Search billions of records on Ancestry.com

LAST WILL AND TESTAMENT
OF
WILLISTON TALBOT

I, Williston Talbot of Campbell County and state of Virginia being in perfect health and of sound and disposing memory do think proper to constitute and ordain this my last will and testament in manner and form as follows:

First, it my will and desire that all my just debts and funeral charges be faithfully discharged as soon as possible after my deceased and as touching such worldly goods as it hath pleased good [God?] to lend to me I dispose of them in the following manner.

Item, I lend to my beloved wife the following property for and during her natural life all of my stock and household and kitchen furniture of every description whatsoever all my plantation. Tools - my blacksmith tools, the use and benefit of all my lands to cultivate in any way that she may think proper for the use and benefit of herself and family to remain in my mansion house in peaceful possession during life. I also lend unto my said wife my waggon and gear, my ox carts and oxen, my Giggy and harness. Also, the following slaves by name: Adam, Sam, Toney, Dinah, Rachael, Cate, Mary and Delph and it is further to be understood that I also give unto my said wife one negro woman named Jenney Weaver to dispose of her in any manner that she may think proper provided that it shall be to some of her own children. Also, the use and profits of all the slaves and other property which I hereafter give to her children until they come of age or marry on the following conditions. First, my said wife is to board, cloth and school all her children until they come of age or marry Gratis the boys to be qualified to do common business. My daughters to have a liberal female education all to be judged of by my executors and is further my will and desire when any of my children which I have had by said wife Nancy shall come of age or marriage that they shall have such a part of my stock and household furniture and as can be conveniently spared from my wife and her family to be to them as so much received in order - that any equal division may take place between the aforesaid children.

Item, I lend to my son Charles the use and profit of one hundred and forty three acres of land lying on Whipping Creek - it being the land and plantation wherein he formerly resided to enjoy the same for the use and benefit of himself and family during his natural life and at his death to be sold and the proceeds equally divided between all his children that are then living. Also, I lend to my said son one negro named Frank,one negro woman named Nance on the same terms as above and one negro boy Bob with all their future increase. The above property I lend to my said son for the use and support of himself and family but not subject to the payment of any of his debts already or heretofore contracted in no manner whatsover. I also give to my said son all moneys due to me from him which sum will appear by having reference to my books upwards of one hundred pounds.

Item - I give to my daughter Sally McReynolds one silver dollar she having received her proportion of my estate hitherto.

Item I lend to my son Pleasant Talbot the use and benefit of one hundred acres of land lying on Whipping Creek including the house and plantation whereon he now resides and I also lend to my said son one negro woman named Jenney Franklin and one negro boy named Mileam to have and enjoy the said land and negro for and during his natural life for the [use] and benefit of himself and family but is further to be understood that the said land and negro are not to be subject for the payment of any of his debts already or hereafter contracted wither it is to be understood that my said son at this time has no lawful issue and perhaps never will it is my express will and desire at his death that all the above property be returned back to my estate, and be sold and the proceeds equally divided between all my children or their representatives but should it so happen that my said son should hereafter have lawful issue then in that case I give the above mentioned property to him and his heirs forever with all the further increase and further it is to be understood that my son Pleasant is largely indebted to me between two and three hundered pounds which sum may be seen by having reference to my books. I do hereby release and exonerate him from repayment thereof.

Item I give to my son John Talbot one negro woman named Dice one negro boy named Clark with all their further increase to him and his heirs forever.

Item I lend unto my son Hillery Talbot the use and benefit of one hundred acres of land lying on the north side of Whipping Creek beginning in the said Creek and a little above the mouth of the Sulphur Springs branch then running with the fence that divides Pleasants Talbots and my own plantation until it strikes the road that leads from my house to my Whipping Plantation. Then along that road until by running a line square a cross to John Talbots line as will contain one hundred acres running with John Talbots line to Whipping Creek then up said creek to the beginning which is to include the Whipping Plantation. I also lend to my said son one negro man named Bill one negro woman named Alice and one negro boy named Mosses with all their future increase one feather bed and furniture which he has now in possession two cows and calves four head of sheep one good work horse worth forty dollars and forty dollars in cash to buy household furniture all the foregoing articles I tend on these terms as my said son at this time has no lawful issue and perhaps never will it is my express will that should he die without issue then all the above said articles to be returned to my estate and be equally divided between all my children but should it so happen that my son should have lawful issues then in that case I give every article to him and his heirs forever.

