Will of Edward Herndon (1753 – Mar 1845) of Campbell County, Virginia
Replies: 3
Will of Edward Herndon (1753 – Mar 1845) of Campbell County, Virginia
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Posted: 16 Apr 2009 7:29PM GMT |
Classification: Will
Surnames: Herndon, Robertson, Durham, Samuel, Baker
The will of Edward Herndon (1753 – Mar 1845) of Campbell County, Virginia; transcribed by Don Trent on 16 Apr 2009 from the Chancery Cause ended in 1878. Source: 1878-018 Virginia. Campbell. District Courts (1789-1808), Superior Courts of Chancery (1802-1831), Circuit Superior Courts of Law and Chancery (1831-1851), and Circuit Courts (1852-present). The Library of Virginia, Richmond. Digital images. Local Government Records Collection.
[Start of Document].The will and wish of Edward Herndon this the 12th day of April 1843. In the first place I constitute and appoint Young W. Robertson and it is my will and wish That the said Young W. Robertson shall be my Executor. In the second place I wish all my debts paid and it is my will that one fourth of an acre of my land inclosing my grave with others remain sacred to the use of a burying place and it is my will that my grave including the other graves that are now on my land to be enclosed with a Rock or Brick wall and be paid out of my estate and I now proceed to a distribution of my Estate. Item 1st It is my will and wish that my woman Patty being very old should live under the care of Young W. Robertson and Frances his wife the remaining part of her life for which I will the said Young W. Robertson one hundred dollars or twenty dollars per year during her the said Patty’s natural life and the said Young W. Robertson to have his choice which he may do either to receive the one hundred dollars to compensate him for her support or the twenty dollars per year as he may think proper. Item 2nd I give to my Nephew Daniel G. Herndon my man Davis during the natural life of the said Daniel G. Herndon to his use under the direction of Young W. Robertson who I wish to act as Guardian for them both and should my man Davis be the longest liver at the death of the said Daniel G. Herndon it is my will and wish that Davis should be Emancipated. Item 3rd I give to my Nephew Daniel G. Herndon my Suck Creek Tract of land containing two hundred acres more or less to his use and benefit forever as his own property the said land adjoins Nathaniel Mason, Ro. W. Withers and others but the said land is conveyed with this provision that my man Davis shall have the privilege of living on the said land during his life time and the said Daniel G. Herndon shall not have liberty to sell the said land without the Consent of Young W. Robertson but by his consent he shall have the liberty to sell the said land.
Item 4th. The tract of land I am now living on with the exception of the reserve which is one fourth of an acre including the graves it is my will should be sold. Item 5th. I give to my Brother Lewis Herndon and his heirs One Dollar and no more. Item 6th. I give to my brother Benjamin Herndon and his heirs One Dollar and no more. Item 7th. I give to my brother James Herndon and his heirs One Dollar and no more. Item 8th. I give to my brother John Herndon and his heirs One Dollar and no more. The balance of my estate that is not disposed of in this will above it is my will and wish should be equally distributed among the following named. To my brother Reuben Herndon to my sister Sarah Samuel to my sister Elizabeth Baker to my sister Catherine Durham to my sister Mary Herndon. Item 9th. It is my will and wish that in case Young W. Robertson should die that Richard Morgan then become the Executor of this Will.
Edward Herndon [his signature]. Teste. Geo O. Bowman, A.M. Read, Thomas Johnson [their signatures].
At a Court held for Campbell County 11th day of March 1845.
The foregoing last Will and Testament of Edward Herndon deceased was this day presented in Court proven by the Oaths of A.M. Read and Thomas Johnson two of the subscribing Witnesses thereto and ordered to be recorded and on the motion of Young W. Robertson the Executor in said Will named who made Oath and together with Wm. G. Clark, A.J. Farmer, and Wm. W. Matthews his securities entered into and acknowledged a bond in the penalty od Eight thousand dollars conditioned as the bond directs Certificate is granted him for obtaining a probate of the said will in due form.
Teste. Wm. A. Clement, Clk.
A copy Teste. Geo W. Dabney, Clk. [End of Document].
[Start of Document].The will and wish of Edward Herndon this the 12th day of April 1843. In the first place I constitute and appoint Young W. Robertson and it is my will and wish That the said Young W. Robertson shall be my Executor. In the second place I wish all my debts paid and it is my will that one fourth of an acre of my land inclosing my grave with others remain sacred to the use of a burying place and it is my will that my grave including the other graves that are now on my land to be enclosed with a Rock or Brick wall and be paid out of my estate and I now proceed to a distribution of my Estate. Item 1st It is my will and wish that my woman Patty being very old should live under the care of Young W. Robertson and Frances his wife the remaining part of her life for which I will the said Young W. Robertson one hundred dollars or twenty dollars per year during her the said Patty’s natural life and the said Young W. Robertson to have his choice which he may do either to receive the one hundred dollars to compensate him for her support or the twenty dollars per year as he may think proper. Item 2nd I give to my Nephew Daniel G. Herndon my man Davis during the natural life of the said Daniel G. Herndon to his use under the direction of Young W. Robertson who I wish to act as Guardian for them both and should my man Davis be the longest liver at the death of the said Daniel G. Herndon it is my will and wish that Davis should be Emancipated. Item 3rd I give to my Nephew Daniel G. Herndon my Suck Creek Tract of land containing two hundred acres more or less to his use and benefit forever as his own property the said land adjoins Nathaniel Mason, Ro. W. Withers and others but the said land is conveyed with this provision that my man Davis shall have the privilege of living on the said land during his life time and the said Daniel G. Herndon shall not have liberty to sell the said land without the Consent of Young W. Robertson but by his consent he shall have the liberty to sell the said land.
Item 4th. The tract of land I am now living on with the exception of the reserve which is one fourth of an acre including the graves it is my will should be sold. Item 5th. I give to my Brother Lewis Herndon and his heirs One Dollar and no more. Item 6th. I give to my brother Benjamin Herndon and his heirs One Dollar and no more. Item 7th. I give to my brother James Herndon and his heirs One Dollar and no more. Item 8th. I give to my brother John Herndon and his heirs One Dollar and no more. The balance of my estate that is not disposed of in this will above it is my will and wish should be equally distributed among the following named. To my brother Reuben Herndon to my sister Sarah Samuel to my sister Elizabeth Baker to my sister Catherine Durham to my sister Mary Herndon. Item 9th. It is my will and wish that in case Young W. Robertson should die that Richard Morgan then become the Executor of this Will.
Edward Herndon [his signature]. Teste. Geo O. Bowman, A.M. Read, Thomas Johnson [their signatures].
At a Court held for Campbell County 11th day of March 1845.
The foregoing last Will and Testament of Edward Herndon deceased was this day presented in Court proven by the Oaths of A.M. Read and Thomas Johnson two of the subscribing Witnesses thereto and ordered to be recorded and on the motion of Young W. Robertson the Executor in said Will named who made Oath and together with Wm. G. Clark, A.J. Farmer, and Wm. W. Matthews his securities entered into and acknowledged a bond in the penalty od Eight thousand dollars conditioned as the bond directs Certificate is granted him for obtaining a probate of the said will in due form.
Teste. Wm. A. Clement, Clk.
A copy Teste. Geo W. Dabney, Clk. [End of Document].