WILL OF RICHARD PRICE, SR.

Russell County, Virginia
Will Book 2, Pages 3 - 12
Executed 24 May 1803

I Richard Price Senr. of Russell County and State of Virginia being sick and weak in body, but of sound mind and disposing Memory (for which I thank God) and calling to mind the uncertainty of Human Life and being desirous to dispose of such worldly Estate as it hath pleased God to bless me with I give and bequeath the same in manner following that is to say

1stly. I desire that all they debts due to me be collected and out of the monies arising therefrom all my Just debts and Funeral Expenses be paid.

2ndly. After the payment of my debts and funeral expences I give to my beloved wife Priscilla Price one bed and furniture and one horse or mare worth twenty five pounds as the now rate and four cows and calves and all her wearing clothes this is all I leave to her of my Estate both real and personal.

3dly. I give to my Daughter Hannah Anderson that part of Elk Garden Tract of Land whereon she now lives it being in Russell County on the waters of Cedar Creek a branch of Clinch River Beginning on the easterly line of said Tract on a spur of the Rye Grass mountain and running down the top of said spur to a black walnut and spanish oakmark'd with two chops on each side of each tree and from thence running a Northward course to two sugartrees near the dry branch by Samuel Robinsons field and is mark'd with two chops on each side of each tree, and thence running up said branch to a Large Rock on the North side of said branch and from the top of said Rock Thence a northward course to a spanish Oak and Beech mark'd on each side with two chops thence running an Easterly course over a chesnut Knob to a chesnut mark'd on each side with two chops Thence to two sugartrees growing out of one root mark'd on each side with two chops and standing on or near another line of said Elk Garden Tract and thence with the lines thereof to the Beginning to be enjoyed by her and her heirs forever.

4thly. I give to my daughter Mary Robinson that part of my Elk Garden Tract it being in Russell County on the waters of Cedar Creek a branch of Clinch river Beginning on an easterly line of said tract at two sugartrees growing out of one root mark'd with two chops on each side which is a conditional corner to that part of said tract I give to my Daughter Hannah Anderson and running thence with her conditional lines to a chesnut mark'd with two chops on each sidethence over a chesnut knob to a spanish oak and beech mark'd with two chops on each side of each tree thence to the top of a large rock by the dry branch thence with the said branch to two sugartrees another corner of Hannah Andersons conditional line by the dry branch thence leaving her lines running down said branch to a black walnut on the bank of said branch mark'd with two chops on each side thence crossing said branch and running a Northwestwardly course crossing another dry branch and running up the point of a spur of Preece Mountain to a small spanish oak mark'd with two chops on each side thence running up the point to the top of the end of said spur thence leaving my Elk Garden tract and running up said spur ___ another tract of my land containing one hundred and forty acres to a white oak corner to said tract at the foot of Preecs Mountain by a path thence Northeastwardly with the different lines of said tract to where it joins my aforesaid Elk Garden tract thence with a line of said tract a Northwetwardly course to two buckeyes and two sugartrees corner to said tract thence with another line of said tract to the beginning. also another tract of fifty four acres lying in said County on the south end of Preece Mountain to be enjoyed by her and her heirs forever.

5thly. I give to my son Richard Price twenty five acres of land lying in Russell County on the waters of Cedar Creek a branch of Clinch River and is part of a forty five acre tract which was granted by this Commonwealth to Jacob Crabtree to be enjoyed by him & his heirs forever.

6thly. I give to my son Thomas Price a part of my two tracts of land containing eight hundred and sixty six acres they lying in the County of Russell on the north fork of Cedar Creek and is joining the lands of James McFarlane Samuel Robinson Senr. and Henry Smith deceast and is the tract whereon Thomas Flowers now lives and is bounded on the upper end with a conditional line from the line of said tract where Edward How lived running in a direct course along the edge of the broken land that lies between the said Flowers and Garland Hurts crossing the creek to the opposite line of said tract of tracts also a black mare eight years old and one young bay mare and two cows and calves one feather bed and furniture one axe and one hoe, and it is my will that he receive the rents of the said tract which I gave him, as soon as he is twenty years of age and one bar sheer plow, to be enjoyed by him and his heirs forever.

7thly. I give to my son Crabtree Price the upper part of my two tracts of land both containing eight hundred and sixty six acres they lying in the County of Russell on the north fork of Cedar Creek a branch of Clinch River beginning at the conditional line at the upper end of the tract I give to my son Thomas Price which said land is joining the lands of Simeon Jackson George Mutter and Michael Sword and two young horses or mares worth twenty five pounds each as horses now rates two cows and calves one feather bed and furniture one bar sheer plow one axe and hoe, also to have the rents of the tract I give him when he is twenty years of age to be enjoyed by him and his heirs forever.

