Will Book B, p107
4 Dec 1821
Morgan County } In the name of God amen. I Simon Rives of sound mind and disposing memory and of my own free will and accord do make constitute and appoint this my last will and testament as follows, I will my just debts first to be paid and of such monies as may be on hand at my demise or the first realized from collection on the sale of produce. I will the whole of my Estate both real and personal to be kept in one common undivided stock with such exceptions as may herein after be pointed out and that so much of the annual income as my executor shall find necessary be applied to the schooling, clothing and supporting my children until they all arrive at woman or mans estate when an equal division shall be made between my Daughter Eliza and my sons Thomas and John they are severally at that time of said division to give their bonds to my executor to pay annually into his hands the sum of one hundred and fifty one Dollars each for the support of my unfortunate daughter Mary so long as she shall live and I particularly enjoin it on them to treat her with that filial tenderness and regard which her helpless and dependent situation may call for at their hands. Should my Daughter Eliza change her situation by entering into the married State before my sons become of age in that event I will a division of my Estate to take place immediately and the foregoing acquisition as regard the provision for my Daughter Mary complied with and the part of the person who shall come in possession of Eliza's portion and for my executor to apply the necessary proportion of my sons legacy to the same object untill they become of lawful age when the letter of the will shall be more fully carried into effect by their giving bonds in the manner already pointed out for the performance of said Duty. I will to John Heard of Washington County the use of Ten Head of the cattle which as stock keeper he now has in charge and as an act of charity that he be suffered to remain in possession of the tract or parcel of land on which he now lives so long as the same is applied to his own immediate benefit while living and at his death for it to revert to my heirs general my Daughter Mary excepted. I will the stock which the aforesaid John Heord shall deliver over excluding the ten head to be sold as soon as legal notice can be given - I bequeath to William Landers of Washington County the use of that tract of land on which he now lives free of rent so long as he shall chose to continue on it and at his death in like manner with the Heord tract it shall revert to my heirs general Mary excepted whenever it shall agreeable to the spirit of this instrument become necessary to divide my negro property I enjoin it on my Executor to have it lotted off in families as nearly as an equitable distribution will allow so as to ameliorate their condition and avoid as much as possible the separating members who (?) and agree - To this my last will and testament I appoint John Wingfield Junr Executor and do hereby envest him with full power to carry the same into effect as witness my hand and seal this fourth day of December in the year of our Lord one thousand Eight hundred and twenty one.
Simon Rives (LS)
Signed in the presence of
Henry H. Cook }
H(?) Y Ware }
Joseph Reese }
Morgan County } Personally appeared in open court Henry H. Cook & Joseph Reese subscribing witnesses to the within instrument of writing purporting to be the last will and testament of Simon Rives Deceased and being duly sworn saith that they were present and saw the testator sign seal & deliver it and proclaim the same to be his last will & testament and that they signed the same as witnesses in presents of the testator and each other and that they saw H(?) Y. Ware subscribe his name as a witness to the same and further on oath saith that they believe the testator was at the time of signing said instrument of sound and disposing mind.
Sworn to in open court }Henry H. Cook
this 6th May 1822 }Joseph Reese
John Nisbet clk }
Recorded 10th May 1822
John Nisbet clk
John Greenleaf Rives who lived in Morgan and later Wilkes County.