1796 - Kidd to Lewis - Middlesex Co, VA

1796 - Kidd to Lewis - Middlesex Co, VA

02/22/1796

1

In the name of God Amen. I James Kidd of Middlesex County in perfect sense & memory do make & ordain this my last will & testament, hereby revoking & making null and void all & every other last will & testament by me hereto fore made.
Imprimis I devise & bequeath to my son Benjamin Kidd & his heirs forever that half or part of my Dragon tract of land purchased of Wm. Lorman which joins the lands of Col. John George, the Rev’d Samuel Klug & Samuel Brooks, & ascertained by a dividing line of marked trees lately made & chopped off by me, beginning at a white oak adjoining the Rev’d Samuel Klug’s land & running a strait line or coming through to Samuel Brook’s land. I also bequeath to my son Benjamin & his heirs a negro boy named Sam.
Item I devise & bequeath to my son William Norman Kidd & his heirs forever the other half or part of my Dragon tract of land purchase of Wm. Lorman which joins the lands of the Rev’d Samuel Klug & Mr. Churchill Blakey on trust and ascertained & divided from my son Benjamin’s land above given him by the same line of marked trees lately made & chopped off by me as above mentioned beginning at a white oak adjoining the Rev’d Mr. Klug’s land & running in a strait line or course through to Samuel Brook’s land. I also bequeath to my son William & his heirs a negro boy named Dorton, but if my son William shall die before he arrives to the age of twenty one years & without a child living at his death, then my will & desire is that the whole of the estate which I have given or may give him in & by this my will shall be equally divided amongst my other children within legal representatives to them & their heirs forever.
Item I desire & bequeath to my son James Kidd & his heirs forever the tract of land whereon he now lives, which I purchased of John Daniel as also the tract of land I purchased of John Berry adjoining the aforesaid land I purchased of John Daniel, except eight or ten acres lying beyond the swamp in which my plant patch which joins the lands of Abott’s orphans, which eight or ten acres of land I intended to give to my son John Kidd for support in him of the tract of land which I shall give him. I also bequeath to my son James Kidd & his heirs a negro boy named Jerry.
Item I devise & bequeath to my son Thomas Kidd & his heirs forever all my lots and houses in the town of Urbanna which I purchased of Frazer. I also bequeath to my son Thomas & his heirs a negro girl named Lucy with her for hire in [illegible]. But if my son Thomas shall die before he arrives to the age of twenty one years without a child living at his death them my will & desire is that the whole of the estate which I have given him or may give him in & by this my will, shall equally divided amongst my other children or their representatives to them & their heirs forever.
Item I devise & bequeath to my son John Kidd & his heirs forever the tract of land & plantation on which I live except the seventy five acres of land which I purchased of William Berry, which I intend to dispose of to my daughter Jane Crittenden & my son James. I devise also to my son John & his heirs forever a small parcel of land lying over or beyond the swamp on which the plant patch now is joining the lands of Abbot’s orphans, being about eight or ten acres as excepted and of the land given to my son James. I also bequeath to my son John & his heirs a negro boy named Hampshire, but if my son John shall die before he arrives to the age of twenty one years & without a child living at his death, then my will & desire is that the whole of the estate which I have given or may give him in & by this my will shall be equally divided amongst my other children or their legal representatives to them & their heirs forever.
Item I give & bequeath to my son William one hundred pounds if he will therefore support & maintain in a comfortable manner my son George Kidd during his life, and if my son William will not accept and receive the said hundred pounds upon such consideration, my will & desire then is that immediately after my death one hundred pounds shall be paid out to interest by my executors for the support & maintenance of my said son George for his life. I bequeath also my son George one feather bed, bedstead, & furniture for his life, & after his death my will & desire is that the said bed, bedstead & furniture & the one hundred pounds aforesaid if put out to interest & not accepted & received by my son William shall be equally divided amongst my other children or their legal representatives to them & their heirs forever.
Item I lend unto my daughter Jane Crittenden seventy five acres of land which I purchased of William Berry joining the land & plantation I now live on, she to have the sole use of it as a home, & to work as she chooses till her husband Thomas Crittenden shall return to live with her, and if her said husband should return at any time hereafter to live with her, by which she should lose the use & move off the said seventy five acres of land, & afterwards her said husband should go of to leave her again as at present he hath done, it is my will & desire that in every such instance my said daughter shall have the same use & enjoyment in & to the said seventy five acres of land as is first above mentioned; if the said Thomas Crittenden shall die before my daughter Jane, I lend the said seventy five acres of land after his death to my said daughter during her widowhood and after her death or widowhood I devise and bequeath the same to my son James Kidd & his heirs forever. It is also my will & desire that whensoever my daughter Jane shall lose & be deprived of the use & enjoyment of the said tract of land by the return of her husband, that then the same shall be possessed by, used, enjoyed & belong to my said son James Kidd.
Item I give & bequeath to my grandson Henry Kidd (son of my daughter Nancy) & his heirs forever a negro boy named Manuel; but if my said grandson shall die before he arrives to the age of twenty one years & without a child living at his death, then my will & desire is that the whole of the estate which I have given or may give him in & by this my will shall be equally divided amongst my other children and their legal representatives to them & their heirs forever.
