SHELTON-VA-1826

THOMAS SHELTON (SLAVEHOLDER), WILL, LOUISA CTY, VA, 1826

I have posted this elsewhere ... feel free to post and copy, as you see fit ... not for profit!!!

LAST WILL AND TESTAMENT OF THOMAS SHELTON (LOUISA COUNTY 1826)

I Thomas Shelton of the County of Louisa being sick and weak of body but of sound mind and disposing memory and calling to mind the uncertainty of human do make and ordain this my last will and testament.

1.  Having given to my son James Dabney DecĖd more than an equal proportion of my estate, my will is that his heirs have no part of my Estate.

2.  I have given to my son Thomas the tract of land whereon he now resides.

3.  I have given to my son Joseph three hundred acres of land whereon he now resides agreeable to a survey made by David Richardson.

4.  I give to my son Matthew the tract  the tract of land conveyed to me by Mrs. Williamson and her grandsons William and John Martin.  Also one hundred acres of my tract of land purchased of Daracotts legatees, adjoining the said land, I also give him at the death of my wife the tract of land I purchased of David AndersonĖs legatees.

5.  I lend to my daughter Mapy Shelton the residue of my tract of land purchased of DaracottĖs legatees under the limitations hereinafter to be expreped.

6.  I give to my son David Rice at the death of my present wife three hundred acres of the tract of land whereon I now reside to be laid off by a line commencing on the south side of Owens creek on a line running between my land and the lands formerly owned by John Richardson and running so as to include all the buildings where I live, I also lend to him during the life of my present wife the tract of land I purchased of David AndersonĖs legatees which is given my son Matthew at the death of my wife.

7.  The balance of the tract of land whereon I now reside I wish equally divided between my four daughters by my second wife (viz) Sarah Terrell, Martha, Elizabeth Watson and Cecilia.

8.  I give to my sons Thomas and Joseph and lend to my daughter Mapy under lamentations hereafter expreped all the negroes with their increase which I recĖd by their mother, to be equally divided between them.  The negroes received by either of them heretofore to be taken into the account in the division and whereas my daughter Mapy has recĖd some negroes which did not come by her mother, my Will is that she account with all my children in the general division for them and Thomas and Joseph for those that came by her mother, except a negro boy Nelson which I have given to her son Thomas.

9.  I give to my son David Rice three negroes (viz) Peter son of Anna, Harrison son of Suckey and Roda daughter of Fanny.

10.  I give to my son Matthew three negroes (viz) Charles son of Anna, Robert son of Anna and Judy daughter of Suckey (Will's wife).

11.  I give to my daughter Sarah Terrell three Negroes( viz) Jenny daughter of Rachel Ben son of Fanny and Patsy daughter of Usly.

12.  I give to my daughter Martha three negroes (viz) Betsy daughter of Lucy Louisa daughter of Lucy and Spotswood son of Fanny.

13.  I give to my daughter Elizabeth Watson three negroes (viz) Mary daughter of Anna Rachel daughter of Suckey and Moses son of Polly.

14.  I give to my daughter Cecilia three negroes (viz) Nancy daughter of Suckey (Will's wife) Harriet daughter of Dilly and Elisha son of Franky.

15.  I lend to my wife during her life Stephen son of Anna in lieu of Tom sold.  I also lend her during her widowhood Nancy daughter of Lucy.

16.  My will is that all of my negroes not heretofore disposed of be equally divided amongst my children (viz) Mapy, Thomas, Joseph, Sarah Terrell, Martha, David Rice, Matthew, Elizabeth Watson and Cecilia and my will is that the portion falling to my daughter in this clause of my will as well as the property herein before loaned or given her both real and personal be vested in trust in my brother Joseph Shelton and her brother Thomas Shelton  who are to manage it in the way they may think most conducive to her interest and for and during her life pay over the profits to her use, free from the control of her husband, and the payment of his debts, and after her death, divide it and the increase equally amongst all her children or their representatives.

17.  My will is if either of my children by my second marriage (viz) Sarah Terrell, Martha, David Rice, Matthew, Elizabeth Watson and Cecilia die before they marry or come of age, that his of her part be equally divided between the remaining children by my second marriage, and if a second, third fourth and fifth should in like manner die all their parts as well of my estate as what the receive  by the death of either of them shall be equally divided amongst the remaining children or child by my second marriage.

18.  My will is that my perishable property be sold for the payment of my just debts and if it is not sufficient that my executors hereinafter named sell an equal number of my negroes from those recĖd by my first wife and those of my own for the purpose of making up the deficiency.

19.  My will is that my sons Thomas and Joseph and my daughter Mapey be charged with the stock of horses, cattle and household furniture which they have received and account for the same in the general division of my estate.

20.  Lastly I do hereby appoint my friends William Meredith and  William Shelton , Mr. and my sons Thomas and Joseph Executors of this my last will and testament.  In testimony whereof I have hereunto set my hand and affixed my seal this 20th day August 1824

THOMAS SHELTON (SEAL)

Signed sealed in the presence of
Charles Dabney Jr.  James Sims,
Edmund Dabney, Garland Tarrat


At a Court held for Louisa County at the Courthouse on Monday the 10th of July 1826, This paper writing purporting to be the last will and testament  of
THOMAS SHELTON
dec'd was this day produced in open Court and proved by the witnesses thereto and by the Court ordered to be recorded, and on the motion of Thomas Shelton one of the executors therein named who made oath as the law requires and enters with approved security in the penalty of fifty thousand dollars conditioned as the law directs certificate is granted him for obtaining a probate of said will in due form of law.


   teste
         John Hunter

Contributed by: "sidne" sidne@erols.com