1805 - Henry to Moses - Northumberland Co, VA
Dublin Core
Title
1805 - Henry to Moses - Northumberland Co, VA
Manumission Item Data Item Type Metadata
Date
1805
09/09/1805
Manumitter
Manumitted
Number of Persons
1
Text of Freedom Document
In the name of God Amen. I James Henry of the County of Northumberland in Virginia being at present in health and of a disposing mind and memory, in order set my house in order and to make such a disposition of my worldly property among my family as I judge most equitable, before my death, do make and declare this to be my last will and testament, revoking all former wills by me made.
1. Principally I desire humbly to recommend and submit myself to the divine disposal for longer or shorter life, as the almighty Governor of this world shall please to direct. I implore his mercy for pardon of my sins and acceptance thus the redeemer’s righteousness when I am called hence. What worldly substance his providence has bestowed in me, I desire may be distributed as followeth. The sundry persons who have contracted with me for the purchase of land in the counties of Halifax and Pittsylvania, if the pay up the purchase money with the interest which may be due thereon in a reasonable time and the taxes which I continue to pay, as they are not to have deeds of conveyance till full payment is made in all such cases. I do here by desire and empower my executors or any one of them to convey to every such purchaser or his proper assignee, every such lot or parcel of land in fee simple agreeable to contract, excluding however from any benefit of this devise all such as have heretofore bargained with me for lands in that county and have either abandoned their contract or paid no part of the purchase money although some of them, who have so abandoned their purchases, may not have given up the bonds given by me to assure this conveyance, and this was done by some persons when I was in want of money and was very desirous that they should comply with their respective contracts, in consequence of such disappointments I was constrained to part with other lands, which I desired to keep.
2ndly I give and bequeath to my beloved wife, Sarah Henry, the use of one half of my household furniture during her life, also the use of two rooms in the house her choice, two horses her choice, her carriage, and two servants and a housemaid such she may make choice of, these things to hold during life. I give her one hundred pounds in money to be at her absolute disposal. It is my will that she be furnished with provisions of every kind for herself and family, without being troubled with seeing to the management or care of the plantation or stock, and this is to be supplied by my son Edward out of the estate I shall give him, that his mother may be easy and comfortable in her old age.
3rd It is my will and desire that my said son do pay her the farther sum or amount of twenty pounds a year during her lifetime, either in money or other things she shall choose for her use in her housekeeping. I do also empower and request my said wife to divide and dispose of what plate may remain undisposed of at my death among her children and grandchildren at her will and pleasure, as I have often promised she might do.
4th I give and bequeath to Mr. John Wise of Accomack the sum of eighty pounds, being about the balance of my daughter’s portion his first wife now deceased, but this sum I wish him to consider as a trust in his hands for the benefit of his two sons George and John Wise, born to him by my said daughter, hoping it will be agreeable to him to lay out this sum in the education of his said two sons. I also request it of him to take charge of the money due from Skinner Wallop, that no damage may be sustained on that account from the heirs of Col. James Rule.
5th I give to my granddaughter Maria Eustace a daughter of my son in law Hancock Eustace of Stafford County a negro girl to be taken charge of by her father for her use till she grows up.
6th I give and bequeath unto my daughter Elizabeth Moncure the wife of Mr. William Moncure the balance of her portion designed to be made up in the whole one thousand pounds, the balance is not now perfectly adjusted, but to be settled by Mr. Moncure’s book, and mine, for I design to pay the balance in property if my life shall be spared to enable me to complete this accomplishment.
7th I give and devise unto James Henry son of my deceased son Sam’l H. Henry seventy six and a half acres of land adjoining his lands in King and Queen to him and his heirs in fee simple.
8th I give and bequeath unto my other grandson Charles Scarburgh Henry, brother of the said James Henry, my mill on Burches Creek in Pittsylvania and eleven acres of land therewith purchased of the heirs of John Crul, also two hundred and twenty five acres of land more or less purchased of John Johnson and Heath Gardner, the deeds are recorded in Pittsylvania court. I also give to the said Charles four thousand three hundred acres of my order land adjoining to be laid out by a line to be drawn from southeastward northwesterly across the order land. All these lands I give to my said grandson Charles S. Henry and his heirs in fee simple, and the mill now down is to be rebuilt at the expense of my estate. And if Mary the mother of the said James and Charles Henry shall marry again, it is my will that my estate be charged with the payment of one ninth part of the value of the King and Queen land which was her husband’s agreeable to our contract recorded in King and Queen court, the debt due to me from Capt. B. Homes to go in part payment, if so much shall be due to her on a settlement of my account against her. But if my said grandson Charles S. Henry shall depart this life under legal age, and leaving no child to inherit this land, let my will be so understood that the lands here given to the said Charles are to be equally divided between my son John Henry and my grandson James Henry in fee simple. But this devise to Charles Henry is on condition that when he attains the proper age he releases to his brother James all his right to the King and Queen lands, or if he refuse then his brother James is to share equally with him the Halifax and Pittsylvania lands as in those of King and Queen that some way they may share nearly equal.