Item I give & bequeath to my daughter Polly Kidd wife of Isaac Kidd & her heirs forever one negro girl named Winny & her future increase.
Item I give & bequeath to my daughter Sally Kidd & her heirs forever one negro girl named Charlotte & her future increase, but if my said daughter Sally shall die before she arrives to the age of twenty one years & without a child living at her death, then it is my will & desire that the whole of the estate which I have given or may give her by this my will shall be equally divided amongst my other children or their legal representatives to them and their heirs forever.
Item I give & bequeath to my grandson James Crittenden & his heirs forever one negro woman named Mariah & her future increase, but if my said grandson shall die before he arrive to the age of twenty one years & without a child living at his death, then my will & desire is that the whole of the estate which I have given or may give him by this my will shall be equally divided amongst all my other children or their legal representatives to them & their heirs forever.
Item I lend to my wife Mary during her life three negroes to be her choice of those not before dispose of except Sal whom I intend for the house of my daughter Jane Crittenden. I also lend her for her life two beds, bedsteads & furniture her choice & one half of every other kind of household & kitchen furniture (beds excepted). I lend her also for her life one yoke of oxen, her choice & the ox [illegible] eight cattle her choice, her choice sheep & her choice hogs; and if I should purchase a riding chair as I intend I lend the said chair & the horse which shall be used in drawing it to my said wife for her life & after her death my will & desire is that the whole of the estate above lent to her shall be equally divided amongst all my daughters & my grandson Henry Kidd (son of my daughter Nancy) or their legal representatives.
My will is that my wife have her dower in all my lands.
Item I desire that my sons Thomas Kidd & John Kidd have the liberty & privilege of getting off the land I have given to my son William whatever cypress timber they may be in want of, for the purpose of building houses on the lands & plantations I have before given them, but this privilege not to extend to building houses on any other land which either or both of them may purchase, nor to any other person to whom others of them may sell the lands above given them, but let themselves only during the time they shall own the said lands given them as aforesaid.
Item I devise & bequeath to my sons Benjamin Kidd & James Kidd equally to be divided between them twenty acres of Dragon Swamp which I purchased of Lewis Dudley to them & their heirs forever as tenants in common & not as joint tenants.
Item If my wife should not make choice of my negro man Lewis as one of the three choices lent her, in that case my will & desire is that the said Lewis shall serve no other person but shall be thereafter free & emancipated; & if my wife shall choose the said Lewis as one of those lent her, my will is that after her death the said Lewis be free & emancipated.
Item All the rest & residue of my estate of every sort not hereto before & above dispose of I desire may be equally divided amongst all my children (my son George excepted) or their legal representatives to them & their heirs forever.
Item I devise, give & bequeath to my son William Kidd one negro girl named Sal & her future increase in trust to lay out and to dispose of the labor, hire & profits of the said Sal & her future increase towards the sole use, support & maintenance of my daughter Jane Crittenden during her life, her husband Thomas Crittenden to have no kind of right, title, command or control over the said Sal or her future increase or over the labor, hire or profits of them or any of them. I give & bequeath also to my said son William Kidd all such estate which may by this my will might otherwise come full or descend to my said daughter Crittenden by the death of any of my children or grandchildren under the age of twenty one years without a child living at his or her death, or which shall or might full come or descend to when by virtue dispense of the next clause above this disposing of the residue of my estate, or which in any manner by this my will might otherwise come full or descend to her my said daughter in trust to lay out & dispose of the labor, hire & profits of the same to the sole & only as a support & maintenance of my said daughter Jane Crittenden during her life. Her husband Thomas Crittenden to have no kind of right, title, command and or control over the said estates or any part of them, no over the hire, labor, profits, or interest of them, & after the death of my said daughter Jane I bequeath the above said negro girl Sal & her future increase & all & as my other estates above devised to my son William in trust for my said daughter to be equally divided amongst all the legitimate children of my said daughter who shall be living at her death or their legal representatives to them & their heirs forever.
Lastly I do nominate & appoint my sons Benjamin Kidd & James Kidd Executors of this my last will & testament hereby revoking & making void all & every other last will & testament by me heretofore made. In witness whereof I have hereunto affixed my hand & seal this [illegible] day of September in the year of our Lord one thousand seven hundred & ninety two.
Sealed, signed, & acknowledged XXXXXXXXX
in presence of
John George
Robert Stamper
Churchill Blakey
John Quarles

At a court held for Middlesex County at the courthouse in Urbanna on Monday the 22nd day of February 1796.
This last will and testament of James Kidd deceased was presented in court by Benjamin Kidd & James Kidd the Executors therein named and this will was proved by the oaths of the witnesses thereto and ordered to be recorded. And on the motion of the said Executors who made oath according to law, certificate is granted them for obtaining a probate thereof in due form, giving security whereupon they with Thomas Blake, James Kidd, Tobias Allen and Nathan Shipley their securities entered into and acknowledged their bond in the penalty of ten thousand dollars with condition according to law.
Exam’d Test Will Churchill
Truly recorded Test Will Churchill Clk

WB:48

Last Will & Testament