1846 - Gibson to George Crump - Prince William Co, VA

1846 - Gibson to George Crump - Prince William Co, VA

11/08/1846

1

I John Gibson of the County of Prince William and State of Virginia being of sound and disposing mind and memory, but knowing the certainty of death and uncertainty of life, do make and publish this as my last will and testament, revoking and annulling all other and former wills by me made (date of said will Feb’y 19th 1845). In the first place I give and bequeath to my wife all my household and kitchen furniture of every description, including all portraits and pictures, and it is my desire that no inventory be taken of the same; what plate I have I devise in the same way. I also give and bequeath to my said wife Frances B. Gibson the following slaves to dispose of as she may see fit, to wit: Emily and her two children Ellen and Addison, Mary and her two children James Henry and Edinburg, Martha and her two children Robert and Lucy. I also give to my said wife upon the like terms my servants Kitty, Louisa, William Chin, John Chin, and Jesse Chin, all children and grand children of a servant I recently [illegible] called Patty Chin. I also give and bequeath to my said wife upon the same terms my slaves Julian and Angelina, children of a servant woman I [illegible] by the name of Harriet. The reason that I devise the foregoing slaves in a manner different from what I intend to devise the rest of my slaves is because the said Patty Chin and Harriet belonged to my wife before our marriage, and should any of the foregoing bequeathed females slaves have additional increase during my lifetime, then such additional increase to go in the same way that the salves hereinbefore named are given and bequeathed Susan Chin and her two children and what future increase she may have between this time and the time of my death I give and bequeath in the same way the foregoing named slaves are bequeathed. My man servant George Crump I leave free provided he wishes freedom in which event I leave him thirty dollars to be paid by my executors hereinafter named; and I leave him my best suit of clothes with my best hat I may have at my death provided the said George Crump survives me. If he does not desire his freedom, then it is my wish that he may select his own home and have the bequests made him. The balance of my slaves I leave to my dear wife Frances B. Gibson during her natural life provided she should not marry again; but in the event of her marrying, then it is my wish that she forfeit all interest in my slaves except the slaves hereinbefore devised to her absolutely; and they to go and pass as hereinafter directed. That is the slaves in which a conditional life interest is devised. All the rest of my estate, real, personal and mixed, I leave to my said wife after the payment of my debts, subject to the specific bequests hereinafter named; provided she should not marry, but if she marries then of my real [illegible] I only leave her for life my farm called Fleetwood and the parsonage I purchased from [?Bollis?], and in the event of her marrying it is my will and desire that my farms called Flat Brush and Gilead be at once sold on a credit of one, two, and three years and the proceeds divided according to the statute of descents of Virginia; and the slaves loaned her conditionally to be at once valued by persons appointed by the County Court of Prince William, and to enable said slaves to choose their own masters or mistresses (which they are authorized to do). I will and direct that one fourth of the appraised value of each slave be abated, and the proceeds to be divided as the proceeds arising from the sale of the farms Flat Brush and Gilead are directed to be divided. My will and desire is that any Bristol tract lot called the Rose Field near Brentsville as well as one half of my stock of horses, one half of my stock of cattle, and one half of my stock of sheep be sold on one year credit, and the proceeds arising therefrom to be applied first to the payment of my debts, and if there be any surplus, then that surplus I give and bequeath to my wife. My house and lot in Dumfries I direct to be sold by my executrix hereinafter named, and the proceeds applied in the same way as the proceeds of the Rose tract and of the stock. I have four gold watches; the one I wear and the best I leave to my wife for life, and her death I give and bequeath it t my nephew Frederick M. Gibson, son of my brother E.E. Gibson, if he survives her, and should he not survive her, then at my wife’s death I give it to the eldest son of my brother Edwin’s that he be living. The first choice of my other three gold watches, I give to my nephew John William Gibson, son of my brother Thomas G. Gibson, the second choice to my brother J.C. Gibson’s son called John, and the third to my sister Betsy Ferrel’s son called John. My silver watch of right belongs to my nephew John F. Gibson (it being the watch of my deceased father) who expressed a wish that he should have it. I therefore give and bequeath the