9th I devise and bequeath unto my son John Henry and his heirs and assigns forever all the residue of my lands in Halifax and Pittsylvania counties supposed to exceed two thousand acres as will be found by the deeds from Thomas Glascock recorded in the General Court. David Terry and John Lewis’s deeds recorded in the county court. James Spradling and Ambros Haley, Moses Echols and William Rayburn’s deeds recorded in Halifax court, and Martin Palmers in Pittsylvania court.
10th To my son Edward Henry and to his heirs, I give and devise all my lands at Fleets Bay where I now live subject to his mother’s support as before provided containing by estimation one thousand acres and also the household furniture when his mother shall have no more use for her part excepting out of this bequest two beds, and furniture to my son John and his share of the plate as his mother may give him, I give him Edw’d also the stock of horses, cattle, sheep and hogs at Fleets Bay at my death.
11th The residue of my property let be divided thus. The slaves both at Sandy Creek and Fleets Bay to be equally divided between my two sons Edward & John after all legacies deducted, Edwards share to be at Fleets Bay, and those at Sandy Creek to go in part to my son John including Stephen, belonging to James and Charles. I sent him up there to save his life from a criminal prosecution, and my two sons are to account for his value with their cousins James and Charles. I expect to pay no hire for him as the legacies I have here provided are intended to go in part as a compensation for the hire, two more negroes out of the Fleets Bay stock Sabra and Fanny may go to Mr. Wm Moncure either to sell or keep at his pleasure, in part of his wife’s portion. To my servant Moses I give his freedom to go where he will without any accounting to my estate.
12th To my grandsons James and Charles S. Henry I give one hundred pounds in money each to help out with their education, my law books and of science, I desire may be kept till it may be known which of these two children shall become professional, if both become professional then the books of law and science to be equally divided between James and Charles, or the whole to go to one of them if only one prove professional, all the law books and of science to the professional boy, all my other books to be equally divided among all my children. To my sons Edward and John I give the residue of the debts and money due to me or on hand, John to have two thirds and Edward one third, whether due by mortgage bond or accompt, but it is my particular desire that the money belonging to James and Charles Henry lent on mortgage may be taken care of for them, and not suffered to go into any persons hands who may be like to make waste of it or squander it away.
13th Lastly I do hereby nominate and appoint my two sons Edward and John Henry, John Wise of Accomack and William Moncure of Richmond to be my executors that Mr. Wise may more conveniently manage Mr. Wallop’s debt and Mr. Moncure may with authority and right intermeddle and assist in fixing my claims against the estate of William Ronald, and perhaps some others. For this particular reason I have taken the liberty to name these 2 gentlemen as co-executors with my sons. As the disposition of the stock was interpolated, being omitted at first, I here repeat it again. I confirm and repeat the bequest to Edward of all my stock of horses, cattle, sheep, and hogs at Fleets Bay, and whatever else I may have not yet bequeathed, I desire it may be equally divided between my said 2 sons. This will is all written with my own hand, no person being present, this 9th day of March Anno Domini 1801.
Ja’s Henry
At a court of monthly sessions held for Northumberland County at the courthouse on Monday the 9th day of September 1805. This writing purporting to be the last will and testament of the Honble James Henry dec’d was offered to proof, and there being no subscribing witness thereto, Thomas Hurst & Ellyson Currie Gent. being sworn deposed that the said will was wholly written & subscribed by the said James Henry, whereupon the same is ordered to be recorded, and on the motion of Edward Henry, one of the executors therein named, a certificate is granted him for obtaining a probate thereof in due form, he having taken the oath of an executor and together with John Hull, Matthew Lamkin and John Eustace his securities entered into & acknowledged a bond in the penalty of thirty thousand dollars conditioned as the law directs, liberty being reserved to the other executors in the said will named to join in the probate thereof when they shall think fit.
