1828 - Lowrey to Mitchell - Washington Co, VA

1828 - Lowrey to Mitchell - Washington Co, VA

12/16/1828

5

I David Lowrey of Washington County Virginia, knowing the
uncertainty of life, and wishing to dispose of the property with which God
has blessed me, do make this my last Will and Testament.

I will and bequeath to my brother James Lowrey during his natural life
the tract of land in this County on which he now lives, being the same I
lately conveyed to my nephew Robert E. Lowrey & he reconveyed to me
again. And should my said brother James out survive him, I will
for one third of said tract of land to be taken from the lower end and
including the dwelling house during his natural life: and at the
death of my said brother I will and bequeath said tract of land to John
& Montgomery Lowrey sons of my nephew Robert E. Lowrey and to John
Lowrey son of my nephew David Lowrey, my said nephews being sons
of my brother John Lowrey, and to their heirs forever.

I will and direct that my Executor hereinafter named sell the
residue of my real estate, and the proceeds of this sale is to be applied
in paying the pecuniary legacies herein after mentioned.

I will and request that out of the same, to my nephew David Lowrey
above named, five hundred dollars; To David Lowrey son of my
brother William, five hundred dollars. To my sisters Elizabeth Doran
& Jane Keys one hundred and fifty dollars each; To David and
Elizabeth Steel son and daughter of my sister Rebecca seventy
five dollars each, and to William Lowrey son of my brother William
three hundred dollars. And the balance of the price of said real
estate whatever it may be, I direct to be equally divided between
my nephews John, William, Robert E. & David Lowrey sons of
my brother John, my sisters Elizabeth & Jane, my brother William's
son David, my sister Rebecca's son David & daughter, Elizabeth
& my brother William's son William.

I will and bequeath to my nephew Robert E. Lowrey above named, my
slave Orestes[?] a mulatto boy and Phebe a black girl & to his heirs.

I will and bequeath to my nephew David Lowrey above named my
slaves James & Mima[?] children of Fan, and one hundred dollars in
cash and in consideration of this legacy he is to take care of a support
my aged negro woman Fan whom I commit to his care, in confidence
that he will do his duty.
I give and bequeath to my said nephew David's daughter Dorcas
a negro child named Hetty, daughter of Mima, and to his son James
a negro girl named Anna.
I give and bequeath to my nephew John Lowrey son of my brother John
My slave Ruthy now twenty years of age, until she arrives to the age of
twenty [illegible], then I emancipate and forever set free the said Ruthy.

I give and bequeath to my nephew William Lowrey son of my brother John
my negro boy Russell seventeen years old now until he arrives to the age of
thirty and then I emancipate and set free the said Russell. I also
give to my said nephew William, my boy Mitchell and my boy Robert now
five years old sons of Hannah until Robert is twenty one years old, and
I then Emancipate & set free the said Mitchell & Robert forever.

I hereby emancipate and set free my negro woman Hannah — and I
will and direct that she shall have a small mare now claimed by her,
a cow and her clothes & furniture.

I will and bequeath to Elizabeth Montgomery daughter of my brother
Robert Lowrey my yellow girl Eliza and forty dollars in cash.

I will and bequeath my desk to my nephew sd. nephew David’s daughter Polly.
My stock of horses, cattle, hogs and sheep I direct to be sold and out of the
proceeds I direct fifteen dollars to be paid to each person to whom
I have willed a slave — and it is my request that they give the said
sum to the slave or apply it to their use: and whatever remains of the
proceeds of the sale of said stock, I direct to be equally divided
between Hannah and her two sons whom I have emancipated. I
direct my farming utensils to be sold and out of the proceeds twenty
dollars be paid Hetty Hays daughter of Robert Montgomery.
The balance of the proceeds of my personal estate, after paying all
demands against my estate, I direct to be equally divided among my
brothers and sisters’ children.
I hereby constitute and appoint my nephew Robert E. Lowrey
Executor of this my last Will and Testament. In Witness whereof
I have hereunto subscribed my name and affixed my seal this first
day of May 1827.
Signed sealed & acknowledged before}
Bailey H. Hillan[?]
David Campbell              David Lowrey L.S.
At a Court held for Washington County the 16th day of December
1828. The Last Will and Testament of David Lowrey Senr. deceased was
exhibited in court and proved by the oaths of David Campbell & Bailey
Hillan the witnesses thereto and ordered to be recorded. And on the
motion of Robert E. Lowrey the Executor therein named who took the oath of an
executor prescribed by law and entered into and acknowledged his bond in the
sum of fifteen thousand dollars with John Ketron[?], Thomas McSpadden[?],
William Hickey, Samuel Moorne and James Houston his securities
conditioned as the law directs. A Certificate is therefore granted [illegible]
for the probate of the said Will in due form.
    Teste
    Jacob Lynch D.C.

WB 6:66

Last Will & Testament