1843 Will - Robert Rives
Introduction
Nelson County, VirginiaDeed Book G, p103
29 Mar 1843
Transcript
In the name of God, Amen. I Robert Rives considering the uncertainty of Life, and the duty of being prepared for death, do make and ordain this my last will and Testament, hereby revoking all former wills by me at any time made.Imprimis. I give to my son William C. Rives and Rufus King of Cincinatta (who is expected to marry my Grand daughter Margaret Rives) the tract of land in Nelson County, known by the name of Belle Vue containing one thousand and eighty eight acres as per plat herewith together with all the stock of horses cattle, sheep and hogs, the waggons, carts and implements of husbandry, which may be on said plantation, at the time of my death, also the following negro slaves on the plantation viz, Peter, Clinton, Jack, Armstead, Nesley, old Cato, and her two children (Aggy and Anderson) young Cato and her four children (Martha, Maria, Laura and Racheal) Daphne and her eight children (Elvira, Biey, Dick, Sam, Amanda, Jacob Matilda and a young child) two young children of the above named Elvira, Margaret and her two young children (Eliza & Nathan), old Racheal, Judy, the wife of Clinton, and Lewis a boy making in all Thirty and the following five slaves, now at Warren, viz. Old Fany Jane the daughter of old Fanny, and her three children (names unknown) making in all with those, now on the plantation Thirty five together with the future increase of the said slaves. To have and to hold all the aforesaid lands, slaves, tock of horses, cattle, sheep and hogs, and the waggon, carts and implements of Husbandry unto my said son, William C. Rives and Rufus King and their heirs, forever upon Trust nevertheless to and for the following uses and purposes, that is to say for the support of my son Landon C. Rives and his wife Maria and for the maintainance and education of their children during the lives of said son Landon C. and Maria his wife, and the longest lives of them, and at their deaths to be equally divided amongst their children, then living, and the decendants of such as are dead per stirpes. But it is my will and desire, if my son William C. and Rufus King should think it for the interest of those concerned to sell all or any part of the Estate hereby devised that they shall do so and invest the same in other property to be held by them, subject to the same uses. Trusts and limitations as before expressed.
2ndly. I give to my son Alexander Rives and William R Myers my Grandson in Law, the tract of land in Albermarle County, on the Green mountain, which was deeded by me to my son George Rives and afterwards reconveyed to me by him as appears of record in Albermarle County, containing about one thousand acres. Together with all the stock of Horses, cattle, sheep and hogs, and the waggons carts and implements of husbandry which may be on said plantation, at the time of my death, and the following slaves on the plantation, viz., Jim, Smiths, Colon, and his wife Rhoda, and their young child Nick, Patrick, Fluew, Syevia, Abby, Hannah Pheobe, Rhoda, Nicey, Emanual, Sam, Lindsay, Lucy, Robert Caty, Delphia, Emily, Louisa, Isham, Phillis, Jim Jr., Nathan a young child of Niey, Reiben, JOrdan and his wife Eliza, and their three children, in all Thirty three together with the future increase of the females also all the Household furniture, which was carried from Oak Ridge a short time ago, including Beds, chairs, wardrobes, piano &c &c, now in possession my daughter Pollard. To have and to hold all the aforesaid land, slaves stock &c to my Alexander Rives and William R Myers my Grandson in law & to their heirs forever upon trust nevertheless to and for the following uses and purposes, that is to say, for the support of my daughter Paulina C. Pollard, and her husband Richard Pollard and for the support and education of their children, during the lives of my said daughter Paulina C Pollard, and her husband Richard and the longest lives of them, and at their deaths to be equally divided among their children then living and the Descendants of such as are dead per stirpes. Bit it is my will and desire if my said son Alexander Rives, and William R. Myers should deem it for the interest of those concerned, to sell all or any part of the said Estate, and to vest the proceed thereof, in other property to be held by them, subject to the same uses trusts and limitations as before directed, then they are at liberty and empowered to do so.
3rd. I give to my daughter Peggy J. Rives, the Tract of land in Nelson County of which Alexander Boulware is now overseer, containing by a late survey as per plat herewith thirteen hundred & twenty eight acres, together with all the stock of horses, cattle sheep & hogs and the waggons, carts and implements of husbandry, which may be on said plantation at the time of my death, together with the following negro slaves now on this plantation viz Ned, Harrison, Damon, George, Flemming, Noble, Nash, Albert, Nick, Bob, Polly Aggy and her daughter (Martha), Sophia, Brittania & Nelson, in all sixteen and also the following slaves at Oak Ridge, (viz) old Flora, Major, Anny, Judy, George and his wife Bilinda, Maria and her husband Peyton Matilda and her husband Harvey, and their three children, Arina, and her two children, Amy the sister of Arina, House, Jimmy and his Aggy, and their child, Old Cook, Lewis, Cato and her husband Charles and Nathan the carriage dirver, in all twenty four making with those on the plantation in all forty, together with the future increase of the females. I also give her the choice of my carriages and pairs of horses, the new piano and the entire furniture of her two chambers.
