1820 - Faulcon to Matilda - Surry Co, VA

1820 - Faulcon to Matilda - Surry Co, VA

02/28/1820

1

In the name of God Amen. I Walter Faulcon of the County of Surry and State of Virginia, being sick and weak in body, but of sound mind and disposing memory (for which I thank God) and calling to mind the uncertainty of human life, and being desirous to dispose of all such worldly estate it hath pleased God to bless me with, I give and bequeath the same in manner following, that is to say.
First, I desire that all my just debts be paid immediately after my funeral expenses are ascertained, out of the money I shall leave. The balance of my money, together with the sales of my Schooner John and Mary (which I desire my executors herein after named to sell, and the profits arising from the sales of property made annually on my plantation (after supplying and fully complying with the gifts and requests hereinafter mentioned as respects my negro woman Jenny, the cook, and her child Matilda Ann Rebecca) I request may be let out on interest, at the discretion of my Executors, and the interest money collected annually by them. My bricks plank and scantling I have, I leave at the discretion of my Executors to dispose off by sale or other ways as they may choose if they sell the same the money for the sales I request may be also put to interest and the interest collected as aforesaid. The remainder of my present personal and real estate I request may be kept together under the direction of my Executors until the death of my negro woman Jenny (the cook) and my girl Matilda Ann Rebecca, daughter of said Jenny.
Secondly, I desire that my servant Jenny who is now my cook shall in common with her child Matilda Ann Rebecca have the use of my kitchen, small smokehouse, fowls, houses, a garden and yard attached to the kitchen, with full liberty to raise what quantity of poultry she may choose. And I do give and particularly request that my said Servant Jenny shall at all times after my death enjoy fully the profits of her own labor and industry without any inconvenience or hindrance from any person or persons whatever, and more also receive from the profits of my estate annually in the month of January, during her natural life, the following allowances to wit, four barrels, good shelled Indian corn on hand, good flour, three hundred pounds well fatted pork, fifty pounds picked cotton and thirty dollars Virginia money, and also the following additional allowance during the time, my girl Matilda Ann Rebecca may be continued by my Executors to remain with the said Jenny, namely, two barrels good shelled Indian corn and three hundred pounds fatted pork, but when ever my Executors shall believe that the said Jenny has an improper resort of negroes or other persons visiting her and setting bad examples for my girl Matilda A.R. they may at their discretion remove the said Matilda A.R. from the care of her mother the said Jenny and provide for the support of the said girl Matilda A.R. at their discretion until she arrive to the age of fifteen years – when my Executor or Executors shall deem it advisable to remove the said Matilda A.R. then the said Jenny’s allowance to be as first provided. My said woman Jenny (the cook) is always to have free use of water from the spring, firewood from of my plantation to be at full liberty at all times to go from and return home whenever she may think proper to do so, without hindrance from any person. She is to have full liberty to use my cards and wheels when she may think proper.
Thirdly I hereby emancipate and set free from and after my death, my little girl Matilda Ann Rebecca free from the claim or demand of all persons whatever so that she may fully enjoy the profits of her own labor, and I moreover give to her as her assistance in life, from and after she shall attain the age of fifteen years, the use and labor of one of my negro women to be chosen by her from my estate annually, and also the following allowances to be furnished her annually in the month of January of each year, to wit six hundred pounds of good fatted pork, eight barrels of good Indian corn (shelled), one barrel of good flour, fifty pounds of picked cotton and sixty dollars Virginia money. I also give and desire particularly that my little girl Matilda A.R. shall enjoy with her mother equal liberty with her in the same houses, garden and yard, with equal rights of raising poultry. And further I give to my said girl Matilda A. R. the use of an additional building to be built at the expense of my estate, of such dimensions and constructed as my Executors may choose, but not smaller than my kitchen, for the said Matilda A.R. separate apartment. I also give to her a sufficient quantity of firewood to be deposited near her said dwelling at the expense of my estate, and also to have the privilege of a free use of spring water. At the same time I give to her all my household and kitchen furniture, my gig and harness, and the use of a horse at any time she may wish to go from home.
Fourthly I give to my brother John Faulcon and to his son John Nicholas Faulcon to be equally divided between them the remainder of the profits of my estate arising from the annual crops and interest on the money of my estate after paying the annual sums of money and furnishing the several articles of provision and cotton to my said negro woman Jenny (the cook) and my girl Matilda Ann Rebecca to them and their heirs forever.
Fifthly I request my Executors to take care of my girl Matilda Ann R. and of the property I have given her in that way they deem best.
Sixthly If my nephew John Nicholas Faulcon, son of my brother John Faulcon, shall survive my negro woman Jenny (my cook) and my girl Matilda Ann Rebecca, I give and desire to my said nephew John Nicholas Faulcon all my lands, my negroes, and the increase of the negroes, the stocks of cattle, hogs, horses, money that may have been at interest, and every other kind of property attached to or considered my estate not herein given away to him and his heirs and assigns forever. But should my said nephew John N. Faulcon be dead at the time, and my said brothers son Jacob be living, I in that case give all the said property to him my said nephew Jacob Faulcon to him and his heirs. Should my last mentioned nephew be also dead at the time, I then give and devise the said property to my said brother John’s other surviving children and the children of my nephews John N. Faulcon and Jacob Faulcon, if any.
Seventhly and lastly, I nominate, constitute and appoint my brother John Faulcon and my nephew John Nicholas Faulcon (son of my brother John) whole and sole Executors of this my last will and testament hereby revoking and making null and void all other wills by me made. As witness my hand and seal this second day of November in the year of Christ one thousand and eight hundred and nineteen.
Walter Faulcon (seal)
Signed, sealed, published and declared by the within
named Walter Faulcon to be his last will and
testament in our presence, at his request and
in his presence we signed our names as
witnesses to the same
William Spratley
Thomas L. Barham
John Seammell

At a court held for Surry County February 28th 1820
The within written last will and testament of Walter Faulcon deceased was presented into court by John Faulcon one of the Executors therein named, and the same being proved by the oaths of William Spratley and Thomas L. Barham, two of the witnesses thereto, was by the court ordered to be recorded. And on the motion of the said Executor who made oath and gave bond with William Spratley, his security in the sum of fifteen thousand dollars conditioned as the law directs, certificate is granted him for obtaining a probate thereof in due form, and liberty is reserved the other Executor therein named to qualify at a future day.
Teste, John Faulcon C.S.C.

WB 3:425

Last Will & Testament