1825 - Ross to Austin Peay - Middlesex Co, VA

1825 - Ross to Austin Peay - Middlesex Co, VA

06/27/1825

1

In the name of God I James Ross of Cedar Park in the County of Middlesex being of sound mind and disposing memory, do make & constitute this my last will and testament. In the 1st place I do nominate and appoint John Chew and Robert Healy Executors of this my last will and testament to whom and to the survivor of them I give and bequeath the real and personal property of which I may die possessed, or entitled to, after the payment of my just debts in trust for the uses and purposes following to wit.
1st Forty acres of land to Daphne West to be laid off to her on that part of my plantation (called Cedar Park) commonly known by the name of Dudley’s so as to contain a spring of water; also directing that as soon as possible after my death that out of the proceeds of my personal estate the said executors shall cause to be built for her a house eighteen or twenty feet square with a brick chimney, she being permitted to reside at my dwelling house until the said house directed to be built is completed, and that they shall them make her a deed in fee simple for said forty acres of land.
2ndly All the residue of said plantation called Cedar Park to be equally divided between William Woodford, David Woodford, Fanny Woodford, and Corbin Lane, allotting to D. Woodford that part on which the blacksmith shop stands, and as said division shall take place, the said executors shall execute a deed in fee simple to their respective paid to them.
3rdly That the said executors shall retain possession of my houses & lots in Fredericksburg for the separate use and benefit of Nancy Woodford, during the life of her present husband Ben D. Baptist and after his death convey the same to her in fee simple, and should he survive the said Nancy then on her death they shall convey the same to her children in fee simple.
4thly The negro girl little Daphne to Fanny Woodford, the boy Braxton (the son of Helen) to David Woodford, the negro boy James to Wm. Woodford, the negro boy Marlborough and girl Winny to Corbin Lane, little Ben to James Corbin, and to Daphne West the negro woman Hellen and that the same executors accordingly make bills of sale absolute.
5thly That my mulatto servant man Austin Peay may for his good and faithful services to me be emancipated by deed from my said executors according to law as soon as possible after my death, and of Daphne West aforesaid set up any claim to or on account of said Austin then all property devised or bequeathed in any part of this my will for her benefit to return to the mass of my estate.
6thly That all the blacksmith tools belonging to me at my death be delivered over in absolute right to David Woodford.
7thly That my blacksmith servant Ben Heard to be hired out annually and that proceeds of his hire be paid (after deducing all charges incident) two thirds thereof to Daphne West and the other third to said Ben, and that the said Ben Heard be emancipated by my executors in such manner as the law may direct, after the death of said Daphne West.
8thly That all the rest and residue of my estate except what is otherwise disposed of by this my will shall be sold to best advantage and the proceeds divided into eight parts & paid over, two to George Woodford, two to James Corbin, one to Wm. Woodford, one to David Woodford, one to Fanny Woodford and one to Corbin Lane.
9thly That the first choice bed bolster, pair of pillows, pair of sheets & pair of blankets be delivered over to Wm. Woodford and second choice of like articles to David Woodford, all in absolute right.
10thly That before any sale of my estate Wm. Woodford, David Woodford, shall receive in absolute right one cow and calf each, to have choice in the order of their names here mentioned, & that all dead orchards in the land (in the legal sense) at the time of my death shall be fore the use of those entitled to remain on the land aforesaid as per my final request.
Finally I request that portion of land to be paid off to Wm. Woodford may embrace the dwelling house and one half of the orchard behind the garden and including the land next to Steptoe’s line and on the opposite of the road a quantity of woodland sufficient therefore. And that Wm. Woodford, David Woodford, Fanny Woodford & Corbin Lane may be permitted equally to occupy the houses, outhouses, &c belonging to Cedar Park, under the control & at the discretion of my said executors until a division thereof is effected. In testimony whereof I have hereunto set my hand & affixed my seal this ninth day of May one thousand eight hundred and twenty five.
Signed, sealed, published, and declared James Ross (seal)
by the testator as & for his last will & testament
in presence of
Henry Muse Jr.
Rob’t Healy
Manus Rowan

At a court held for Middlesex County at the courthouse in Urbanna on Monday the 27th day of June 1825.
This last will and testament of James Ross dec’d was this day presented in court and the same being proved b the oaths of Henry Muse Jr., Robert Healy, and Manus Rowan, the witnesses thereto is ordered to be recorded & liberty is given the executors therein named to qualify at a future day.
Teste, Geo Healy CMC

WB 4:325

Last Will & Testament