1854 - Newman to Jesse & George - Orange Co, VA

1854 - Newman to Jesse & George - Orange Co, VA

08/28/1854

2

I Jane S. Newman of the County of Orange being of sound and disposing mind do make and ordain this to be my last will and testament, hereby revoking all former wills. I emancipate and set free my slaves Jesse, George and Easther, and also such issue (if any) as Easther shall have born to her after the date of this will.
I also emancipate and set free William in the event of it being decided that he is my property; and in case the controversy respecting my title to him shall not have been terminated at the time of my death, I direct my Executor to use all proper means to ensure success.
I give and bequeath to my brother in law Reuben Newman the looking glasses that formerly to his father, William Newman, now deceased.
I give and devise to Richard Stephens (who is hereinafter appoint my executor) and his heirs forever the graveyard, as it is now enclosed on the land where my late husband & I resided to be held forever in trust for the use of the Newman family. All the rest and residue of my estate of every description whatever, real, personal or mixed which I may have or be entitled to at the time of my death, I give, devise and bequeath to my executor for the following uses and purposes, that is to say he shall as soon as conveniently may think best: and after the payment thereout of all my just debts shall pay to the above named Jesse the sum of five hundred dollars to the above named George the sum of two hundred dollars; and to the above named Easther the sum of five hundred dollars. He shall also pay to William (above mentioned) the sum of five hundred dollars, in the event of its being decided that he is my property, so that this will shall operate to emancipate him. In case the above named Easther shall die in my lifetime, leaving issue born after the date of this will, such issue as born after the date of this will if living at the time of my death shall have the two hundred dollars, which Easther, if alive, should take by virtue of this will. My object and intention being to provide means for the slaves hereby emancipated to remove and settle themselves beyond the limits of Virginia. In case of a deficiency of assets, the legacies hereby given the said slaves respectively shall abate proportionally.
After the payment of the above mentioned legacies or of such of them as shall not lapse, I desire that whatever may remain of the proceeds of sale of my estate shall after paying thereout a legacy of five dollars, which I hereby give to Arthur Stephens, be equally divided between Livingston N. Stephens, Richard Stephens, Julia Ann Parrott, Eliza Jane Stephens, Wesley Stephens, Mary Fletcher Stephens and Joseph Stephens Junior, or the survivors of them, or if there be but one of them surviving at the time of my death then that one shall take the whole. I have not included Priscilla Stephens among my legatees because she has been provided for by the will of my late husband Thomas Newman. I hereby appoint Richard Stephens executors of this my last will & testament and enjoin upon him the faithful discharge of the duties hereby imposed, especially as regards the slaves whom I design to liberate.
In testimony of all which I have hereto set my hand and seal this sixth day of May 1848.
Jane S. Newman (seal)
Signed, sealed, published and
Declared by the testatory Jane S. Newman
As and for her last will & testament
In the presence of us, who in her presence
And at her request have hereunto subscribed
Our names as witnesses to said will
P. S. Fry
R.S. Boulware
I, Jane S. Newman do hereby make this codicil to my foregoing will hereby revoking so much thereof as may be inconsistent with the provisions of this codicil.
First – I do hereby give the bequest mentioned in my said will to my nephew Livingston N. Stephens to him in trust for his children with the understanding that he shall not be held to give security nor be required to account for profits nor shall the said bequest or profits be subject to his debts heretofore contracted, and at his death be equally divided among his children Mary, Lucy, and Sarah H. or the survivor of them, and if there be no survivors then to his mother, Mary Stephens if living, if not to be equally divided among his brothers and sisters.
Second – I give to my sister Mary Stephens my slave Easther purchased by me since the date of my said will and in order to provide that she may not become a charge and be well cared for in sickness and old age. I also give to my said sister one hundred dollars to be paid to her by my executor.
Lastly It is my will and desire that no suit may be brought to recover or collect any debt due my estate from my sister Mary Stephens, either in her own right or as executrix of her late husband Jos Stephens and that she may be allowed such indulgence on such debt or debts as she may deem necessary.
In testimony of all which I have hereunto set my hand and seal this 31st day of March 1854.
Jane S. Newman (seal)
Signed, sealed, published and declared
by the testators Jane S. Newman’s as
and for her codicil to her foregoing
will in the presence of us who in her
presence and at her request have
hereunto subscribed our names as
witnesses to the said codicil.
Jos. Hiden
James C. Hiden

I do hereby charge my nephew Richard Stephens with fifty dollars to be accounted for as so much advanced to him as a legacy.
Teste Jane S. Newman
Jos Hiden

At a quarterly court held for the County of Orange at the courthouse on Monday the 28th of August 1854. This last will and testament of Jane S. Newman deceased was proved by the oaths of P.S. Fry and Richard S. Boulware the witnesses thereto and together with the codicil thereto annexed which was proved by the oaths of Joseph Hiden and James C. Hiden the witnesses thereto, ordered to be recorded.
Teste

At a quarterly court held for the County of Orange at the courthouse on Monday the 27th of November 1854. On the motion of Richard Stephens the executor named in the last will and testament of Jane S. Newman deceased, who made oath thereto according to law and together with Wesley Stephens and Mary Stephens his securities entered into bond acknowledged a bond which is ordered to be recorded in the penalty of eight thousand dollars conditioned as the law directs, certificate is granted him for obtaining a probate thereof in due form.
Teste

WB 12:105

Last Will & Testament

estate to pay for transport and settlement in a free state