same to him as well as release him from all he owes me by note or otherwise. I also give and bequeath to my said nephew John Francis Gibson the use of my law library for five years should he continued to practice so long, but should he decline to practice law before the expirations of that time then my will and desire is that the same be sold and the proceeds applied to the same as the proceeds arising from the sale of the stock I have directed to be sold: but should said nephew John F. Gibson continue to practice law for five years, then at the expiration of that time my will and desire is that said library shall become his absolutely. And it is further my will and desire that my executrix hereinafter named should furnish my nephew named with a horse of fifty dollars value, and moreover pay to him one hundred dollars as soon as collections can be made from the sale of any property hereinbefore directed to be sold. All the real estate loaned to my said wife for life I desire to be sold at her death, and the proceeds arising from such sale to be divided and distributed as the proceeds arising from the sale of my farms Flat Brush and Gilead are directed to pass and descend in the even of her marrying again. Should I die before sale is made of my interest in the Spring Hill farm in the county of Orange & State of Virginia, I give and bequeath to my two sisters Nancy & Frances forever, in even and equal portions. All the interest I have under the will of C.S. Hancock dec’d I devise absolutely to my wife subject however to the following qualification to wit: that she is to claim no interest in the children of the female slaves born since the death of C.[illegible] dec’d which female slaves under said will were to be free at attaining the age of twenty five years (as I know it was the intention of said testator that the increase should be free). As to the place of my interment, I leave to be selected by said wife. And whatever property I may not herein specifically devised, I give and bequeath to my wife. Lastly, I hereby constitute and appoint my wife Frances B. Gibson my sole executrix, and desire that no security be required of her. The foregoing will being all in my own handwriting, no witness of course is necessary. Signed and sealed by me the day and date first before written.
Jno. Gibson (seal)
Codicil to my foregoing will
I John Gibson within named do make this present codicil to my within will, which I hereby declare shall be taken as part hereof to wit, having purchased since the date of my said will a tract or parcel of land of William S.F. Alexander supposed to contain upwards of three hundred acres: I devise and bequeath that the same way I have bequeathed my farm Flat Brush pass and that my farm called the parsonage instead of passing as is hereinbefore directed, shall be sold and the proceeds thereof applied to any outstanding debts I may have unpaid, and to any specific legacies bequeathed. Should there be any surplus thereafter, then that surplus I give to my wife F.B. Gibson. I desire to be interred between two of the largest cedar trees on the highest eminence in my meadow in front of my house at Fleetwood, and to be covered with a slab with the following inscription: “Here rests the remains of Jno Gibson, formerly of the county of Orange but who settled in the County of Prince William in the year 1807 age 23, and the son of John Gibson dec’d late of the County of Orange, Virginia”. The same to be enclosed with a substantial stone or brick wall with no door entrance whatever, and should my farm Fleetwood be sold by those entitled to the reversionary interest in the same under my said last will and testament, I desire there shall be absolute reservation, not only of the place of my interment but of one acre of land immediately contiguous thereto making the place of interment the center of said acre of land. The foregoing codicil is wholly in my handwriting and is signed and sealed by me this 26th June 1845.
Jno. Gibson (seal)
Additional codicil to my last will and testament, made this 10th December 1845 in my own handwriting and under my own proper signature. The devise to my servant called George Crump “of my best suit of clothes at the time of my death” I hereby revoke, and in lieu thereof devise and give to him my second best suit.
Jno. Gibson
In Prince William County Court October 5th 1846
This writing purporting to be the last will and testament of John Gibson deceased, with two codicils annexed, was produced in court, and there being no subscribing witnesses thereto, John W. Tyler and Jno. P. Phillips were sworn and severally deposed that they are well acquainted with the testators handwriting, and verily believe the said writing and codicils annexed and the name thereto subscribed to be wholly written by the testator’s own hand, whereupon the said writing and codicils annexed is ordered to be recorded as the true last will and testament of the said John Gibson deceased.
1846 Nov. 8th Exex qualified Teste, J. Williams C.C.

WB P:271

Last Will & Testament