LAST WILL AND TESTAMENT
OF
HENRY TIMBERLAKE OF HANOVER COUNTY, VA - 1805
(State Historical Society of Wisconsin, 2VV215, 219)
Copied from old copy enclosed to me in the preceding letter
from Mr. Wm. H. Timberlake, and which, since transcribing,
returned to him.
(signed) L.C.D.
(From "Draper MSS)
In the name of God, Amen. I, HENRY TIMBERLAKE,
of the Parish of Pauls and county of Hanover, being of sound mind and memory
do make this my last will and testament. Imprints - I, having conveyed
to my son, CHAPMAN TIMBERLAKE, two hundred and forty-eight acres of land,
lying in the county of Hanover, do now give him and his heirs forever,
the following negroes, to wit: Peter, Mary and her increase, as his, the
said Chapman_s full proportion of my estate. I, having given to my daughter,
Mary, the wife of Alexander Anderson, to the amount of two hundred and
fifty pounds, do now give to her and her heirs one half of the money that
is due to me under the will of Thomas Austin, dead, as her full proportion
of my estate, and the other half of the money due to me under the said
Austin_s will I give to my daughter Sophia Timberlake and her heirs forever.
I give to my son Henry Austin Timberlake two thousand dollars in lieu of
land, to be paid to him or his heirs by my executors hereafter named, when
he arrives to the age of twenty-one years. I give unto my sons, Benjamin
Arthur and Reuben Timberlake, the track of land on which I now live to
be divided between them when my son Benjamin Arthur arrives of twenty-one
years, in the following manner, to wit: Beginning at pine at the forks
of the road leading to the house from the main road, and running down the
hollow to the foot of the hill, at the edge of the low grounds, and then
to run in such a manner as to divide the low grounds equally between them.
The part on which my dwelling house stands I give to my son Reuben Timberlake
and his heirs forever, and the other half I give unto my son Benjamin Timberlake
and his heirs forever. I give all the rest of my estate, not herein before
disposed of, to my son Benjamin Arthur Timberlake, my daughter Sophia Timberlake,
my son Henry Austin Timberlake, and my son Reuben Timberlake and their
heirs forever, upon the following conditions -- that the negroes and such
part of the stock and other property as my executors hereafter named, may
think proper, shall be kept upon the land on which I now live, for the
maintenance and education of my four last named minor children, until my
son Henry Austin arrives to the age of twenty (one) years-then for him
to have delivered the one fourth part of all the negroes and stock then
living and one fourth part of any money that may arise from the profits
of the said estate or from any part of it may be sold; I desire that the
remainder of the said estate may be kept together as before directed until
my daughter Sophia arrives to the age of twenty-one years or marries -
upon either happen, for my executors to give her one fourth part of the
negroes, stock, and money as I have directed to be given to my son Henry
Austin; and the remainder of the said negroes and stock I desire to be
kept upon the said land until my son Benjamin Arthur Timberlake arrives
to the age of twenty-one years and then the said negroes, remaining stock,
balance of the profits and one half of the money arising from sales, together
with the said land I desire may be divided between my sons Benjamin Arthur
Timberlake and Reuben Timberlake, which I give unto them and their heirs
forever -- the land to be divided in the manner that I have hereinbefore
directed. As witness whereof I have put my hand and affixed my seal this
second day of February in the year of our Lord Christ One Thousand Eight
Hundred and Five. Signed, sealed, published and declared in the presence
of (the words "estate" and "remainder" being first interlined) copy of
will of Henry Timberlake cont_d p.2 - Mch. 27-wmj (witnesses) DAVID TIMBERLAKE,
Jne. P. Winston, William Tyler, John Browning. (codicil) I do constitute
and appoint my son, CHAPMAN TIMBERLAKE, my son-in-law, ALEXANDER ANDERSON,
AND my friend, Peter Winston, Executors of this my last will and testament,
to whom I recommend in the most earnest manner, the care and education
of my younger children. Witness my hand and seal the date above written.
David Timberlake, William Tyler, John P. Winston, John Browning. -----------------------
2. At a Court of Monthly Session, held for Hanover County, at the Court
House, on Wednesday the 27th day of March 1805, this last will and testament
of HENRY TIMBERLAKE, deceased, and the codicil thereunder written, were
offered for proof by Alexander Anderson, one of the Executors in the said
codicil named, and were proved by the oaths of John P. Winston and John
Browning, witnesses thereto, also by the oath of the said Executor, and
are ordered to be recorded. Test: WILLIAM POLLARD, C.M.C. A copy: Teste:
RHO. Pollard D.C.H.C.
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