Teste, Fleming Bates CNC
Truly recorded
Teste, F. Bates CNC
Adminstration de bonis non of estate of decedent with this will annexed granted George Patterson 11th Dec 1820.
F. Bates
1. Principally I desire humbly to recommend and submit myself to the divine disposal for longer or shorter life, as the almighty Governor of this world shall please to direct. I implore his mercy for pardon of my sins and acceptance thus the redeemer’s righteousness when I am called hence. What worldly substance his providence has bestowed in me, I desire may be distributed as followeth. The sundry persons who have contracted with me for the purchase of land in the counties of Halifax and Pittsylvania, if the pay up the purchase money with the interest which may be due thereon in a reasonable time and the taxes which I continue to pay, as they are not to have deeds of conveyance till full payment is made in all such cases. I do here by desire and empower my executors or any one of them to convey to every such purchaser or his proper assignee, every such lot or parcel of land in fee simple agreeable to contract, excluding however from any benefit of this devise all such as have heretofore bargained with me for lands in that county and have either abandoned their contract or paid no part of the purchase money although some of them, who have so abandoned their purchases, may not have given up the bonds given by me to assure this conveyance, and this was done by some persons when I was in want of money and was very desirous that they should comply with their respective contracts, in consequence of such disappointments I was constrained to part with other lands, which I desired to keep.
2ndly I give and bequeath to my beloved wife, Sarah Henry, the use of one half of my household furniture during her life, also the use of two rooms in the house her choice, two horses her choice, her carriage, and two servants and a housemaid such she may make choice of, these things to hold during life. I give her one hundred pounds in money to be at her absolute disposal. It is my will that she be furnished with provisions of every kind for herself and family, without being troubled with seeing to the management or care of the plantation or stock, and this is to be supplied by my son Edward out of the estate I shall give him, that his mother may be easy and comfortable in her old age.
3rd It is my will and desire that my said son do pay her the farther sum or amount of twenty pounds a year during her lifetime, either in money or other things she shall choose for her use in her housekeeping. I do also empower and request my said wife to divide and dispose of what plate may remain undisposed of at my death among her children and grandchildren at her will and pleasure, as I have often promised she might do.
4th I give and bequeath to Mr. John Wise of Accomack the sum of eighty pounds, being about the balance of my daughter’s portion his first wife now deceased, but this sum I wish him to consider as a trust in his hands for the benefit of his two sons George and John Wise, born to him by my said daughter, hoping it will be agreeable to him to lay out this sum in the education of his said two sons. I also request it of him to take charge of the money due from Skinner Wallop, that no damage may be sustained on that account from the heirs of Col. James Rule.
5th I give to my granddaughter Maria Eustace a daughter of my son in law Hancock Eustace of Stafford County a negro girl to be taken charge of by her father for her use till she grows up.
6th I give and bequeath unto my daughter Elizabeth Moncure the wife of Mr. William Moncure the balance of her portion designed to be made up in the whole one thousand pounds, the balance is not now perfectly adjusted, but to be settled by Mr. Moncure’s book, and mine, for I design to pay the balance in property if my life shall be spared to enable me to complete this accomplishment.
7th I give and devise unto James Henry son of my deceased son Sam’l H. Henry seventy six and a half acres of land adjoining his lands in King and Queen to him and his heirs in fee simple.
8th I give and bequeath unto my other grandson Charles Scarburgh Henry, brother of the said James Henry, my mill on Burches Creek in Pittsylvania and eleven acres of land therewith purchased of the heirs of John Crul, also two hundred and twenty five acres of land more or less purchased of John Johnson and Heath Gardner, the deeds are recorded in Pittsylvania court. I also give to the said Charles four thousand three hundred acres of my order land adjoining to be laid out by a line to be drawn from southeastward northwesterly across the order land. All these lands I give to my said grandson Charles S. Henry and his heirs in fee simple, and the mill now down is to be rebuilt at the expense of my estate. And if Mary the mother of the said James and Charles Henry shall marry again, it is my will that my estate be charged with the payment of one ninth part of the value of the King and Queen land which was her husband’s agreeable to our contract recorded in King and Queen court, the debt due to me from Capt. B. Homes to go in part payment, if so much shall be due to her on a settlement of my account against her. But if my said grandson Charles S. Henry shall depart this life under legal age, and leaving no child to inherit this land, let my will be so understood that the lands here given to the said Charles are to be equally divided between my son John Henry and my grandson James Henry in fee simple. But this devise to Charles Henry is on condition that when he attains the proper age he releases to his brother James all his right to the King and Queen lands, or if he refuse then his brother James is to share equally with him the Halifax and Pittsylvania lands as in those of King and Queen that some way they may share nearly equal.
