WILL OF JOSEPH DORTON

Russell County, Virginia
Will Book 6, Pages 328 & 329
Executed 05 Aug 1851

I Joseph Dorton of the County of Russell and State of Virginia do make and publish this my last will and testament in manner and form following, that is -

First, I give to my wife Martha the use and control of the plantation whereon I now live during her natural life, four head of horses namely Ball and Jim & the two mares and also my slave Susan to hold during her life and all my stock of cattle, hogs and sheep and all my poultry and all my household and kitchen furnature except as herein after provided, which I desire she shall keep on the plantation for her own use and that of my family so long as she lives except such as it may be necessary for her to sell for her support, & after her death I desire the property aforesaid to go as herein after provided.

Second, After the death of my wife I give to my two sons Zachariah and Oliver the plantation where I now live, and I desire that they shall remain upon the same during the life of my wife and cultivate and use the same as she may permit and desire. I also give them all my farming tools and one horse each as follows: I give Zachariah a black horse and Oliver a bay horse & to Oliver my stock of bees but still to remain on the place for the use of all my family.

Third, I give my plantation is Scott County where my son John now lives to my two sons John and Elcana to be divided between them as follows: Begín at a corner I think it is on three white oaks that stand near a branch by Thos. Hortonís fence, and from there down the branch to the spring and dividing the spring with the branch to where it sinks & from thence straight on to the south line of the plantation. The west end of the place I give to Elcana and the east I give to John. I also give to Elcana the horse which he now has and claims, saddle etc. and one good bed, bed stead & furniture.

Fourth, I give to my son Joseph one dollar and no more besides what I have heretofore given him.

Fifth, To my son William I have already given all I can give and more than his share of my estate, and I desire that he shall pay to my daughter Mary Culbertson fifty dollars in property, and I also desire that my son John shall pay to her fifty dollars in property.

Sixth, I give to my son Edward two hundred dollars in money & also my black woman Hannah, and I desire him as soon as my decease to sell her to someone who will take her to the South or else to take her there and sell her himself, and also one horse saddle & bridle the one which he now has and also one good bed, bed stead & furniture & whatever other furniture my wife shall chose to give him.

Seventh, I desire that my two sons Zachariah & Oliver shall each pay to my daughter Unity Osborne fifty dollars in property.

Eighth, The blacksmith tools a cross cut saw and the augers & drawing knives already belong to my four sons that are now with me & I make no other disposal of them.

Ninth, After the death of my wife I desire that my Negro girl Susan & whatever increase she may have and whatever other property is not herein disposed of shall be divided between my children as follows: Unity Osborne and my son Edward to have my girl Susan & her increase and whatever other property there may be to be divided equal between all the rest of my children except Joseph.

Tenth, I hereby constitute and appoint my brother John Dorton executor of this my last will and testament revoking and declaring null and void all former wills by me heretofore made. Given under my hand and seal this 22nd day of July in the year 1850.

Joseph X Dorton (Seal)

Signed & sealed in the presence of us by Joseph Dorton as and for his last will & testament

Wm. B. Aston
Wm. Fugate
John Dorton

At a court of Quarterly session held for Russell County at the courthouse on Tuesday the 5th day of August 1851.
This instrument of writing was exhibited in court as and for the last will and testament of Joseph Dorton deceased, and proven by the oaths of Wm. B. Aston and John Dorton two of the subscribing witnesses thereto, and ordered to be recorded; and on the motion of John Dorton executor therein named who made oath, and together with Jacob Dorton his security, entered into and acknowledged a bond in the penalty of four thousand dollars conditioned as the law directs, certificate is granted him for obtaining probat of said will in due form.

Teste,
James P. Carrell, C.R.C.


This file contributed by:Michael Dye


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