1862 Will - Joseph Rives
Introduction
Franklin County, VirginiaWill Book 15, p29
7 Jul 1862
Transcript
I Joseph Rives of the County of Franklin and State of Virginia do make and declare this Instrument which is written with my own hand and subscribed with my name to be my last Will and Testament revoking all others made by me heretofore.Item the first - It is my will that all my just debts be paid as even as the situation of my Estate will admit of its being done.
Item the Second - It is my will that all my stock of every description household furniture be sold on a credit of twelve months and the money arising from such sale to be assets in the hands of my executor for the payment of my just debts and legacies.
Item Third - I give to my daughter Cynthia A. Dickinson widow of Robert N Dickinson one ninth part of my estate and she is to be charged and account for what she and her husband has received by way of advancement which may be seen by refference to an account of advancement against her and her husband in his lifetime.
Item the Fourth - I give to my Executors in Trust for the benefit of my daughter Ann E. Mayo (wife of David M Mayo) one ninth part of my estate and she is to be charged and account for what she may have received by way of advancement which may be seen by refference to an account of advancement against her to be paid to her in such sum or sums and at such times as my executors may in their judgment deem to be for her best interest and after the death of my said daughter, if there should be any thing in the hands of my executors of the legacy that was coming to my said daughter then and in that event it is to be paid to my said daughters children in equal proportion as soon as they may be entitled to receive the same.
Item the Fifth - I give to my Executors in Trust for the benefit of my daughter Harriett N Dickinson (wife of John Dickinson) one ninth part of my estate and she is to be charged and account for what she may have received by way of advancement which may be seen by refference to an account of charge against her and after the death of my said daughter if there should be my portion of her legacy remaining in the hands of my executors they are required to pay the same in equal proportion to her children.
Item the Sixth - I give to my daughter Sarah J Sutherland (wife of Jacob P Sutherland) One ninth part of my estate and she is to be charged and account for what she may have received by way of advancement which may be seen by refference to an account of charges against her.
Item the Seventh - I give to my sons George W Rives, Doctor B F Rives, William W. Rives and Robert B Rives to each of them one ninth part of my Estate, and each of them is to be charged and account for what they may have received by way of advancement which may be seen by refference to an account of charges against each of them.
Item the Eighth - I give to my GrandSon Joseph S Nickolson (a son of James L Nickolson Deceased) one ninth part of my Estate and he my grandson is to be charged and account for the amount I gave to James L Nickolson in his lifetime by way of advancement which may be seen by refference to an account against him the said James L Nickolson for advancement, and it is to be remembered and distinctly understood that in the event, that if my said GrandSon should depart this life in a state of minority or depart this life leaving no lawful children then and in that event such portion of my estate as may be coming to him shall revert back unto the hands of my executor and be assets in his hands to be paid over to other legatees and distributees in my estate, and in order that this clause of my will shall be carried into effect agreeable to my wishes I require of my executors when they make settlement with my Grandson or his guardian should he have one that before my executor shall be compelled to pay any such legacy he shall require a Refunding Bond with security to be executed conditioned to pay back or refund all monies that may have been paid him and this clause of my will, provided that my Grand Son should depart this life in a state of minority of depart without leaving lawful children and upon a refusal to execute such bond, then and that event my executors is herein instructed by me to pay the same to my other legatees and distributees.
Item the Ninth - It is my will that my son Robert B may have my Tract of land lying on the north side of the mountain Branch of Jacks Creek adjoining the lands of Jane Patterson Michaell Zeigler and others supposed to containe some hundred and twenty five acres or more the precise number of acres not known at six dollars per acre to be paid in equal instalments in one two and three years, should my said son wish not to take the whole tract of land he is at liberty to take any portion of it he may choose to take and the balance of said land to be sold on credit of one two and three years credit and the money arising from such sale shall be assets in the hands of my executor.
Item the Tenth - I give to my sons William W and Robert B Rives my whole library of Books in addition to what they have already received to be equally divided between them agreeable to value.