Item I give unto the heirs of my son Williston Talbot dec'd ten dollars each in some kind of property out of my estate to them and their heirs forever. Item I give to my daughter Betsy Buckler one silver dollar she having received from my estate heretofore her proportainate part.

Item I give to my son Allen Talbot ten thousand weight of inspected tobacco at the Lynchburg [Inspe...] to be divided in three annual payments. Also one negro man named Milan, one negro woman named Seennah which negroes he has at this time in possession also one cow and calf and four head of sheep to him and his heirs forever with all their future increase.

Item I gave to my son Elbert one undivided third part of all the [Residue] of all my lands except my [Nursery] plantation and land to be equally divided between him and his own brothers Gale and Melvill having due regard to quality and improvements and in case they cannot agree on the division they are to make choise of three disinterested men of judgement to divide for them and their judgment to be binding on each. I also give to my said son the following slaves by name: one negro man named Toney one negro boy named Luce one negro woman named Lucinda one negro girl named Sindey[Lindey?] and one negro girl named Silvey and one boy named Charles. One good feather bed and furniture my blacksmith Tools my rifle gun my surveyors instruments two cows and calves - Two sows and piggs, four head of sheep, one horse to be worth twenty-five pounds. One good saddle and bridle and my large Bible. Also, one sixth part of all my house hold and kitchen furniture and plantation utensils at his mother's death or sooner if his mother shall think proper to divide to be equally divided between him and his own brothers and sisters to him and his heirs forever with all the future increase.

Item I give to my son Gale Talbot one undivided third part of all the residue of my lands except my [Nursery] land and plantation to be equally divided between him and his own brothers Elbert and Melville having due regard to quality and improvements and in case they cannot agree on the division they are to make choise of three disinterested men of judgement to divide for them and their judgement to be binding on each. I give to my said son the following slaves by name one negro man named Cajah one negro boy named March one negro woman named [Gale] Jinney one negro boy named Edmund and one negro girl named Tildey one negro boy named Aron one good feather bed and furniture my long shott gunn one yoke of oxen two cows and calves two sows and piggs four head of sheep one horse worth twenty five pounds one good saddle and bridle also one sixth part of all my household and kitchen furniture and plantation materials at the death of his mother or sooner if she should think proper to divide to be equally divided between him and his own brothers and sisters to him and his heirs forever with all their future increase.

Item, I give unto my daughter Mildred Ann Talbot one undivided half of my Nursery land and plantation to be equally divided between her and her sister Pollina M. Talbot also the following slaves by name, one negro man named Tom, one negro man named Solomon one negro woman named Cate one negro woman named Henney [Flaunney] one negro girl named Jule also one negro woman named Rachell and one negro boy named Glen one good feather bed and furniture, two cows and calves two sows and piggs four head of sheep one horse worth 25 pounds one good side saddle and bridle Also one sixth part of all my household and kitchen furniture and plantation utensils at the death of her mother or sooner if her mother should think proper to divide to be equally divided between her and her own brothers and sisters to be her and her heirs forever and with all their future increase.

Item, I give unto my daughter Adaline Williston Talbot the following slaves by name, one negro man named Ive one negro boy named Kip one negro boy named Kick one negro woman named [Moorning] one negro girl named [Darcass] one negro girl named Delile one negro girl named Reaver and one negro boy named Booker one feather bed and furniture two cows and calves two sows and piggs four head of sheep one horse worth twenty five pounds and one good side saddle and bridle also one sixth part of all my household and kitchen furniture and plantation utensils at the death of her mother or sooner if her mother think proper to divide to be equally divided between her and her own brothers and sisters to her and her heirs forever with all their future increase.

