I Gordon CLOYD of Montgomery County do make this my last will and testament in the manner following.
I direct my executors hereafter named to pay my debts I may owe.
I have already given to my daughter Mary, wife of James R. KENT, the tract of land upon New River called Buchannons Bottom, should that gift need any confirmation I do hereby satisfy and confirm it. I also give to her one third part of my slaves and by her to be divided among her children, as she and her husband may determine.
I give to my daughter Elizabeth the land whereon I live on Back Creek supposed to contain upwards of three thousand acres and is composed of about a dozen separate parcels all adjoining together with all the appartuances, establishments and fixtures thereon including every article upon the domain without as well as within the buildings and which are not herein otherwise disposed of together with the stock of horses, cattle, hogs and sheep upon the domain. I also give to her the remaining two thirds of my slaves.
I also give to my daughters Mary and Elizabeth my stock in the two Virginia Banks towit. One hundred shares to Mary and the remaining to Elizabeth which may be one hundred shares more or less.
I give to my grand daughter Elizabeth KENT my Majority of the Horse Shoe tract of land together with the stock upon it I give to my grand daughter Cynthia Kent MAIRS place at the head of Back Creek containing by a late inclusive survey one thousand acres.
I give to my brothers Thomas and David CLOYD my share of the Christian Place on Brush Creek containing in the whole about one thousand acres also several small tracts in the county of Giles the titles for which are in the joint names of Gordon, Thomas, and David CLOYD. I, also give them my shares of the debts owing to them and me by Colo James PRESTON of Montgomery and the firm of William and Robert STILL of Augusta and also all balances due to us on all old mercantile transactions.
I give to James R. KENT my third part of eighty thousand acres of land lying in Giles County conveyed to me by James T. WATSON and my third part of several tracts of land lying in Montgomery County the titles of which is in the joint names of Gordon, Thomas and David CLOYD. Whereas I hold one majority in several tracts of land patented to John LYBURN and myself and several other tracts of land patented to John MATTHEWS and myself all lying in the county of Giles a part of which has been sold the remainder unsold I give to Levi VERMILLIONs six sons, each ones interests to be assigned to him by the said Levi VERMILLION when he arises of age towit; Gordon, Joseph, James, Uriah, David, and John. Whereas David CLOYD and myself have never made a line of division on our lands where we intended it rest only in part and have a general view of where the remainder is to run, that part that is settled beginning at the grove mill gate thence along the fence as it now stands in a north western direction crossing the grove mill race and Back Creek and up Mollits Branch and there in such direction as Thomas CLOYD and David CLOYD shall determine them to commence again at the Grove mill gate and extend as the said Thomas and David CLOYD may think fit in a south and southeastern direction through Satners place to or near the mouth of the lime Kilm hollow and thence proceeding across the tract leaving the hollow to the right.
I give to my brother David CLOYD all my right title and interest and claim to the lands northward and eastward of the said line of demarcation in consideration of the said David CLOYD releasing to me on my heirs all his right title interest and claim to the lands southern and westward of the said line of demarcation. And whereas by this division the Grove mill will fall to David CLOYD and the dam and upper part of the canal will be on my land. I do give to the said David CLOYD and his heirs the use of the canal, dam and water the privilege of keeping it in repair perpetually so as insure the purpose originally intended by us.
I give to my nephew Gordon CLOYD two tracts of land lying in Giles County an of three hundred and thirteen acres near the courthouse and the other fifty acres on the head of Sugar Run.
I give to Elizabeth CRAIG, wife of Robert M. CRAIG, one thousand dollars and two or three horses or mares.
