The Will of JOHN WALDEN of Caroline Co. Virginia
Posted by Eldred Melton
EMelton532@aol.com
In the name of God, Amen---I, John Walden, of the County of Caroline,
being in health, do make, constitute and appoint this to be my last Will and
testament.
First, I give and devise unto my wife, Sally, a piece of land to be taken
out of the tract whereon I now live--beginning above Thomas Crumpton's. where
Descon's line crosses Battle Swamp, running thence along Descon's line until
it strikes the path leading from my house to Benjamin Munday's, thence along
that path to the public road until it comes to a lane leading to my house,
thence along that lane until it gets past a corn field lying northerly from
the lane, thence leaving the lane and turning toward Battle Swamp so as to
include that field and to run one hundred yards easterly below its fence
until it strikes a small branch which heads in that field, then down that branch to
the main Battle Swamp, and then up the swamp to the beginning, upon which
said land the office is to be removed and fitted up as good as a house built for
her, at the expense of my estate, and the discretion of my executors, to
her, my said wife, for life, with a power of giving the same in fee, either by
deed, will or appointment, to or among my child or grand-child, children or
grand child proceeding from my first marriage. I also give to my said wife
the three slaves, Ben, Hannah and Lewis, four cows with calf, or four cows and
calves, as she chooses; her choice of all my horses; four head of sheep, such
as she may choose; a sow and pigs; half the fowls; her choice of a bed and
furniture; two quilts, such as she may may choose; twenty-five pounds worth
of such articles of the estate as she may choose, at the appraised value; and
one year's provision of corn, fodder, meal and wheat, according to the discretion
of my executors, all in absolute property. I also give to my said wife a
negro girl, Charlotte, daughter of Jenny, for life, with a power of disposing of
her similar to her power over the land, unless she shall have a child by me, in
which case I invest her with the power of giving the slave, Charlotte, and
her increase to or among any child or grand-child, children or grand-children of
mine, the fruit of my present marriage. But, if my wife fail to make such
disposition, then the said land, or the said Charlotte, with her increase, or
both, if undisposed of according to her respectives powers, shall, after my
wife's death, go as the residue of my estate of their respective kinds is
hereinafter disposed of. All of which devises and bequests are made to my
said wife in lieu of dower, and as a satisfaction for every claim she might, by
law, have made upon my estate. But, if any of the negroes given to my said
wife should be recovered from her by law, my estate is to make good to her
thevalue of her or them so lost.
Second. I have made sundry advances to most of my children of which I have
made out an account, excluding trifling articles, and upon which I have
charged some interest in order to do justice among them, but I have not
charged full interest nor continued it beyond the present year, since it
operated unequally in favor of my two youngest children. Having thus
estimated, upon equitable principles, in order to enable myself to do justice
among my children, I have charged Ambrose with Malon, and one bed and
furtniture advanced to him, amounting with interest to œ 66-5. William with
Peter, and one bed and furniture and interest œ 63-15. Thomas with Joe, and
interest, œ 44. Lucy with Lydia, and one bed and furniture and interest, œ
60. Nancy with Frank and Phillis, and one bed and furniture and interest, œ
62-10. Sally with œ 50, cash, a bed and furniture, Ned, and her husband' s
bond for 1000 pounds of tobacco (which bond I hereby give him), and interest,
L 100-5. Joanna with 100 acres of land, Jabell, a bed and furniture and
interest, œ 190-1. Betsy with Kit, a bed and furniture and interest, œ 57-10.
To my daughter Polly I have made no such advances. Averaging these sums by
eleven, each part is œ 31-15, which sum is exceed in the advance to my
daughter Sally to the amount of œ 108-9, and to my daughter Joanna to the
amount of œ 108-5, which respective sums are to be paid out of the shares of
my estate hereafter given to the children of my said daughters Sally and
Joanna, in the following proportions, in order that the advances to such may
be made equal. To my son Ambrose the sum of œ 7-11; to his chidlrn œ 15-11;
to the trustees of the daughter of William œ 13-1. To Thomas œ 37-16. To
Lucy's trustees œ 1-16. To Nancy's trustees œ-19-6. To Rachel trustees œ
15-11. To Betsy œ 24-6. To Polly;s trustees œ 81-16.