Item the Eleventh - It is my will that my negro man Lewis and my home woman Delila have the liberter of choosing their master or mistress and in that event if either of them should make choice to live with my sons William W Rives Robert B Rives or my daughter Sarah J Sutherland wife of Jacob P Sutherland then and in that event neither of my sons or my daughter is to pay my price for them they are to go free without charge But should my said slaves or either of them choose any other person for their master or mistress then and in that event those persons thus chosen by said slaves is to pay a price for them to be ascertained by men selected for that purpose, my other slaves to be sold on credit of twelve months and the proceeds of such sale be assets in the hands of my executor to pay legacies and just debts against my estate.
Item the Twelfth. It is to be remembered that I have a limestone quarry with some small portion of land attached to it, my will is that the same remain unsold for the benefit of all my children that may choose raise limestone and make lime, but by the unanimous consent of all my children living in this country, the same may be sold and the proceeds of such sale be assets in the hands of my executor to pay legacies and debts.
Item the Thirteenth - I give to my Grandson Jacob J Rives my Rifle Gun, but in the event should he depart this life in a state of minority then and in that event the same is to be sold and the proceeds of such sale be assets in the hands of my executor to pay legacies.
Item the Fourteenth - It is my will that each one of my children and grand children who is made legatees by this my last will shall be charged with the hereinafter named same as advancement made to them that is to say - To my daughter Cynthia A Dickinson widow of Robert N Dickinson Deceased, the sum six hundred and seven dollars in cash and property also lands in Illinois to said Cynthia A to the amount of Five hundred Dollars which sums amount to the sum of Eleven hundred and seven Dollars which my said daughter is chargeable with as advancement to her as legatee in my estate - these is to be charged to George W Rives seven hundred and thirty seven Dollars this amount to him as advancement as legatee in my Estate 0 there is to be charged to my grand son Joseph S Nicholson son of James L Nickolson Deceased the sum of Five hundred Dollars advanced to said James L Nickolson in his lifetime by way of advancement. Doctor B F Rives is not chargeable with any amount as advancement. To be charged to Ann E Mayo (wife of David M Mayo) the sum of One hundred and sixty dollars as that amount received as advancement. To be charged to Harriett N Dickinson the sum of Eight hundred Dollars for a negro girl and other property as so much advanced to her as legatee in my estate. To be charged to William W Rives the sum of Two Thousand Dollars for land and other property as so much advanced to him a legatee in my estate to Sarah J Sutherland (wife of Jacob P Sutherland) the sum of Eleven hundred Dollars for land and other property advanced to her as legatee in my Estate. To Robert B Rives Two Thousand Dollars for land and other property advanced to him as legatee in my Estate and if it should as happen that any of the lagatees in my estate have received in advance more than an equal portion of my estate then and in that event it is at the option of such legatee whether they will refund any portion of the amount thus received, and those that may choose not to do so and have no further claim against my estate for a legacy but must be satisfied and content with this advancement.
Item the Fifteenth - Should any disputes or difference arise or take place with any of the legatees in my Estate (which I hope and trust there will be none) from the want of legal expression or the usual technical terms or because too much for too little has been said or any of the devises to be consonant with law, it is my will and direction expressly is that all disputes if any should arised shall be decided by disinterested men known for properly and good understanding to be chosen by the parties each having the right to choose, which men when chosen shall be unfettered by law or legal construction of law shall declare the sense of the Testators intention and such decision is to all intents and purposes to be as binding on the parties as if it has ben given in the Supreme Court and any legatee refusing to go into such an arrangement to settle claims or for the adjustment of any dispute that may arise shall forfeit all title or interest that he she or they may have as legatee in my estate and the legacy or legacies this forfeited shall be assets in the hands of my executor to be given to those legatees and distributees that has complied with this my request and desire.
All interlineations made in my own handwriting was done by me before I assigned and sealed this my last will and Testament.
In witness of all and such of the things herein contained I have hereunto set my hand and seal this seventh day of July One Thousand Eight hundred and Sixty two.
N C CarperJoseph Rives (Seal)
Ro A Scott
James E Greer
At a Court held for Franklin County at the Courthouse on the 5th day of August 1867.
This Last Will and Testament of Joseph Rives Decd was produced in Court and proved by the oaths of Nickolas C Carper Robert A Scott two of the subscribing witnesses hereto and admitted to record. And on the motion of Robert B Rives who made oath and executed bond with surity according to law certificate is granted him to obtain letters of administration on the estate of the said Joseph Rives Deceased with his will annexed in due form. Revenue stamps on will and Bond according to law.
Teste Ro A. Scott C. F. C.