4thly, I give to my son Robert, my Houses and lott near Warren now in his possession bounded by the lands of John Coles and the road leading from Warren to Scottsville, containing about fifteen acres.
5thly Having made the foregoing special bequests I proceed to make a schedule and disposition of all my remaining estate, as follows.
In the County of Nelson.
1st The oak Ridge tract of land, with all the Houses and improvements thereon containing as per plat herewith, Two Thousand, Five hundred & fifty five acres.
2nd. The Furniture in the Oak Ridge House, except what is before given in the third clause of my will, to my daughter Peggy.
3. The Stock of Horses, Cattle, sheep and Hogs & implements of Husbandry on the two plantations which are comprised in the Oak Ridge, tract of land, that is to say the Oak Ridge Plantation, and the one of which Agee is now ?.
4th One years entire crop to be made on these two plantations, it being my desire that no division may be made, of my property, but kept together for the benefit of my daughter Peggy, and the rest of my children until the ensuing January Twelve months after my death.
5. The negroes, hereinafter named, making in all one hundred and twenty four, together with the future increase of the females at Oak Ridge, Robin and his wife Sophia, and their six children (Susan, Racheal, Mima Robert, Arthur and Richard), Nancy, Martha, Amy, Silla and her young child Armistead and his children, Lavina, Esther, Fanny, Janes, Margaret, Nick, and a young child of Lavinias, Rachel and her four children Bolling, Salah, Willis & Janes ) John, Jane, and her young child, and Rhodas four young children (Amanda, Jenny, Frederick and Judy) Edmund, Clarkson, George (Hannahs child) Moses, Venus, John, Mays, Shelman Isham, Nicey and her child (Betsey) Jordan the Carpenter, Tom, Judys husband) Tom (Blacksmith sam (son of Judy) Abraham (son of Major), young Cook, Servis, William and Major (son of Charlotte) Joshua, Jordan, Anne, Susan and nurse for Aggy, Mary a nurse at variety, Jerry, Amanda and her two children (James & Caty) House Tom, Caroline, Davy (bought of D S Garland Estate) Obey, Olara, their daughers Mary, and her three children (Daney, Agnes & Clara), i all at Oak Ridge Sixty nine).
At Agee's Pompey, Jim, Ben, Harrison, Nat, Henderson, Matilda, Old Bob Bartlett, Old Shepherd, young shepherd, shandy, Jimy, Milley, Maria Balinda Lucy Dephia George, young Delphia Pompey, Kitty, Dilly, Belinda and her three children (Clara Edison, and a young child), Mary An and her four children, in all at Agees, Thirty two.
At Mrs. Murphy's. Solemon, Henry, Elbridge, Roland, William, Charles, Salley, Robert, William, Sarah, Meccew, Cynthia, Sonisa, Eliza, Harriet, Betsey, Anna, Paulina, Jordan, Dandridge, Edmund and Andrew, in all at Mrs. Murpheys, twenty two.
At Mrs Joplings, A negryo man and woman, at Mrs. Joplings, two.
6. A tract of land near Lovingston, where Mrs. Jopling and Abram Seay now lives.
7. A tract of land bought of Ponton near there to.
8. A tract of land on which land on which James Thompson now lives, near Callington's Tract.
9. A tract of land bought of Wm Perry near James D Brents.
In the County of Albermarle is
1. The tracts of land near Warren, bought of John Patterson (exclusive of the House and lots of about fifteen acres, hereinbefore given to my son Robert.
2. The land bought of Thomas J Randolph.
3. The land bought of Edward O Goodwin.
4. About One thousand acres of my Green mountain tract of land being that part of it called the wolfs trap.
5. The stock of Horses, mules, cattle, sheep and Hogs, the waggons, carts and implements of husbandry on my south warren, and Bolling Spring's plantation.
6. One years entire crop to be made on these two plantations it being my desire that no division be made of these two estates, until the ensuing January, twelve months after my death.
7. The negroes, hereinafter named, fifty in number, together with the future increase of the females viz. At the Bolling Springs, Billey, Winston Belling, Nelson, Davy, Joe, Bryan, Beverly, Johnson, Moses, JOhn Barrell, William, Edward, Madison, Anderson, Gracey, Judy Betsey, Nancy Bella, Eve, Margaret Sarah, Harriet, Masy, Rose, Frances, Nelly, bought of Coleman, and her two sons in all at Bolling Springs, Twenty nine,
At a South Warren, In Jopling, John Murphy, Adam, from my son Alexander, Nelson (Orange), Jesee, Joe, Horley, Henry, Judy, Mary Jenny & child Jane & child, Milley and her two children, Job, Racheal Rhoda Abram the Grandson of Old Fanny, and Simeon bought of Toges in all at south Warren, Twenty one.