I give to my brother Thomas CLOYD my lot in the town of Newbern and a small tract of land about fourteen and a half acres near the same. I do hereby authorize and empower my executors hereafter named or anyone or more of them to carry any lands heretofore sold by me, whether it was held by myself alone or is partnership with others until my daughter Elizabeth arrives of age or may marry I give my executors the entire control and guardianship over her estate both real and personal and desire they do not rent the lands or hire the slaves but that they will employ them under the management of some suitable person to be engaged for the purpose and have the business carried on the domain as hereunto for authorized at the same time to lay out any money necessary in the purchase of stock to stock the farm any proceeds from these transactions together with other monies I request be invested to stock in sums of the Bank for the use of Elizabeth my executor is authorized to a draft to my daughter Elizabeth any monies necessary for her expenses and support. For the extra trouble my executors may be at in the management of my daughter Elizabeths estate I give to them three hundred dollars annually. I do hereby constitute and appoint David CLOYD, James R. KENT and Joseph CLOYD my executors with full power and authority to act as such given under my hand and seal the 28th day of July 1832
Gordon Cloyd Seal
Signed sealed published and declared as for Gordon CLOYD the last will and testament of the above Gordon Cloyd in presence of
Robert M. CRAIG
Codicil to the last will of Gordon CLOYD dated the 28th July last in the last page third and fourth line I had given to Elizabeth CRAIG a negro woman Taby and two children. This bequest I now revoke and give her in leiw thereof four hundred dollars to purchase two young negroes. My fine rifle, three shot guns and two brace of pistols I give to my friends to be divided among them as they think fit I do not require that my executors shall give security for the demonstration of my estate. My executors are authorized to sell any of my slaves should they think fit to do so at anytime or any other property I give to James R. KENT my debts owing by Hugh RAINE all other owing in the middle country I give to David CLOYD and James R. KENT my debts owing by Margaret BROTHERHOOD of the city of Richmond together with the debts secured by a deed of trust from Joshua BROTHERHOOD the money arising from both is considerable. I have always been linient as to the interest on Mrs. BROTHERHOODs private debts, I should be willing it should continue so.
November 26th 1832 Gordon CLOYD
April 9 1833
Further codicil to the last will and testament of Gordon CLOYD to my four Grand daughters Elizabeth, Cynthia, Sarah and Louisa I wish to be given ten thousand dollars out of my funds in the Virginia Banks and if there should not be enough there then to be made up of my funds that can be spared at a distant day.
April 23rd 1833
Whereas I Gordon CLOYD in the month of July last made my last will and testament and among other devises gave to my daughter Elizabeth all my lands south and west of David CLOYDs land on Back Creek containing perhaps twelve or fifteen different tracts and I also divide her two thirds of my slaves and all my personal of every description to be her absolute property I have also made several codicils to that will and I now make this the last. Viz that if my said daughter Elizabeth should or does form a marriage connection not agreeable to my will or that of David CLOYD, James R. KENT and Joseph CLOYD jr. the named executors in said will all the devises which I formerly made to my daughter Elizabeth in the said will of July last shall be rescinded and revoked and shall be divised to David CLOYD, James R. KENT and Joseph CLOYD, Jr. The above named executors of said will to be their absolute property equally forever except a hundred shares of Bank stock in the Bank of Virginia the proceeds of which shall be paid to my said daughter Elizabeth annually during her lifetime. The conditions of this codicil to be void in case my said daughter Elizabeth acts in accordance to my will or that of my representatives.
Given under my hand and seal this 23rd day of April 1833
Gordon Cloyd Seal
Signed seal and published as the act of codicil of Gordon CLOYD this 23rd April 1833
Robert M. CRAIG
Hy WYSOR, Jr.
At Montgomery June Court 1833
This last will and Testament of Gordon CLOYD deceased was presented in court together with several codicils thereto and the said will was proved by the oaths of Moses HUNTER and James WYSOR two of the witnesses thereto subscribed and one of the codicils thereto was proven by the oaths of William MILLER and Henry WYSOR, Jr. two of the witnesses thereto subscribed and the other two being in the handwriting of the Testator his handwriting was proved to the satisfaction of the court and the said will and codicils are ordered to be recorded and in the notion of David CLOYD, James R. KENT, and Joseph CLOYD Jr. the executors therein named who made oath and entered into bond in the penalty of two hundred dollars conditioned according to law a certificate is granted them for obtaining a probate of the said will and codicils in due form.
Teste R.D. MONTAGUE
A copy teste R.T. ELRETT, Clerk
A copy as recorded in Will Book No 5 pages 161 Montgomery County Court
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