Item I give to my son Melville Henry Talbot one undivided third part of all the residue of all my lands except my Nursery land and plantation to be equally divided between him and his own brothers Elbert & Gale having due regard to quality and improvements and in case they cannot agree on the division they are to make choise of three disinterested men of judgement to divide for them and their judgement to be binding on each. I also give to my said son the following slaves by name one negro boy named Lewis one negro boy named Isham one negro boy named Jack one negro girl named Vilet one negro girl named Caroline one negro boy named Parmer one feather bed and furniture my desk and bookcase my small shot gunn two cows and calves two sows and piggs four head of sheep one horse worth twenty five pounds one good saddle and bridle also one sixth part of all my household & kitchen furniture and plantation utensils at the death of his mother or sooner if his mother think proper to divide to be equally divided between him and his own brothers and sisters to him and his heirs forever with all their future increase .

Item, I give to my grandson Melville Talbot, son of my daughter Luisa Gallion dec'd one negro girl named Sarah with all her future increase to him and his heirs forever. Item, I give to my three grandsons heirs of my daughter Luisa Gallion Hail Tilmon and Charles E. Gallions one dollar each having given them heretofore as much as I did intend for their mother.

Item, I give to Nancy Keesee daughter of Thomas Keesee one good feather bed and furniture for her friendly service and good conduct while in my family [!]. And further it [is] my express will and desire should any of my children which I have had by my last wife depart this life before they come of age and without issue that all and every article given to them be equally divided between their own brothers and sisters or their legal representatives and is further to be understood that it [is] my will and desire that at my wife's death that my old negroes Adam and Dinah be set at liberty and and should they be unable to support themselves that they be supported out of my estate during life and further it is my desire that as soon as possible after my decease that my Exix make sale of so much of my estate as will be sufficient to discharge all my just debts and legacies as may be on demand having regard to sell such things as can be best spared from the use of the family and the proceeds applied to the before mentioned purpose and should I have omitted to mention any part of my estate it is my desire that it may be sold on a reasonable credit and the money arising be applied to discharge of debts and legacies and if any surplus to be equally divided between my sons Charles Pleasant John Hillery Allin and my children by my last wife and further it [is] my will and desire that my sons Elbert Gale and Melville have all my books of every description and further it is to be understood should I leave any cash on hand at my death I give it all to my wife for the use and support of her and her children to dispose of in any manner she may think proper. And last I do constitute my beloved wife Nancy Talbot my Executrix and my friend Charles Keesee Executor of so much of my estate as relates to all of my children had by my last wife and they are to have the sole controle of every species of property given to these children and neither my Executrix nor said Executor are bound to give security. It is my desire that my said Executrix and Executor have the sole management of my estate until my sons Elbert and Gale come of age and then they take the management thereof so far as relates to their own brothers and sisters . And I do further appoint Charles Talbot John Talbot and Allen Talbot to transact and manage every thing belonging to their own brothers and sisters and on no terms meddle or concern with any thing else. In testimony of which I have hereunto set my hand and seal to this my last will and testament this 4th day of November 1827.

In presence of                                                                                       Williston Talbot (seal)
George W. Cock
Mary Ann R. Cock
Rawley White

The court held for Campbell County December 10, 1827. The within last will and testament of Williston Talbot deceased was produced in court proved by the oaths of George W. Cock and Mary Ann R. Cock subscribing witnesses thereto and ordered to be recorded and on the motion of Nancy Talbot the executrix in the said will named certificate is granted her for obtaining probate thereof upon her giving bond and security. Whereupon she together with Melville Talbot George W. Cock Christopher L. Robinson William I Harvey William W. Matthews Richard G. Brown John Hobson Charles Keesee James Moseley Thomas Cock Jr. and William Epperson her securities entered into and acknowledged their bond in the penalty of thirty thousand dollars condition for the executors due and faithful administration on said decedents estate and performance of his will.

                                                                                            Teste Mo Alexander Clk

Will Book 5, page 447, Campbell County, Virginia

Contributed on March 28, 1997 by Ann Talbot Roberts