Third. I give to my daugher Polly a negro girl named Frankie, upon the same
terms upon which I shall presently give her a share of the residue of my
estate. This negro I give her over and above a child's part.
Fourth. Out of my patented lands in the Eastern Country I give four hundred
acres each to my two sons, John and Thomas, and one hundred and thirty-three
acres each to my daughter Polly, to them and their heirs respectively. I also
give four hundred acres of the same lands to the daughter of my son William,
and her heirs, if she should either attain the age of twenty-one years or
should have a living child; but if she dies before she arrives at the age of
twenty-one years, and without a child or grandchild living at the time of her
death, I give the land to my sons and their heirs, equally to be divided. If
these lands should not measure to the exact amount, a surplus is to be
divided among the same persons in the same proportions and on the same terms, and
loss is to be deducted proportionally also. My son Ambrose had his share of
eastern lands already, but as he for my account, engaged a person to locate
this land for a portion thereof, which portion I have reserved in this
devise, I give the residue of the western lands, as reserved, to my said son Ambrose
and his heirs, for the sole purpose of enabling him to comply with that
engagement, and not for a benefit for himself.
All the rest and residue of my estate I direct to be paid by my executors
on twelve months credit, to the amount of which sales are to be added to my
debts and chattels of every kind, including in the former a debt due to me by
my son-in-law, George Walden, for monies lent to him, and a bond due to me
from the estate of my son William which bond is to be allotted as a part of
his daughter's share, and this aggregate is to be divided in the following
manner:
The product of the sale of the land on which I live is to be divided into
ten equal parts, three of which I devise to Ambrose, Thomas and Betsy, each one;
absolutely one other to each of the children of my son John as shall live to
the age of twenty -one years or to have a child,absolutely equal to be
divided among them;one other part to my son-in-law. George Walden, in trust, for the
use of my daughter Nancy Puller, during her life, and after her death to be
conveyed by him to such person or persons as she shall by writing under her
hand appoint, and in default hereof, for the use of my other residuary
legatees of land money; one other part to my grand-son John Harris, in trust
for the use of his mother, Lucy Bowcock, to apply the profits or interest to
her sole and separate use during her life, and after her death equally to be
divided among the children or their representatives, according to the rule of
the Act of Distribution; one other part to the daughers of my daughter Sally
Gale, absolutely equally to be divided among them. One other part oto my
sons-in-law John Puller and George Walden in trust for my daughter Rachel
Munday to apply the interest and profits to her sole and separate use during
her life, and after her death equally to be divided among her children or
their representatives, absolutely according to the Act of Distribution. One
other part to the children of my daughter Joanna, absolutely equally to be
divided among them; and the remaining part to my said two sons-in-law in
trust, to apply the porfits or interest for the use of my daughter Polly
during her life, and after death to go according to the rule of the Act of
Distribution.
And as the money produced by the sale of the residue of my estate, and by
my debts,after debts paid, I direct it to be divided into eleven parts, the
parts of which I bequeath to the same persons, respectively, upon the same
terms and for the same uses as the ten parts of the land money are to be
devised; And the remaining eleventh part I bequeath to my said two sons-in-
law in trust for the use of my son William's daughter, to pay the same to her
with its profits or interest upon her coming of age or having a living child,
but if neither of these events should happen, then in trust to go in equal
proportions with and according to the terms of my other residuary estate, in
ten equal parts.
Fifth. But before the residuary shares given to the daughters of my daughter
Sally, and to the children of my daughter Joanna, are paid, the surplus of
the advancements before stated, are to be taken out by my executors, and applied
to equalize all the advancements as before stated, which said sums so paid
are to be in trust or absolutely with the respective shares of my residuary
estate, and to be subject to the same terms and condtions.
