payment of the same by sale of so much of the said lands, and real estate as may be necessary for that purpose, at public sale, upon reasonable previous notice as the time and place of such sale and to apply the money so raised accordingly.
Thirdly, I give and bequeath the following 12 legacies all of which with the annuities to Joice and Alice, and charged upon & to be paid exclusively out of the real estate herein before devised to John Yates. That is to say to the trustees of the Fredericksburg Charity School for Educating Poor Boys 2000 two thousand dollars.
2. To my god son Charles Jewell one thousand dollars. 1,000
3. To my god daughter Christian Yates Day one thousand dollars 1,000
4. To Mr. William Payne, Mr. George Payne, Mr. Richard Payne, and Mr. John Payne nephews of Mr. Daniel Payne deceased one thousand dollars each 4,000
5. To such of the children of Saunders Morris by his present wife niece of the same Daniel Payne, as may be living at the time of the payment (whether born before or after my death) and to the representatives of such children of the same Saunders Morris by his same present wife as may then have died, whether born before or after my death one thousand dollars to be divided among them equally per stripes all the representatives of such deceased child taking his or her share and not each representative taking Ch’s Yates an equal share with surviving child. 8,000 1,000
6. To the children of John Kelly by his former wife niece of said Daniel Payne and to their representatives per stripes, according to the rule deferred at large in the last bequest and to be in like manner divided one thousand dollars. 1,000
7. To the children of John Scott by his present wife daughter, daughter of the same William Payne whether born before or after my death, and their representatives per stripes, according to the rule defined at large, as aforesaid, and to be in like manner divided one thousand dollars. 1,000
8. To Daniel Payne son of Wm Payne, as above mentioned one thousand dollars. 1,000
9. To Benjamin Wittshire, the elder, my overseer in Jefferson County five hundred dollars 500
10. To [?Joalbelle?] Heslop widow of Isaac Heslop five hundred dollars 500
11. To Philip Terrier, lately my servant on River Lott no 2 five hundred dollars 500
12. To Aminadab Booker, my non hired servant five hundred dollars 500
Fourthly, It is to be distinctly understood that any claims that I may have against any of my legatees are not to be extinguished, impaired or affected by a bequest herein to him, her, or thing, but mutual payments of such debts and legacies shall be avoided by setting of the one against the other as far as the lesser sum may go and the legacies to Daniel Payne and the children of John Scott having been indexed from a consideration of their connection, by blood with William Payne, the same legacies together with the legacees of one thousand dollars to the same William Payne are to be charged with a set off by whatever hath been or hereafter may be advanced to the said William Payne.
Fifthly. I do direct that my said nephew John Yates do pay sixty dollars annually from my death to my woman Joice during her life and in case my woman also survive her then to pay to Alice from the death of the said Joice during the life of the said Alice the same sixty dollars annually. These being the provisions with which I have charged the real estate devised to the said John Yates aforesaid.
Sixthly. I likewise bequeath to the said John Yates son of my before mentioned brother and to his executors, administrators and assigns all the wagons, carts, harnesses, horses, mules, stock, plantation utensils, furniture, provender and crops which may be on my plantations at the time of my death, together with my garden utensils & tools in town, but the plantations which may be under overseers at my death together with the slaves thereon and all the wagons, carts, harness, horses, mules, stock, plantation utensils, furniture, provender & crops which may be so on my plantations are to remain in the same management & under the same use & care that they may severally be in at the time of my death until the thirteenth day of November next ensuing that event at which period, my engagement with my overseers on the before mentioned plantations for the year in which I may happen to die.
Seventhly I also bequeath to my said nephew John Yates and his representatives forever all my silver plate, my gold watch, my plain gold ring, which was the wedding ring of my grand mother Yates, all the books, furniture, & property in his possession, my gold ring with my coat of arms, engraved on a cornelian, and one half in value of my printed books, in town to be appertained by such person or persons as he my Executor in Virginia may agree on.
Eighthly I desire Maj’r Benjami Day my Executor in Virginia to accept of and retain to himself forever, moiety of my printed books in town, my coaches & harness, my silver watch & my gold sleeved buttons, with my cypher engraved on them in addition to the other provision made for him in my will.
Ninthly I bequeath to William Payne nephew of the same Daniel Payne all my interest in the outstanding debts to Payne, Moore & Company now due with the books and papers relative thereto; with liberty given to the said William Payne to use the name of my executor in Virginia in the recovery of any of the same debts provided the said William Payne shall secure him against the burden of any cost.
Tenthly I desire that my executor in Virginia will retain in his hands as a compensation for his trouble in the transaction of business, in his character of Executor, and in lieu of all legal commission at the rate of 15 percent on all sums to be collected.