8thly. I give to my son William Price that part of my Elk Garden tract it lying in Russell County on the North Fork of Cedar Creek a branch of Clinch River beginning on an easterly line of said Elk Garden tract and running so as to strick the Northwest side of a bunch of rocks thence down the south side of Hedry branch through Will Davices clearing near the point of a ridge thence bearing to the left so a to strike the top os said ridge and with the top of said ridge a straight course to the opposite line of said tract and from thence up to another conditional line running across the Elk Garden tract so as to cross the top of the ridge between Abagil Beavours's and the School House and with a direct course across said tract and through a thirty one acres tract to the line next Andrew Martins thence with the lines of said tract to a forty five acre tract including twenty acres of the same and thence with the lines of said Elk Garden tract to the beginning including the Ervin improvements and the old botton field and joining the lands of John Ervin & Thomas Price senr., and two young horses or mares worth not less than twenty five pounds each as horses now rates and two cows and calves one feather bed and furniture one bar sheer plow axe an hoe an to receive the rents of said tract when he is twenty years of age, to be enjoy'd by him and his heirs forever.

9thly. I give my son Joseph Price that part of my Elk Garden tract it lying in Russell County on the north fork of Cedar Creek a branch of Clinch River beginning at the corner next Andrew Martins of the conditional line at the upper end of the tract I have give to my son William Price and with said line running across said tract to the opposite line thereof and with said line to the beginning corner of said Elk Garden tract thence with a line thereof to the creek thence up the said creek far a nough so as to strick from thence across the top of the first highest part of the Elk Garden ridge above the school house including part of the land I now live on and part of another one hundred and forty acre tract and thence crossing a rocky knob in the bottom below my Elk Garden field thence with a straight course crossing the dry branch to the line of said tract next Andrew Martins thence with a line of the same to the line of a thirty one acre tract thence with a line of the same to the beginning and two young horses of mares to be worth not less than twenty five pounds each as horses now rates two cows and calves one feather bed and furniture one bar sheer plow one axe and hoe together with the rents of said tract from and after he is twenty years of age to be enjoy'd by him and his heirs forever.

10thly. I give to my son John Wesley Price that part of my Elk Garden tract it being in Russell County on the waters of Cedar Creek a branch of Clinch River beginning at the conditional line at the upper end of that tract I give to my son Joseph Price on the top of the highest point of Elk Garden ridge next aboce the school house and thence running along the top of said ridge up on the end of Preece Mountain to a line of my one hundred and forty acre tract and with a line of the same down the south side of said mountain to a white oak by a path corner to said tract and thence with the conditional lines of my daughters Mary Robinson and Hannah Anderson round to the line on the opposite line of the said Elk Garden tract then with a line of the same down to the conditional corner of that tract I give to my son Joseph Price next to Andrew Martins thence with the said conditional line to the beginning. Also two young horses of mares to be worth not less than twenty five pounds each as horses now rates two cows and calves one feather bed and furniture one bar sheer plow one axe one hoe together with the rents of said tract of land as soon as he is twenty years of age to be enjoy'd by him and his heirs forever.

11thly. I give to my son Henry Carr Price all the remaining part of the plantation I now live on and the remaining part of my one hundred and forty acre tract not herein before disposed of and another small tract of land containing forty seven and an half acres joining the lands of Thomas price Junr. Jesse Browning and the said plantation I now live on. Also two young horses of mares to be worth not less than twenty five pounds each as horses now rates and two cows and calves one feather bed and furniture one bar sheer plow one ax and one hoe together to him and his heirs and to be enjoy'd by them forever.

12thly. I give to my grandson Benjamin Johnson Price and to as many children as is or may be born to my son Richard Price jointly that plantation whereon my son Richard Price now lives it lying in Russell County on the south fork of Cedar Creek a branch of Clinch River and ___ the land I give my son William Price and the lands of Thos. Johnson John Ferguson and Samuel Ewing also one sorrel mare eight years old one black mare three years old two cows and two year old calves and one two year old steer and forty head of young hogs mark'd in the right ear with a crop and an underheel and two feather beds and furniture one large pot and one oven one puter dish bason & six plates and one shovel plow one ax and one hoe together to be enjoy'd by him and them forever.

