1856 - Howard to slaves - Orange Co, VA

1856 - Howard to slaves - Orange Co, VA

03/24/1856

2

I Charles P. Howard of the County of Orange do hereby make my last will and testament in manner and form following, that is to say-
1 I direct that all my just debts be paid by my executors as soon after my death as it shall be practicable.
2 It is my will and desire that my executors procure suitable slabs of marble, and cause them to be placed at the head and foot of the grave of my dear wife in the family burying ground of the Taylor’s at Mr. Thomas Scott’s with her name, and the times of her birth and death engraved thereon, and that which shall please God to call me hence, they cause my remains to be laid by the side of hers, and slabs to be placed at the head and foot of my grave of the like material and with the like inscription thereon applicable to myself.
3 I hereby manumit and set free all the slaves and servants I may die possessed of, or entitled to, and all the future descendants of the females, their emancipation to take effect and be fully accomplished at (and not before) the end of the year of our Lord in which I may die, or such subsequent period as is hereinafter indicated. And feeling an anxious concern for their welfare and an earnest desire to put them in situations wherein they may be comfortable, and enjoy the benefits intended them, I hereby appropriate out of the residue of my estate the sum of five thousand dollars to be expended, distributed and paid by my executors as follows. All my slaves and servants, and their descendants so set free (and whom for brevity sake I shall herein after call my freedmen) are (except as shall be presently mentioned) to be removed in a body to some one of the states of territories of the United States in which slavery by law shall not at that time exist. Such state or territory to be selected by my executors who may act, or a majority of them, and the removal thither of my freedmen to be conducted by William C. Moore Sen of the County of Orange, if his services without employment can be obtained by the rest of my executors who may act at a rate of compensation deemed reasonable by them or a majority of them, otherwise it shall be conducted by such other person as my said executors or a majority of them may employ for the purpose, and the compensation of the said William C. Moore, if he shall act, or of such other person as may act herein to be paid out of my estate both for conducting the said immigration and also for performing the other services in behalf of my said freedmen which are hereinafter mentioned, but all the other expenses of the said immigration are to be defrayed out of the sum of five thousand dollars, that sum and the contingent addition to it hereinafter mentioned shall be divided equally among all my said freedom, male and female, old and young, living at the time when their emancipation shall become complete as aforesaid, and the respective shares thereof shall be disposed of as follows;
Those of my said freedmen who desire not to remove in manner aforesaid may choose for themselves, if in the judgment of my executors who may act, or a majority of them, they shall be of an age and discretion fit to judge on that subject for themselves, and to such shall be paid their respective shares of the sum directed to be divided as aforesaid, moreover, of those so declining to immigrate with the reset of any shall have descendants not of an age and discretion fit to judge on that subject for themselves in the opinion of my said executors, or a majority of them, in that case the ancestor or ancestors so declining to immigrate may choose for the descendants or any of them, if and so far as in the judgment of said executors, or a majority of them, he, she or they may be deemed fit to exercise such control, and the respective shares of the sum directed to be divided as aforesaid, which shall have been set apart for such descendants, shall be paid either to each descendant himself or herself, or to the ancestor for him or her as shall be best for then, and most likely to conduce to their happiness in the judgment of my said executors or a majority of them. The remaining shares of the sum so as aforesaid directed to be divided shall then be consolidated again into one sum which shall be paid into the hands of the aforesaid William C. Moore Sen if he shall conduct the immigration aforesaid, or into the hands of such other person as shall be employed in manner aforesaid to conduct it, and out of it, he shall defray the expenses of such immigration, other than his own until the party shall have arrived at their place of destination when they shall so have arrived, it shall be his duty to divide what shall remain of that sum equally among all my said freedmen, who shall so have immigrated, male & female, old and young, living at that time, and the respective shares thereof shall be disposed of as follows. The shares of those whom my said executors, or a majority of them, shall have judged fit to be entrusted with the management of their own money, shall be paid over to them. And if any such shall have descendants not fit to be so entrusted in the opinion of my executors, or a majority of them, in that case, the shares of the descendants shall be paid for them to the master, if and so far as my said executors, or a majority of them, shall have deemed it best for them, and most likely to conduce to their happiness, and shall have directed payment to be made accordingly.
The shares of the rest shall be laid out as follows: where a man and a woman shall happen to be living together as man and wife, and openly acknowledging mutually that relation between them at the time, the investment shall be made which is hereinafter directed, their shares, and the shares of all their children & descendants who are single, and have not attained the full age of twenty one years, shall be paid out in land, and that land shall be conveyed to the man and woman for their joint lives, and the life of the survivor in trust for the support and maintenance of themselves, and their said descendants, and all other their descendants born during the lifetime of such survivor with remainder to their children and other descendants living at the death of such survivor to be divided among them in the same proportions as if they were taking by inheritance from such survivor where a parent whether father or mother without or a wife in the case, or a husband in the other, shall happen to be living with his or her children or descendants or any of them at the time of making such investment as aforesaid, the share of such parent and the shares of his or her descendants so living with him or her, and who shall be single and under the age of twenty one years shall be laid out in land, and the land shall be conveyed to such present for his or her life in trust for the support and maintenance of himself or herself, and his or her said descendants, and all other his or her descendants born during his or her life with remainder to his or her children, and other descendants living at the death of such parent, to be divided among them in the same proportions as if they were taking by inheritance from such descendant.
Provided, that in either of the foregoing cases, the trust for support and maintenance and the limitation in remainder shall not move to any descendant living at the time of such investment and whose share of the money aforesaid shall not have been laid out with land or conveyed, or to any descendant or such descendants if there shall be any other descendant, such husband and wife or the survivor of them in the one case, or of such parent, in the other case living at the time when such remainder shall rest in possession. And in all other cases each individual share of the said money shall be paid out in land, and the land conveyed to the owner of such shares in fee simple, save and except in all the foregoing cases that so much of the said shares as may be necessary for setting up the said freedmen in the business of agriculture, shall be laid out in agricultural implements, provisions and other necessaries which (so far as they shall not be consumed in the use) shall go in the same manner as the land to be purchased with the residue of those shares. If from any cause funds sufficient for the purposes of this clause of my will should not be raised, and in hand from the residue of my estate before the time shall arrive at which my freedmen would be compellable to leave the State of Virgina if they were then free, in that case it is my will and desire that their emancipation shall not take effect till such funds shall have been raised and in the meantime they shall be hired out by my executors and the proceeds of their hires (after defraying the expenses of supporting such as may be chargeable) shall be added to the aforesaid sum of five thousand dollars for their benefit. The investment I have directed and the other services of all kinds for the benefit of my said freedman in this clause of my will mentioned are to be performed by the aforesaid William C. Moore or such other person as may be selected in his place as aforesaid, who shall use his discretion respecting the investments aforesaid, whether to purchase land in several parcels, or in one body, but in whatever manner the purchases shall be made, the conveyance herein before directed much be in severally by meter and bounds, and the compensation for all the said services as well as that for conducting my said freedman away from this state is to be paid out of the residue of my estate until their emancipation is completed my said freedmen are to be regarded as a part of my estate, and fed & clothed, and otherwise maintained at the expense of it in like manner as if freedom were not hereby imparted to them.