9th I devise and bequeath unto my son John Henry and his heirs and assigns forever all the residue of my lands in Halifax and Pittsylvania counties supposed to exceed two thousand acres as will be found by the deeds from Thomas Glascock recorded in the General Court. David Terry and John Lewis’s deeds recorded in the county court. James Spradling and Ambros Haley, Moses Echols and William Rayburn’s deeds recorded in Halifax court, and Martin Palmers in Pittsylvania court.
10th To my son Edward Henry and to his heirs, I give and devise all my lands at Fleets Bay where I now live subject to his mother’s support as before provided containing by estimation one thousand acres and also the household furniture when his mother shall have no more use for her part excepting out of this bequest two beds, and furniture to my son John and his share of the plate as his mother may give him, I give him Edw’d also the stock of horses, cattle, sheep and hogs at Fleets Bay at my death.
11th The residue of my property let be divided thus. The slaves both at Sandy Creek and Fleets Bay to be equally divided between my two sons Edward & John after all legacies deducted, Edwards share to be at Fleets Bay, and those at Sandy Creek to go in part to my son John including Stephen, belonging to James and Charles. I sent him up there to save his life from a criminal prosecution, and my two sons are to account for his value with their cousins James and Charles. I expect to pay no hire for him as the legacies I have here provided are intended to go in part as a compensation for the hire, two more negroes out of the Fleets Bay stock Sabra and Fanny may go to Mr. Wm Moncure either to sell or keep at his pleasure, in part of his wife’s portion. To my servant Moses I give his freedom to go where he will without any accounting to my estate.
12th To my grandsons James and Charles S. Henry I give one hundred pounds in money each to help out with their education, my law books and of science, I desire may be kept till it may be known which of these two children shall become professional, if both become professional then the books of law and science to be equally divided between James and Charles, or the whole to go to one of them if only one prove professional, all the law books and of science to the professional boy, all my other books to be equally divided among all my children. To my sons Edward and John I give the residue of the debts and money due to me or on hand, John to have two thirds and Edward one third, whether due by mortgage bond or accompt, but it is my particular desire that the money belonging to James and Charles Henry lent on mortgage may be taken care of for them, and not suffered to go into any persons hands who may be like to make waste of it or squander it away.
13th Lastly I do hereby nominate and appoint my two sons Edward and John Henry, John Wise of Accomack and William Moncure of Richmond to be my executors that Mr. Wise may more conveniently manage Mr. Wallop’s debt and Mr. Moncure may with authority and right intermeddle and assist in fixing my claims against the estate of William Ronald, and perhaps some others. For this particular reason I have taken the liberty to name these 2 gentlemen as co-executors with my sons. As the disposition of the stock was interpolated, being omitted at first, I here repeat it again. I confirm and repeat the bequest to Edward of all my stock of horses, cattle, sheep, and hogs at Fleets Bay, and whatever else I may have not yet bequeathed, I desire it may be equally divided between my said 2 sons. This will is all written with my own hand, no person being present, this 9th day of March Anno Domini 1801.
Ja’s Henry
At a court of monthly sessions held for Northumberland County at the courthouse on Monday the 9th day of September 1805. This writing purporting to be the last will and testament of the Honble James Henry dec’d was offered to proof, and there being no subscribing witness thereto, Thomas Hurst & Ellyson Currie Gent. being sworn deposed that the said will was wholly written & subscribed by the said James Henry, whereupon the same is ordered to be recorded, and on the motion of Edward Henry, one of the executors therein named, a certificate is granted him for obtaining a probate thereof in due form, he having taken the oath of an executor and together with John Hull, Matthew Lamkin and John Eustace his securities entered into & acknowledged a bond in the penalty of thirty thousand dollars conditioned as the law directs, liberty being reserved to the other executors in the said will named to join in the probate thereof when they shall think fit.
Teste, Fleming Bates CNC
Truly recorded
Teste, F. Bates CNC
Adminstration de bonis non of estate of decedent with this will annexed granted George Patterson 11th Dec 1820.
F. Bates
Record Location
PRB 17:320
Document Type
Last Will & Testament
Files
Collection
Citation
“1805 - Henry to Moses - Northumberland Co, VA,” Manumission Project, accessed April 14, 2026, https://manumissionproject.omeka.net/items/show/2618.