Eleventhly I desire my said executor in Virginia to depose of in the manner he may think best all the rest and residue of my property in Virginia not herein before directed and bequeathed, the negroes excepted, & after reserving what may be necessary for paying my funeral charges, my debts and his commissions to remit the balance of the proceeds with what ever money he may collect to the Reverend Richard Mathews or his successor in office of executor & trustee in England according to the future instructions of this will to be created.
Twelfthly The faithful services of, and my attachment to my slaves, John, Dick and Bett with her children (all of whom are descendants of Lydia now deceased) Harry, Turner, Isaac and David, the issue of Fanny now deceased, James the son of Sylvia now deceased, and the children of the said James by Eve the daughter of Cate require some remembrance. I desire such of them as may be of the age of twenty four years or upwards at the time of my decease together with the before mentioned Joice to receive from my said Executor in Virginia their emancipation forthwith and immediately after my decease unless some of them, other than the said Joice should be at the time of my death engaged in a crop in which case, such of them as shall be so engaged in the same shall be continued in slavery as long as may be necessary for the security of such crop, and no longer and such of them the said slaves named and described in this present paragraph, as may be under the age of 24 years at the time of my death, I desire may be continued in slavery until they severally attain that age, and so long as their after as the security of any crop they may be engaged in may render necessary their services therein limiting the same necessary continuance nevertheless to the 1st November next following the attainment of such age as 24 years and after continuing where engaged in crops to the limited time they are in like manner to be emancipated by my said executor and the word children in this paragraph is declared to comprehend, such as are now born as well as such as may hereafter be born. The issue of the female children mentioned in this paragraph born before my death are to be considered as in the same predicament of title to freedom that their mothers may be in, under the will, to serve a like time and then to be free. Such as may be born of the said female children after my death to be free whenever their mothers shall be emancipated. James Jackson and Frank my house servants are to be emancipated on giving security not to be chargeable.
Thirteenthly All the rest of my slaves not mentioned or described in the last paragraph I desire may be continued in slavery, all of whom I bequeath to the said John Yates, son of my brother Orfeur and to his executors, administrators and assigns forever. I also bequeath to the same John Yates such of my negroes, as are willed to temporary slavery or until the attainment of their age of 24 years respectively for such time, as they me be subject under the limits of their emancipation to slavery to be delivered by my executor in Virginia, such of them as are not engaged in a crop or under an overseer immediately, and such of them as are so engaged on the 30th day of November next after my death until which time such of slaves subject to permanent slavery as may be engaged in a crop or under an overseer, shall remain on the plantations to make the crops provided nevertheless that the negroes, subject to temporary slavery shall not be delivered until the said John Yates or his representatives as the case may be shall give my said Executor in Virginia, his or their bond or the obligation of some person sufficiently responsible in a penalty to be fixed by my executor in Virginia conditioned that he or they will not directly or indirectly obstruct the executor of the emancipation of such of the slaves so to be delivered as are willed to temporary slavery, after the periods, limited for its continuance shall arise, either by holding them longer himself or themselves only conveying them without the limits of this state, or by any other ways or means whatsoever, and in case the bond or obligation aforesaid shall not be given with in and reasonable time after my death, to be judged of by my said executor in Virginia he is required to heir the said slaves, so willed to temporary slavery, out annually until the end of the year next after their several terms of slavery expire & the said heirs he is to pay to the said John Yates and his representatives. In case the law should not admit of the emancipation of slaves, all my negroes are to go unconditionally to the said John Yates, son of my brother Orfeur.
Fourteenthly I desire unto the before mentioned Richard Mathews of Wigton in the County of Cumberland and in the kingdom of Great Britain, and to his heirs and assigns forever in pure and absolute fee simple and perpetual right, all my real estate in the County of Cumberland aforesaid consisting of land in the Parish of West Newton which I bought of Francis Irwin and possessions in Wigton devised to me by my aunt Catharine Orfeur. Likewise I bequeath to the same Richard Mathews and to his Executors, administrators and assigns forever one full third part of my four percent bank stock in the bank stock of England with part of any interest due on the entire stock.
Fifteenthly Likewise I devise and bequeath to the same Richard Mathews the money herein before directed to be remitted by my Executor in Virginia one third part of which said money is for his own proper use and behalf forever and the other two thirds in trust to be by him equally divided between my nieces Jane Mathews and Mary Mathews and their representatives forever.
Sixteenthly I desire and bequeath unto each of my said nieces Jane Mathews and Mary Mathews one third part of my four percent stock in the bank of England with one third each of the interest due on the whole of the said stock.