I will and direct that all my estate of whatever kind not otherwise disposed of by this will and testament shall be sold by my executors upon the following terms, to wit; the personal estate for cash whenever the aggregate purchases of the same purchases shall not amount to the sum of ten dollars, in other cases upon a credit of nine months with interest from the day of sale, to be secured by the bonds of purchasers with sufficient surety, but the bonds to be endorsed, that the interest will be remitted if the principal be punctually paid. The real estate may be sold privately or publicly as my executors in the exercise of their discretion may think best, the concurrence however of a majority of those who may act shall be requisite for authorizing a private sale, but in whichever mode it shall be made the sale shall be for one tenth of the purchase money in case, and the balance in the equal annual installments the purchaser giving bonds with good personal security and a deed of trust upon the land to secure the payment thereof.
5 I give and bequeath to Willis Dangerfield whom I emancipated some years since, and who, when last heard from was living in Alleghany City, in the State of Pennsylvania, the sum of four hundred dollars if he be living at the time of my death. If he be then dead, I give and bequeath the same sum to his children who shall be then living, and to the descendants, if any, then living of any predeceased child or children of the said Willis Dangerfield, to be divided among them so as to give an equal share to each living child, and to all the descendants of each predeceased child, all such descendants representing such predeceased child, and taking that one equal share which such child, if living, would have taken and diving the same among themselves in the same proportions as if it had come to them in a course of succession at intestate from such predeceased child.
6 I give and bequeath to Polly McNeal whom also I emancipated some years ago the like sum of four hundred dollars if she be living at the time of my death. If she be then dead, I give and bequeath the same sum to her children and descendants in like manner and I have in the preceding clause given and bequeathed to the children and descendants of Willis Dangerfield.
7 I give and bequeath to Mary Ann Pittman lately (and perhaps still) residing near “Mount Holly” in the State of New Jersey the sum of five hundred dollars, if she be living at the time of my death. If she be then dead I give and bequeath the same sum to her children and descendants in like manner as I have in the two preceding clauses given and bequeathed to the children and descendants of Willis Dangerfield and Polly McNeal respectively.
8 I give and bequeath to my nephew John Howard Hill (son of my deceased sister Alice) late of Philadelphia the sum of three thousand dollars.
9 I give and bequeath to my nephew Howard Malcolm (son of my deceased sister Deborah) the like sum of three thousand dollars.
10 I give and bequeath to my sister Deborah Millbrook all my silver plates.
11 Before the payment of any legacy herein before given I direct that the provisions herein before made for the benefit of my servants and slaves and their descendants shall be come into full and complete effect. And after that shall have been done, and all the legacies herein before given shall have been satisfied, I direct that my executors invest the sum of eight hundred dollars, or whatever sum less than that shall remain of my estate in bonds of the Commonwealth of Virginia commonly called state stock or in some other good public security or securities, and from time to time invest in like manner the dividends or interest accruing there from so as to make the same an interest bearing or income yielding subject until my servant girl or slave named Henrietta, daughter of my servant woman a slave named Phillis, which Henrietta is now about seven years of age, shall attain to the age of eighteen years or an age even under that, but yet one at which my said executors or a majority of those of them who shall act may deem it prudent and advisable to settle the same on her, or for her benefit, or the benefit of her children. And when the said Henrietta shall have attained the age of eighteen years, it shall be the duty of my said executors and when she shall have attained such other age as is above mentioned, it shall be in their power to settle the fund herein before set apart, and directed to be invested with all its accumulations, either upon her so as to be in her absolute power, or upon trustees or a trustee for her benefit alone, or for her benefit and that of her children and descendants, as in the discretion of my said executors, or a majority of them may seem best, and most likely to promote the welfare and happenings of the said Henrietta; to whom after she shall have attained the aforesaid age of eighteen years my said executors, may if to a majority of them it shall seem well, transfer the said bond with all its accumulations, so as to put the same in her absolute power without the intervention of any guardian or other trustee. This bequest for the benefit of the said Henrietta is additional to, and not in part of, the general provision for the benefit of my servants and slaves, and their descendants which has been made in a former clause of this will. But should the said Henrietta die before attaining either of her future ages herein before mentioned or afterwards and without either being named or leaving issue living at the time of her death, then the fund in this clause of my will created and all the accumulations thereof herein before directed to be turned into principal, shall revert to my estate and be governed by the residuary clause following.
12 All the rest and residue of my estate by which kind soever it may be not herein before effectually dispose of I give, devise, and bequeath to my grand nephew Charles H. Malcom his heirs, executors & administrators forever.
13 And I do hereby appoint my friends Philip S. Fry, Thomas L. Slaughter, John Willis, Lewis B. Williams, the aforesaid William C. Moore Senior, and William Green executors of this my last will and testament, they shall not be required to give any security at the time of their qualification as such, and in order that they or such of them as shall act may not be hindered or delayed in the prompt performance of the duties imposed upon them, I do hereby authorize, empower, and direct them, if any litigation or controversy should arise or be likely to arise during their administration of my estate and connected there with to submit all such matters to arbitration, and abide by any award which may be property made thereon.
In testimony of all which and hereby declaring which is contained in this, and twelve preceding pages to be my last will and testament. I hereunto set my hand & affix my seal this 23rd day of August eighteen hundred and fifty four.
Charles P. Howard (seal)
Signed, sealed, published and declared by the above named Charles P. Howard as and for his last will and testament in the simultaneous presence of us, the undersigned, who at his request and in his presence and in the presence of one another, do hereby attest the same.
Teste
W.D. Clark
Wm G. Williams
G.W. Hansbrough

