1843 - Webb to James, et al - Orange Co, VA

1843 - Webb to James, et al - Orange Co, VA

08/28/1843

4

In the name of God Amen. I Thacker V. Webb of the County of Orange and State of Virginia do make and ordain this to be my last will and testament in manner and form following to wit: I will and direct that all my just debts shall be paid. I will and direct that at and after my death my slaves James, Joseph, Kendall, Judy and all the remainder of them both old and young (not enumerated and specified by their respective names) and all the future increase of all the females be, and they are hereby fully and entirely liberated, and forever emancipated and set free from the involuntary service of all and every person or persons whatsoever, and that no operation of any law whatsoever shall be allowed, or in any wise prevent the said slaves from receiving and enjoying their full entire and complete freedom and emancipation. I will and direct that my executor or administrator herein after named shall procure a home for the slaves or persons above liberated in some non slave holding state, and for this purpose I hereby appropriate the sum of four thousand dollars to be laid out in land, farming utensils and bearing their expenses, and if any overplus shall remain, I direct it to be equally divided among them all and given to the fathers and mothers or their joint use and benefit. I will and direct that independent of the four thousand dollars appropriated as above, my executor procure two wagons and teams with four good horses to each wagon to remove the slaves or persons herein liberated to wherever he may locate or find a suitable place for them, the cost of the wagons and teams to be paid out of my estate not otherwise as above disposed of, I will and direct that my executor procure one horse and a carry all to convey the woman Judy, above liberated, to the home provided for them all and then the carry all and horse shall become her individual property. Also I give the said woman Judy one feather bed and furniture. I give all my blacksmith’s tools to James and Guilford, and all my carpenter’s tools to Kendall and Randall, and I give to all my emancipated slaves all their respective plantation tools. I will and direct that the salves or persons hereby liberated shall remain altogether on the home herein provided for them and the land to be held by them as a common home for them all so that no one, or more of them can or shall sell or otherwise dispose of his or her interest therein to the prejudice or injury of the others. And that in case of the death or removal of any of them, their interest shall descend or revert to all the rest jointly. And I give to the slaves herein liberated one of the wagons and five of the horses above mentioned for their joint use and benefit, the other wagon and three horses are to return to the body of my estate. And I do request that my brother Charles Webb (in person) to remove the slaves or persons herein liberated and buy a home for them with the money above appropriated for that purpose, and superintend and settle them thereon; and for the heavy burden thus required of him, I give him the sum of two thousand dollars over and above what I shall hereinafter give him, and if from any course he should not perform this service in person, I do hereby authorize and empower him (at his discretion) either to employ some trustworthy person or persons to act in his stead upon such terms as they may agree to, such person to be paid out of the two thousand dollars above mentioned, or to furnish them here in Virginia with the sum of eighty dollars ahead to both old and young and give the money to the fathers and mothers for their joint benefit in buying a home for themselves and should my brother adopt this last measure towards these liberated slaves, I give the slaves both wagons and the teams entirely with a good stock of provisions to start upon. Now in order to enable my executor to carry into full effect the foregoing and all other provisions contained in this will, I do hereby authorize and direct him to draw all my money deposited in bank, and to sell all my real estate as soon as can be suitably and advantageously done. And all the balance of my personal estate not otherwise disposed of (always excepting my emancipated slaves) and collect all the debts due my estate; and after having done so, and having paid all the charges and expenses incident and relating to the removing and selling the emancipated slaves, I will and direct him to pay out of the funds in his hands and without interest, the following legacies to wit: to my brother Wm C. Webb five hundred dollars, to my brother Charles Webb three hundred dollars, to my brother Jn V. Webb five hundred dollars, to my two nephews (now in Missouri) named Jno V. Webb five hundred dollars each, and to each of their sons named Thacker V. Webb five hundred dollars to be immediately laid out in land by their respective fathers if it can be advantageously done. If not, it is to be put out upon interest and kept so until they severally arrive at the age of twenty one years, when the principal and interest are to be paid them in full, and as my only sister has lately depart this life, I direct my executor to pay to each of her four youngest children one hundred dollars hereby excluding her oldest daughter from sharing at any time in the same and after my executor shall have complied with, and performed all the foregoing requirements the residue of my estate whatever it may be, I give to my brother Charles Webb. And now should any person or persons whatsoever either directly or indirectly, or in any manner attempt, aid, or abet or shall assist in abetting, aiding, or attempting to impair, invalidate, set aside or destroy all or any part of this will, I will and direct that such person or persons shall positively be utterly excluded and forever prohibited from receiving or inheriting any part or portion of my estate whatsoever. And lastly I do appoint and constitute my brother Charles Webb executor to this my last will and testament, hereby revoking and annulling all wills and every will heretofore made by me. And I further will and direct that the court shall not require my brother Charles Webb to give any security as executor of this my last will and testament. In witness whereof I have hereunto set my hand and affixed my seal this eleventh day of April, and in the year of our Lord, one thousand eight hundred and thirty eight, all the interlineations being duly made before signed.
Signed, sealed, declared and Thacker V. Webb (seal)
acknowledged by Thacker V. Webb
to be his last will and testament
and witnessed by
us at his request
Reuben Newman Jnr.
James Newman
Lewis R. Bradley
Alexander Swan Jr.
Rich’d M. Chapman

I Thacker V. Webb of Orange County, Virginia by way of codicil to my last will and testament, which bears date the 11th day of April 1838 do hereby direct that it is my intention and will that all my slaves which I now own, an the future increase of the females thereof shall be emancipated and become free as is set forth in the said last will and testament. And in relation to the four thousand dollars which I have directed therein to be laid out in a home for them, it is my intention that all my said slaves both old and young, embracing the said future increase shall become entitled to an equal share thereof and I shall be so divided amongst them as that the head of such family, male or female, shall have assigned to him or her so much of the land which may be purchased with the said money as amounts to his or her share of the said four thousand dollars and the shares of his or her said descendants being members of his or her family, and which shall be conveyed to him or her for this or her life only and said shares shall then go to his or her children in fee simple. So that when the said land is purchased there shall be laid off and conveyed a separate lot or parcel of the same as a home for the use of the head of each family and the members of each family as above mentioned. It is also my wish and intention that if the said slaves should desire to have their respective shares of the four thousand dollars paid to them in Virginia instead of having it laid out in land for them in some foreign state, then and in that case my said brother Charles Webb, if shall deem it best to do so may pay over the same to the heads of families as above mentioned for the use of the members of such families respectively. As my brother John V. Webb is dead, the bequest of $500 to him in said last will and testament is hereby revoked. As witness my hand and seal this 9th day of August and in the year 1841.
Test Thacker V. Webb (seal)
Rich’d M. Chapman
James Newman
Reuben Newman Jnr.

At a quarterly court held for the County of Orange at the courthouse, on Monday the 28th of August 1843. This last will and testament of Thacker V. Webb deceased was proved by the oaths of Reuben Newman Jr., James Newman and Alexander Swan Jr. subscribing witnesses thereto, and with the codicil annexed, dated the 9th August 1841, which was proved by the oaths of James Newman and Reuben Newman Jr. attesting witnesses to the same, ordered to be recorded. And on the motion of Charles Webb, the executor appointed by the will, who made oath according to law, and entered into bond without security (the will directing that none should be required) in the penalty of fifty thousand dollars conditioned as the law directs, certificate is granted him for obtaining a probate thereon in due form.
Teste

WB 10:17

Last Will & Testament

wording implies additional individuals not named to be freed, codicil states all slaves to be freed and implies there are multiple families… land to be purchased by estate in a free state for the freed individuals. Additional names listed in WB 10:216