In the County of Buckingham
1. My two third interest in the mills & lands owned by Rives & White, near Bent Creek.
2. My Two thirds of the negroes, stock and mice appertenances owned by Rives & White.
my Houses & Lots, in the town of Bent Creek & Lands near Bent Creek.
In the County of Campbell
My houses & lots in and about the town of Lysichburg, & the lands near, bought at the sale of Richard Pollard.
In the County of Patrick
1. Land bought by Rives & Murphy of Irving
2. A Tract of land purchased at the sale of Richard Pollard patented in the name of John Hook these two tracts are attended to by a Mo. Mullard who removed from the neighborhood of Nero Glasgow to that part of the State and and to whom I gave money some years ago to pay taxes &c.
166 shares of Bank Stock
James Rives and Kanawha Companys lands
The stok of every description and the furniture & crop at Mrs Murphys
The debts due me at variety on the stocks of Ro Rives & Co Rives & Murphy Rives Murphy & Broun, and Rives & Broun, which are all to ? to a new set of Books. The debts due me from the concern of Wm W Ferguson &Co My interest in the debts due the concern of Rives & White. My interest in the debts due the concern of Rievs & Harris, my interest in the debts and the concern of Rives Clarke & Co. Rives & Clarke, Rives Ferguson & Co CLark,e Ferguson & Co and Rives & Ferguson. The debt due me from the Estate of James Broun, and the debt due me from the Estate of Robert Burton, a large balance has been repeated by the commissioner of the Superior Court of Chancery for Richmond as being due to me from these two estates but is subject to the decision of the Court.
The above schedule is made in the data of of the present situation of my affairs, but as great changes may be made before my death, by collections or sales of some portions or by exchange or by acquisitions all of which changes I wish to be regarded as merely affecting the result of this residuary clause by augmenting or lessning? the subject to be divided; It being my intention to give and bequeath and I hereby give and bequeath all the residue of my estate whether real or personal not herein specifically divided and as well as that not herebefore enumerated, as that embraced by the foregoing schedule after the payment of my just debts and raising the annuities mentioned in the sixth clause of this will, to my sons - William, Robert, George and Alexander, each two twelfths, to the children of my son Landon, one twelfth, to the children of my daughter Paulina, one twelfth, and to the children of my daughter Lucy, one twelfth; the division of this residuary portion of my estate, I do not wish to be made nor the devises contained in the first and third of this will, to take effect, until the ensuing January twelve months after my death, it being my desire, that all my property, should be kept, together for that length of time, except on that portion devised by the second section to my son Alexander and William R Myers, of which tye are to have possession upon my death, it being at this time in the possession of my daughter Paulina and her husband. And as I do not wish that there should be any public sale, but an equal division of the property according to the above proportions, I would suggest that my children make the division themselves and to enable them to do this, I hereby constitute my son Landon to represent, his children, Richard Pollars to represent the children of my daughter Paulina, and Alexander Brown, to represent the children of my daughter Lucy, in making the division and if they cannot agree, then I will that my executors, hereafter named select three discreet and intelligent persons to make the division and I especially desire that in the division of my negroes, it may be made so far as is reasonable in the way most agreeable to them.
6thly. I give to my two sisters, Lavinia and Pheobe, each, two hundred dollars, per annum during life, and to Mrs. Elizabeth Murphy, the sum of One hundred & fifty dollars during her life to be paid out of the finds arising from the 5th clause of this will. And lastly I appoint William C. Rives, Mayo Cabell, Robert Rives and Alexander Brown, executors of this my last will and Testament.
In Testimony whereof I have hereunto set my hand and affixed my seal this Twenty ninth day of March, in the year of our Lord, One Thousand eight hundred and Forty three.
Signed Sealed Published and declaredRo Rives (Seal)
in the presence of
L? Garland
Ro C Cutler
Rich S Treiaferse?
Codicie - I hereby revoke the bequest hereinbefore made to Mrs. Elizabeth Murphy of my and fifty dollars, during her life; In witness whereof I hereunto set my hand, and seal this 24th day of February 1845.
Signed sealed published and declared by the testator as a codicilRo Rives (Seal)
in his last will and testament in the presence of
J Garland
A Hopkins
At a court held for Nelson County the 28th day of April 1845. This Instrument of writing purporting to be the last will and testament of Robert Rives decd was this day returned in said Court and proved by the oaths of ? Garland and Ro C Cutler two subscribing witnesses hereto and the codicil thereto annexed proved by the oaths of James Larland & Arthur Hopkins, two subscribing witness of thereto and ordered to be recorded. And on the motion of William C. Rives and Alexander Brown two of the executors therein named, who made oath the each and together with Robert Rives Jr, George Rives, Alexander Rives, Mayo Cabell, George W. Cabell, Andrew White Robert Mitchell, and Paul C. Callawy these securities entered unto and acknowledged a bond in the penalty of Two hundred Thousand dollars conditioned according to law certificate is granted them for obtaining probate of said will in due form of law.
Teste
? Garland CR