b14891037.htm
John Caldwell will, 29 August 1823, Augusta County, Virginia Will Book 14:425, FHL film #30320
I John Caldwell of Augusta County do make and ordain this my last will
and testament in the manner & form following first I do will & direct that
all my Just debts & funeral expenses be first paid and for that purpose I do
direct my Executors hereafter named to sell any of my [?] that they may think proper
or any other part of my personal Estate excepting my farming Utensils [ ?] I do
allow to remain on the land [?] I do hereby will and devise that my beloved wife
Ellener shall have the management of the whole of my Estate both real and per-
sonal excepting what I otherwise have directed for the purpose of raising supporting
& schooling my children until my youngest Child that is living arrives to eighteen
years of age and if any of my Daughters should get married before that period it is
my will that my wife furnish them with such articles as she may see they
need and think proper to let them have and keep an account of the value of the
same which they are account for when the youngest child that is living arrives
to eighteen years of age at which time I do allow my wife to have any one
of the negroes that she may make choice of which Negro and & give to her and her
heirs or assigns [?] I then give my son William his next three of the Negroes
which negros I give to him & his heir or assigns forever and then the who Remain-
der of the Negroes I do direct my Executors as equal as they can without making
sale of any of them between my beloved Elloner and my three Daughters (to wit) Mary
Ann Christine/Celestine & Elizabeth Scott which Negroes to be to them and their heir or assigns
forever & then the whole Remainder of my personal property excepting the farming
Utensils to be sold by my Executors and my wife to have the one third first
and the other two thirds to be equally divided between my three Daughters
as above named I do also direct my Executors to sell twenty acres of my land as soon
after my death as they can have an opportunity the land to be laid of in one or more
pieces any where around my land and in such form as they may think will do the
least harm to the Remaining ballance of the land and to divide the price of the
Same Equally between my three Daughter at the same time that they receive their
portion of the other property and then all the Remainder of the land and farming Utensils
I do give and devise to my son William [?] his heir and assigns forever but still
reserving one third part of the land for my wife during her natural life and the possessions
of my dwelling house but if she gets married she then forfeits the one third part of the land
and the [?] of my dwelling house to my son William I do likewise give to my
son William a privilege to rais or keep or a horse beast upon the land and to be furnished
with a saddle and [?] his mother and no person but himself to have my [?]
To the same I do hereby nominate Constitute and appoint my beloved wife
Ellenor Executor and my [Nephew?] Walter Davis and Joseph Larrew Executors of
this my last will and testament Revoking all others by me heretofore made in testimony
whereof I have hereunto set my hand & seal this 29th day of August 1823
Acknowledged in the person of us
Wm Davis John Caldwell (seal)
John Lawrence
David Caldwell
James McClenahan
PB It is my will that my Executors and executrix above named do make use
of the money to pay my debts that they receive for the land that I devised
them to sell one to account with my Daughters for the amount of the
land sold but not accountable for any interest on the same
acknowledged before us John Caldwell (seal)
this 29th day of August 1823
Wm Davis
John Lawrance
David Caldwell
James McClenahan
In the County Court of Virginia 28th May 1824
This last will and testament of John Caldwell decd was presented in
Court and being proved by the oaths of William Davis and James Mc
Clanahan two of the witnesses thereto and ordered to be recorded and
on the motion of Elloner Caldwell & Joseph
Larew two of the Executors therein named who made oath thereto and
the said Ellener together with Thomas T Coatter and Walter Davis
and the said Larew together with William Davis his security enter
ed into and acknowledge their separate bonds in the penalty of $4000
Conditioned as the law requires which bonds are ordered to be recorded
for and therefore Walter Davis and the other the other executor therein named
appear in Court and refused to take upon himself the burthen of the
executor thereof
Teste
Erasmus Stribling CC