1846 - Powell to James - Fairfax Co, VA
Manumission Item Data Item Type Metadata
Date
02/16/1846
Manumitter
Manumitted
Number of Persons
1
Text of Freedom Document
Knowing the uncertainty of human life, I Beverly Powell of the County of Sangamon & State of Illinois, being of sound will and testament in regard to my negro man James, now hired out in Fairfax County, Virginia. It is my will and desire that the said negro man James shall be hired out for three years at the expiration of which time, if the said James wishes to be free, my will is then that he shall have his free papers and fifty dollars in money, but if the law is such in Virginia that he cannot be free and remain in that state, and he does not choose to leave the state, then and in that even he shall be hired out until he does full disposed to leave Virginia. If he is hired out longer than the three years above named, one third of the hire shall be reserved from year to year to be applied to the support of the said James, in case of his inability to support himself. It is my desire that the remaining two thirds shall be divided equally between the following named persons: Lucinda O. Saunders, Jane E. Peake, Catharine C. Powell, Elizabeth B. Powell & Jane Powell, provided no debts or debt shall come against my father’s estate in which I will have to pay my proportionable part – then and in that even the same that is proposed to be divided, or so much as my estate will have to pay, shall go towards liquidating the same. It is further my desire that under no circumstances whatever is James to be sold or any interest in him, but is to be free at any time after the expiration of the three years if he wishes to be. It is my wish that he shall have the privilege at all times of choosing the place to be hired, and that he shall have five dollars in money at the expiration of each year he is hired out. Lastly, I do hereby direct that the said negro man James shall be retained in the possession of Edmund O. Powell whom I hereby appoint executor to this my last will and testament. In testimony whereof I have hereto set my hand and seal this the 12th day of May eighteen hundred and forty five.
Signed, sealed, and published by the Beverly Powell (seal)
testator as his last will & testament in
presence of us and each other
E.B. Hawley
Wm B. Peake
State of Illinois
Sangamon County
I Thomas Moffett, Probate Justice of the Peace within and for said county of Sangamon do hereby certify that on the probate court of said county a writing purporting to be the last will & testament of Beverly Powell whereupon the subscribing witnesses E.B. Hawley & Wm. B. Peake were sworn & examined touching the execution of said will as the last will and testament of said Beverly Powell who is proved to be dead, whose statements were such as to establish said will and admit the same to record according to the laws of the state of Illinois. And I do furthermore certify that the within is a true and perfect copy of said original, which is recorded & on file in said court of probate.
Witness my hand and private seal (there being as yet no public seal provided for said court, my private seal is here substituted) this 14th day of January A.D. 1846.
Thomas Moffett Pro. J.P.S.C. (seal)
State of Illinois
Sangamon County
I Noah W. Mathews Clerk of the County Commissioners Court for said county, as hereby certify these Thomas Moffett whose name is subscribed as above was on the day the same bears date Probate Justice of the Peace in and for said county duly commissioned and qualified as appears of record and that as such full faith and credit are due to all his official acts. Given under my hand and seal of office at Springfield this 14th day of January A.D. 1846.
N.W. Mathews Clerk
At a court held for the County of Fairfax the 16th day of February 1846. This authenticated copy of the last will and testament of Beverly Powell dec’d was this day presented to the court and admitted to probate and thereupon Edmund O. Powell the executor therein named qualified according to law. Bond in the penalty of one thousand dollars William H. Moore security the admin granted to E.O. Powell on said estate at Oct’s court last being first set aside.
Examined Teste, WM Ball CC
Signed, sealed, and published by the Beverly Powell (seal)
testator as his last will & testament in
presence of us and each other
E.B. Hawley
Wm B. Peake
State of Illinois
Sangamon County
I Thomas Moffett, Probate Justice of the Peace within and for said county of Sangamon do hereby certify that on the probate court of said county a writing purporting to be the last will & testament of Beverly Powell whereupon the subscribing witnesses E.B. Hawley & Wm. B. Peake were sworn & examined touching the execution of said will as the last will and testament of said Beverly Powell who is proved to be dead, whose statements were such as to establish said will and admit the same to record according to the laws of the state of Illinois. And I do furthermore certify that the within is a true and perfect copy of said original, which is recorded & on file in said court of probate.
Witness my hand and private seal (there being as yet no public seal provided for said court, my private seal is here substituted) this 14th day of January A.D. 1846.
Thomas Moffett Pro. J.P.S.C. (seal)
State of Illinois
Sangamon County
I Noah W. Mathews Clerk of the County Commissioners Court for said county, as hereby certify these Thomas Moffett whose name is subscribed as above was on the day the same bears date Probate Justice of the Peace in and for said county duly commissioned and qualified as appears of record and that as such full faith and credit are due to all his official acts. Given under my hand and seal of office at Springfield this 14th day of January A.D. 1846.
N.W. Mathews Clerk
At a court held for the County of Fairfax the 16th day of February 1846. This authenticated copy of the last will and testament of Beverly Powell dec’d was this day presented to the court and admitted to probate and thereupon Edmund O. Powell the executor therein named qualified according to law. Bond in the penalty of one thousand dollars William H. Moore security the admin granted to E.O. Powell on said estate at Oct’s court last being first set aside.
Examined Teste, WM Ball CC
Record Location
WB U:350
Document Type
Last Will & Testament
Files
Collection
Citation
“1846 - Powell to James - Fairfax Co, VA,” Manumission Project, accessed July 12, 2026, https://manumissionproject.omeka.net/items/show/3495.