I do hereby declare this as a codicil to, and a part of my foregoing will. Having in the third clause of that will appropriated out of the remainder of my estate, for the benefit of my slaves and servants, to be applied in the manner therein set forth, the sum of five thousand dollars, and having since that will was written and before the execution thereof by me, emancipated or agreed and bound myself to emancipate three of my servants named Robert, Lucian, & Quintus for whom I leave other provisions and thinking it possible that the original number (party) of my said slaves and servants may be further reduced by death or emancipation, or by some other cause. I do therefore will and direct that should the said original number of my said slaves and servants be found reduced at the time when their freedom becomes complete, as provided for in my said will, there shall be a reduction or abatement of the said sum of five thousand dollars proportioned to the number of slaves or servants so reduced and the sum thus taken from the said $5000 shall revert to my estate and be dispose of as provided in the twelfth clause of the said will. But should the original number (party) of my said slaves and servants at the time mentioned be the same or greater, by reason of any purchase or purchases which I may make or by future increase of the females thereof, then no reduction or abatement is to be made in the said sum of five thousand dollars. In testimony whereof I hereto put my hand and seal this 23rd day of August eighteen hundred and fifty four.
Acknowledged & published by the Charles P. Howard (seal)
testator as a codicil to and a part
of his foregoing will in presence of
us who have subscribed our names
hereto in his presence and at his
request and in the presence of each
other.
Teste
W.D. Clark
Wm G Williams
G.W. Hansbrough

At a quarterly court held for the County of Orange at the courthouse on Monday the 24th of March 1856. This last will and testament of Charles P. Howard deceased was proved by the oaths of W.D. Clark and William G. Williams witnesses thereto, and together with the codicil thereto annexed which was also proved by the oaths of the said W.D. Clark & William G. Williams witnesses thereto, ordered to be recorded. And on the motion of Philip S. Fry, William C. Moore Senr and Lewis B. Williams executors therein named who made oath thereto according to law, and severally entered into and acknowledged a bond which is ordered to be recorded without security (the will directing that none should be required) in the penalty of seventy thousand dollars conditioned as the law directs. Certificate is granted them for obtaining a probate thereof in due form.
Teste

WB 12:211

Last Will & Testament

further research necessary to ascertain names of other individuals freed; estate to pay for transport and resettlement in a free state