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WILL OF GEORGE W SUMMERS
I George W Summers of Kanawha County, in the Commonwealth of Virginia being sound mind and memory, do make publish and declare this to be my last will and testament, hereby revoking and annulling any and all will which I may at any time heretofore have made,
1, under the last Will and Testament of my brother the late Lewis Summers I became entitled as his residuary legatie to two shares in the slaves of my fathers estate, the holding and being entitled to one share in his own right and also my share and proportion of said slaves which he has acquired by purchase from me. After his death these slaves were divided between my sisters, June, Celina, Lydney and myself, the only parties entitled under my fathers will and in that division Levi, Sandy, Jack, Thenia, and the her youngest child were allocated to me, the child of Thenia has since died, but she had two others since the division Betty and James. Two other slaves Frederick and Jim were the property of my brother in his own right by purchase, these also became mine by the provisions of his will, as to these slaves, it is my will and desire and I hereby direct that Frederick be emancipated and set free, at the and of the year within which I may depart this life, and that the sum of one hundred dollars be paid him by my Executors, that Jim shall continue to serve as a Slave for the residue of the year within which I may die, and for one year in addition, at the end of which time, I hereby direct and require that he be emancipated and set free, and that a sum equal to one half the value of his last years hire, or service be given him by my executors, that Sandy continue to serve as a Slave for three years after my death, at the end of which time he be set free and emancipated, and that the sum of fifty dollars be paid him at that time by my executor, that Jackson otherwise called Jack continue to serve as a slave for the term of five years from the time of my death, at the end of which period he be set free and emancipated, and receive from my executor the sum of fifty dollars, that Thenia continue to serve as a Slave for the period of six years from the time of my death, at the end of which time she be set free and emancipated, and receive from my executor the sum of twenty five dollars. It is also my will and desire that Thenias daughter Betty and son James - together with any other children she may have prior to the time of her emancipation and the increase of the females thereof be set free and emancipated, when they shall each respectively attain the age of twenty-eight years,
I have heretofore offered freedom to my faithful and excellent old man Levi, and he has always declined it, preferring to remain in the family, If after my death he prefers to be free, I do hereby give him his freedom, in full form and fifty dollars in money, but should her prefer to remain as he is, I do hereby enjoin it on my executor to see that he is well taken care of as long as he lives, that he be permitted to work when and as he pleases (he being by nature too industrious to be idle when able to work) and that he be give such small sums of money from time to time, as he may desire and as may be thought reasonable.
2, My Negro boys Lafayette and Same, and my negro girl Martha and her son Wesley and my negro girl Jenney with the future increase of said girls. I give and bequeath to my beloved wife, Annacetta L Summers, hereby recommending and requesting, that at some future period, according to her own situation and their deservings, she emancipate and set free said negros, I also bequeath to my said wife Thenia and her children, and their increase until they shall respectively be entitled to their freedom, by virtue of the proceeding clause or section of this Will.
3, I give and bequeath to my beloved wife, during the term of her natural life, my dwelling house and the two acres of land on which it is situated, with the appurtenances being the same where we now reside. Near the Town of Charleston and I give to her without reservation, all my household and kitchen furniture, plate, portraits, etc.
4, I give and bequeath to my sisters Jane and Celena, during the term of their natural lives and the life of the survivor of them, should she desire to reside on the premises fifty acres of the Walnut Grove farm lying in the County of Putnam to be so laid off as to include the dwelling house thereon, and such of the out houses as they may desire or have use for, the Garden Lot in front of the house and one half of the Orchard, the residue of said fifty acres to be so laid off as to be most conveyment for cultivation in connection with the said dwelling house, garden, orchard.
5, It is my will and desire that the residue of my real estate be leased or rented by my executors in the best manner to prevent waste and injury thereto, and at the same time upon terms most likely to under the same productive and that the proceeds thereof be paid to my beloved wife, who is hereby nominated and appointed by me the guardian of our children, yearly for her and their support and maintenance and for the education of said children, and I here express the earnest hope and desire that my dear wife with prudence and economy will be able to realize such sum yearly from the negros and land aforesaid as will be sufficient to support here comfortably and enable her to educate our children as she know I wish them educated. Virtue and intelligence are to be prized above all fortune, but should the annual revenue of said lands prove inadequate to the proper training and education of our children and the sale of a portion of my real estate become necessary and proper to effect that and in the opinion of my wife and executors I hereby authorize said executors to sell and dispose of my tract of land, lying between Big Hurricane and Little Hurricane creeks, on the Kanawha River in the County of Putnam, the proceeds to be devoted to the purpose aforesaid or if my wife shall at anytime elect to remove to the Walnut Grove Farm and reside there, then in like necessity, I authorized and direct the sale of the house and lot near Charleston in which we live, in lieu of a sale of the said tract of land, the proceeds of said house and lot to be devoted to the name object,
6, I give and bequeath all the estate I may posses of every kind whatsoever and all that I may hereafter acquire subject to the provisions hereinbefore contained to my three children Lewis Summers, George Laidley Summers and Mary Louisa Summers, to be equally divided p between them, share and share alike, except as provided in the succeeding clauses,
7, My stock of all kind, farming utensils.. I desire to be sold by my excors, unless the same can be advantageously used and disposed of, in connection with the leasing or renting the farm at Walnut Grove,
8, My books, papers I give and bequeath to my two sons Lewis and George,
9, The monies in Bank at Charleston, to my credit as Exor of Lewis Summers, belongs to my sisters Jane and Celena, and their other dividends I have paid them regularly. The stocks at Winchester and Wheeling and Tas R Bonds guaranteed by the State, all in the name of Lewis Summers, and ten shares in Bank Valley at Winchester in my name, bought with proceeds of Fairfax Lands, all belong to Jane, Celena and Sydeny equally, they have received all dividends therein except Jane & Celenas undrawn money in bank. I hereby transfer stock, money, and bond to them. Where stock have remained in my mane as exor at their request, I have never used one dollar of dividends even temporarily.
30th July, 1849 Geo W Summers,
At a circuit count held for Kanawha County, at the Court House thereof the 7th day of October 1868.
This writing purporting to be the last Will and Testament of George W Summers decd, late of this count, was produced in Court for probate, and there being no subscribing witnesses thereto, Samuel A Miller and Wm Lydney Laidley were sworn and severally deposed, that they are well acquainted with the Testators handwriting, and verily believe that the said writing and name thereto subscribed to be wholly written by the Testators own hand. Whereupon the said Will is ordered to be recorded as the true last Will and Testament of the said George W. Summers decd
Teste John Slack, Clerk
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Transcribed from Microfilm by Tammy and Steve Barber.
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