Seventeenthly I give and bequeath unto my niece Mary Yates two fifths of my mortgage on her fathers estate at Skipwith and five hundred pounds South Sea annuity to be paid to her by my Executor in England and the other three fifths of the said mortgage with all interest thereon I relinquish to her said father.
Eighteenthly It is to be distinctly understood that no devise or legacy herein before mentioned shall fail or become extinct by reason of any death either before or after my own but in every instance the legacy or devise shall go to the legal representative or representatives of the dying legatee, or devises and to the representatives of such representatives my intention having in no devise or legacy been to confine the same to the life of the devise or legatee & in the instance in which I have given legacies to minors, they are to be paid to their parents or guardians upon their giving bond and security to my executor in Virginia, to account for and to pay the same to the legatees on their attaining their respective ages.
Nineteenthly My trustee and executor in England is empowered to transmit his trust and executorship by appointment of a successor in England to those offices by his last will and testament in default of such appointment, or on failure of the person appointed to act or the death of such successor before the purposes of the trust are complicated, those entitled to the beneficial interest under that trust shall act as to their several interests and parts as the said trustee & executor in England is by this will authorized to act and as they might have acted if the same interest had been directly devised or bequeathed to them.
Twenteenthly The confidence which I have in the integrity of Benjamin Day, executor in Virginia induces me to will a dispensation with the legal requisite of an appraisement of my estate and I do hereby as far as I may have right uncontrolled by law direct that he shall not be put to the trouble of an appraisement.
Lastly I appoint my aforesaid nephew the Reverend Richard Mathews of Wigton my sole executor in England and my sole residuary legatee and devisee and I appoint the same before mentioned Benjamin Day my sole Executor in Virginia.
In witness this my last will and testament contained on this and the eleven preceding pages I set my hand and seal to wit my hand to the bottom of this & each of the eleven preceding pages, and my hand and seal to the present leaf and [illegible] and my seal on the ribbon tying the six preceding leaves with this present sheet this [blank] day of [blank] Anno Domini one thousand eight hundred and six.
The writing continued on this and the twelve preceding pages was signed and sealed by the above named Charles Yates and by him published and declared as and for his last will and testament in the presence of us who have hereunto subscribed our names as witness thereto in his presence of each other. The names & interlineations following having been made before the exception to wit:
Erasures
In page 1 a word in the place of which “upon” was written
In page 4 of a word in the place of said Yates was written in same page of he word “death”
In page 5 [illegible] “after”
In page 6 the words “for his compensation” & paid or remitted by him & “the balance” & changed to “be” in p10
In p 11 the words “other” & legacy changed to legatees
Interlineations
In p 4 words “off” “the said” in p 11 word “giving”
In p 5 word “plain” in pg 6 word “to be”
In p 12 word “hand” this
In p 1 word “John”
Timothy Green
John Mundell
John Brown
Don Campbell
At a court held for Spotsylvania County the 6th day of February 1809. The last will and testament of Charles Yates dec’d was proved by the oaths of John Mundell, John Brown, and Donald Campbell three of the witnesses thereto, and is ordered to be recorded. And on the motion of Benjamin Day the Executor therein named who made oath thereto, and together with John Yates his security entered into and acknowledged their bond in the penalty of eighteen thousand pounds conditioned as the law directs, certificate is granted him for obtaining probate in due form.
Teste, Robert S. Chew C.S.C.
Know all men by these presents that we Benj. Day & John Yates are held and firmly bound unto Stakley Towles, Hugh Mercer, David C Kerr, Benj Waller, Geo Hamilton, Reubin Thornton, Aylett Waller, gentlemen Justice of the Court of Spot. County now sitting in the sum of eighteen thousand pounds to the payment whereof, well and truly to be made to the said Justices and their successors, we bind ourselves and each of us our and each of our heirs, executors, and administrators jointly and severally, firmly by these presents. Sealed with our seals and dated this 6th day of Feby Anno Domini and in the 33rd year of the Commonwealth.
The condition of the above obligation is such that if the above bond Benjamin Day Executor of the last will and testament of Charles Yates deceased do make or cause to be made a true and perfect inventory of the said deceased, which have or shall come to the hands, possessions or knowledge of the said Benjamin Day, or into the hands and possessions of any other person or persons for him, and the same do made, do exhibit in the County Court of Spotsylvania at such times as he shall be thereunto required.
Record Location
WB G:385
Document Type
Last Will & Testament
Notes
4 of these individuals are named and freed in the deed recorded the same date in Deed Book R:451
Files
Collection
Citation
“1806 - Yates to John, et al - Spotsylvania Co, VA,” Manumission Project, accessed March 8, 2026, https://manumissionproject.omeka.net/items/show/2395.