13thly. All the rest of my lands not herein before disposed of (to wit) my three thousand acre tract lying in Knox County in the State of Tennessee; and eight hundred acres in the County of Lee on the State of Virginia and two hundred acre tract lying near the Glade Hollow and four hundred and twenty acres lying on the south side of the Rye grass Mountain and one hundred and eighty four known by the name of the deer flat, (the three last mentioned tracts are lying and being in Russell County in the State of Virginia) I give and dispose of in manner following that is to say; I give to my daughter Hannah Anderson one equal childs part, I give to my daughter Mary Robinsob one equal childs part, I give to my son Richard Price's children one equal childs part jointly, I give to my son Thomas Price one equal childs part, I give to my son Crabtree Price one equal childs part, I give to my son William Price one equal childs part, I give to my son Joseph Price one equal childs part, I give to my son John Wesley Price one equal childs part, I give to my son Henry Carr Price one equal childs part, with all the appurtenances thereunto belonging to them and their heirs forever.

14thly. I will and grant my son Richard Price the free priviledge of living on and occupying all the lands which I have disposed of by Will to his children receiving the rents and profits arising from said lands and also the use of all the stock or stocks of creatures with their increase and all other things which I have herein wiil'd to them to sell, and purchas for their use and for their schooling for and during his natural life and if he should die before his wife Nancy price I will that she enjoy all the privileges (that he enjoy'd in his life) during her natural life or widowhood.

15thly. I will that my beloved wife Priscilla Price do live on the plantation whereon I now live and to have the sole management of all my Negroes and all the livestock or stocks of every kind and to received all rents which is not herein before disposed of from the different tracts of land and also to receive all monies that is now of may become due to the Estate to sell out and to buy in such stock or stocks as will be most to the improvement of the Estate and support of the Family and to school and educate the children as well as it is in her power and to have the use of all the working tools of what kind soever belonging to the plantation for the benefit of the family and to have a free priviledge of the use of the aforesaid plantation and property untill my son Henry Carr Price comes of age, and all monies more than is necessary for the use and support of the family I will that she put into the hands of my executors herein after named to lay out on Interest for the benefit of the Estate, and when my son Henry Carr Price comes of age I will then that she deliver up the plantation to him and also that she deliver up all the Negroes and all the stock or stocks of every kind and all the plantation tools of every kind and all other utensils that may be on hand to my executors to be sold or divided in that manner that a majority of the Legatees will agree upon saving to her self her choice of one of the Negroes and one horse or mare worth not less than twenty five pounds four cows and calves four head of sheep two feather beds and furniture one womans saddle and all her wearing clothes and all such other things of the household furniture as she shall think she will stand in need of for her comfort and support and two hundred dollars in cash also I will that she have the priviledge of living in the house wherein I now live during her life or widowhood and a free priviledge for her stock of every kind and to have the free use of the grass that may grow in that meadow joining the barn and I will that my daughters Hannah Anderson and Mary Robinson and my sons Thomas Price, Crabtree Price, William Price, Joseph Price, and John Wesley Price pay and deliver to her at her dwelling house one barrel and an half of good sound corn in the month of December every year after my son Henry Carr comes of age during her life or widowhood and I will that all that part of the Estae that remains in her hand at her decease I leave solely to her to will and dispose of as she may think best.

16thly. I will that my executors lay off and divide and make a deed of conveyance or deeds as the case may be to Benjamin Sharp of Lee County for one half of sixteen hundred acres of land lying in the said County of Lee which we are in partnership in. And also that they make deeds of conveyance to all my heirs as they come of age for all my lands and parts of land as I have herein before disposed of by will which deeds shall be as good in Law against the claim or claims of my heirs executors and administrators and all other persons whatsoever as if I myself had executed the same.

And Lastly I do hereby constitute and appoint my sons-in-law John Anderson & Samuel Robinson Junr. and my son Thomas Price Executors of this my last Will and Testament hereby revoking all other of former wills or Testaments by me made hertofore.

In witness whereof I have hereunto set my hand and affixed my seal this ninth day of March one thousand Eight hundred and three.

Richard Price (Seal)

Signed sealed published
and declared as and for the
Last will and Testament of
the above named Richard
Price in presence of us

Francis Browning
          mark
Abram A Fullar
           his
Henry Burke

Charles Holliday

At a Court held for Russell County the 24th day of May 1803.

This Instrument of writing was exhibited on Court as and for the Last will and Testament of Richard price dec'd and proven by the Oaths of Francis Browning Abram Fuller and Charles Holliday witnesses thereto and Ordered to be recorded:
And on motion of John Anderson, Samuel Robinson Junr. and Thomas Price executors therein named certificates is granted them for obtaining Letters Testamentary in due form they having first made oath and entered into and acknowledged their bond in the penal sum of Twenty Thousand Dollars together with Henry Smith Francis Browning and Henry Dickenson their securities conditioned as the Law directs.

Teste
Nathan Ellington D.C.


This file contributed by: Michael A. Dye


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