Sixth. Any trustee or trustees may purchase or not of my estate for the use
of the trust as he or they may conceive to be most advisable, and my
executors may assign any bonds due to my estate, or for sales thereof, in discharge of
my several devisages and bequests.
Seventh. But if I should have any child or children herafter to be born, my
will is that such child or children shall come in for an equal share of all
my property (in Kentucky or Western Lands, and the slave Franky given Polly
excepted), with any of my children now living, upon the principle of this my
will --even including the surpluses of the advancements aforesaid, which, in
that case, will be somewhat increased, and the shares will be lessened.
Lastly I appoint Col. Edmund Pendleton, Jr., John Pendleton, Jr. and John
Taylor, Executors of this my last will, and executed this 29th day of August,
One thousand seven hunred and ninety-three. John Walden
(seal)
Signed, sealed and published by the said John Walden as and for this his
last Will and Testament in our presence, and by his request, and in his presence
we have subscribed our names as witnesses thereto, the 29th day of August 1793.
Wm. Penn
Thomas Johnson
Ann Taylor
Lucy Taylor
A Codicil to John Walden's Will
A Codicil, to this my will, made the 11th day of September 1794.
Upon further consideration I devise and bequeath the following alterations
to my Will, above written.
1. In lieu of the land devised to my present wife, Sally, I give and
devise to her a part of the tract on which I now live, beginning above Thomas
Crompton's where Discon's line crosses North Battle Swamp, returning thence
along Descon's line until it strikes the path leading from my house to
Benjamin Munday's, thence along that path to the public road until it comes
to the north of the lane leading to my house; thence along a path being a near
way to the house, through the field by a cherry tree in the bottom to a
persimmon tree on a rise; thence southerly a straight line to the head of a
branch, where the old road to the house used to cross; thence down that
branch above the peach orchard to Sourth Battle Swamp below Burke's Mill and keeping
the same course one hundred yards beyond it; thence running parallel with the
said swamp one hundred yards southerly thereof until it strikes Mr. John
Pendleton's line; thence with his line and the line of the Honorable Edmund
Pendleton up South Battle Swamp to the beginning. One Moiety of which said
land I devise to her for life, and the other moiety during her widow-hood. I
also give to my said wife Sally, the cart, her choice of a pair of oxen, and
the loom with all its slays, harness and other appurtnenances.
11. In lieu of all the devise in the seventh clause of my will, having no
other child born, I give and devise to my youngest child, Edmund, one moiety
of land given to his mother, on her second marriage, and the other on her
death, and one twelfth part of the residuary estate mentioned in the fourth
clause of this my will(the land money excepted), of which he is to have no
part, which said residuary estate, that money excepted, and the advancements,
are now to be settled according to the principles of my will, by twelve
instead of eleven, also a mare I had of John Harris, or if she should die
before I do, my other horse to be selected by my executors, all of which
propery I give to Edmund in fee simple and absolutely except in case he
should die under age, and without a child living at the time of his death; the
whole thereof in that event to be divided among my eleven children residuary
legatees in the fourth clasue mentioned, as if it had constituted a part of
that residue. In the division of my estate I direct that Edmund shall have a
negro girl name Charity, at the value of thirty pounds.
111. My son Ambrose having agreed to give 150 acres of my Kentucky land to
save thne whole for ten years, I devise that the contract be fulfilled, and
that for this purpose the divisons of that land do contribute in proportion
out of their devises.
V. My son Thomas is to be chanrged ten poiunds for a bed and furniture given
to him since the date of my will.
V.I do not mean to revoke any bequest in favor of my wife contained in my
will, that relating to the land excepted, which is indeed included in the
land now devised her.
John Walden (seal)
Sealed and published by the said John Walden as a codicil to his last Will
and Testament in our presence, and by his request and in his presence we have
subscribed our names as witnesses thereto, this 11 day of September 1794.
John Norment
William Hutchinson
Levi # Hutchinson
Posted by Eldred Melton
EMelton532@aol.com