The Will of David Overton Anderson Albemarle County Court House: Will Book # 3 Written October 3, 1789 ***************************************************************** ****************************************************************** File contributed for use in the USGenWeb Archives Compiled and submitted by Sharon Barrett Kennedy USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non- commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. Unauthorized use for commercial ventures expressly prohibited. All information submitted to this project remains - to the extent the law allows - the property of the submitter who, by submitting it, agrees that it may be freely copied but NEVER sold or used in a commercial venture without the knowledge & permission of its rightful owner. 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Imprimis, I commend my soul to God who gave it hoping through the death and merits of Jesus Christ my Savior to be made partaker of the never fading joys of immortality at the day of resurrection and as to what temporal estate it hath pleased God to bes w upon me, I give and bequeath the same, in manner and form following. This is to say I give and bequeath unto my Son William Anderson and to his heirs and assigns forever four slaves (viz.) Will, Lucy, Massie and Jack or the survivors of them, with al the increase of the said four slaves from the day he had possession of them. Item, I give and bequeath unto my Son Nathaniel Anderson to his heirs and assigns forever four slaves (viz.) Coy, Frances, Ned and Dinah or the survivors of them, with all the increase of the said four slaves from the day he had possession of them excep Daphney, daughter of the said Frances. Item, I do give and bequeath unto my son David Anderson to his heirs and assigns forever, four slaves (viz.) Sal, Bess, Amey and John or the survivors of them with all the increase of the said four slaves from the day he had possession of them. I also ve and bequeath unto my said son David Anderson to his heirs and assigns forever all that tract of land and plantation containing by estimation three hundred acres, be the same more or less, situate in Hanover County which I purchased of Benjamin Hart. Item, I give and bequeath unto my son Richard Anderson to his heirs and assigns forever, four slaves (viz.) Jupiter, Easther, Hannah and Sawney, or the survivors of them with all the increase of the said four slaves from the day he had possession of the except Easther, daughter of the said Easther. Item, I give and bequeath unto my two granddaughters Mary Johnson Anderson and Elizabeth Anderson and to their heirs and assigns forever, four slaves (viz.) Harwood, Jessee, Daphney and Easther or the survivors of them, with all the increase of the said our slaves from the day my son Matthew Anderson, their father, had possession of them to be equally divided between my two said granddaughters at the death of their said father, reserving to him the use and said profits of the same slaves with their inc ase during his natural life. I give also and bequeath unto my said son Matthew Anderson my riding mare. Item, I give and bequeath unto my daughter Ann Minor to her heirs and assigns forever four slaves (viz.) Isaac, Cloe, Lydda and Sam or the survivors of them, with all the increase of the said four slaves from the day she had possession of them. Item, I give and bequeath unto my son Thomas Anderson to his heirs and assigns forever four slaves (viz.) Gilbert, Moses, Aggy and Winney with all the future increase of the said slaves. I also give unto my said son Thomas Anderson after the death of h mother my silver watch. Item, I give and bequeath unto my grandson Jack Anderson, son of Thomas Anderson, to his heirs and assigns forever all that tract of land containing by estimation four hundred and sixty five acres more or less tying and being in Hanover county which sai tract of land was conveyed to me by Deed and acknowledged by my said son Thomas Anderson at last May Hanover Court, relation thereto being had, will more fully appear provided. Nevertheless that the said tract of land shall forever be subject to sale b my executors thereafter named for the payment of any damages that shall lawfully accrue and come against my estate for and on account of my being bound as security for my son the said Thomas Anderson in a Bond Condition for his making a settlement of Ne oes on his wife, when he should arrive at lawful age, and whenever my son, the said Thomas Anderson, shall exonerate my estate from any lawful claim or demand whatsoever by account of being security for him as aforesaid, then it is my will and desire th the ------- legacy, to my grandson Jack Anderson sho-------and stand firm to all intents and purposes but not ------------- ----(corner of will ripped). Item, I give and bequeath unto my daughter Sarah Hudson and to her heirs and assigns forever four slaves (viz.) Patt and her son Ned, Sawney and Anne or the survivors of them, with all the increase of the said four slaves from the day she had possession f them. Item, I give and bequeath unto my son Edmund Anderson to his heirs and assigns forever, all that part of the tract of land in Hanover county, whereon I formerly lived, which lies on the north side of new found River, below the confluence of the said Riv, and the mile swamp, together with all the land on the north side of the said swamp up to the mill, containing two hundred and ten acres more or less. I also give and bequeath unto my said son Edmund Anderson to his heirs and assigns forever five slav (viz.) Frank, Roger, Beck and her two children Lydday and Lewis or the survivors of them with all the increase of the said five slaves from the day he had possession of them. Item, I give and bequeath unto my son Samuel Anderson to his heirs and assigns forever, all that part of the tract of land in Hanover county whereon I formerly lived, which lies in the fork of new found River with the improvements thereon together with e tract of land adjoining the same which I purchased from John Mayo on both sides the said River, containing in the whole four hundred and seventy eight acres more or less, reserving to my wife Elizabeth Anderson the free use of the said lands and impro ments during her natural life. I also give and bequeath unto my said son Samuel to his heirs and assigns forever five slaves (viz.) Peter, Pompy, Stephen, Abraham and Cate or the survivors of them with all the increase of the said five slaves from the y he had possession of them. Item, it is my will and desire, and accordingly I order it so that my said son Samuel Anderson shall pay to my said son Edmund Anderson the first sum of fifty pounds current money, within the term of five years from the date hereof as a compensation for he difference in value of their two tracts of land which could not (without inconvenience) be equally divided between them. Item, I give and bequeath unto my grandson Anderson Barrett and to his heirs and assigns forever, four slaves (viz.) Hannah and her two sons by name Charles and Lewis, also Page a lad lately purchased of General Nelsons Estate now living with William Da ey Minor (and is to be bound apprentice to the said Minor to learn the trade of a carpenter) with all the future increase of the said slaves from the day his apprenticeship shall expire with William Dabney provided, nevertheless, that in case my said gr dson Anderson Barrett should die leaving no lawful issue, then it is my will and desire that the above named slaves with all their future increase from the time he has possession, shall be equally divided between my two daughters Ann Minor and Sarah Hud n, and should it so happen that one or both of my daughters should die before such division, their future part or parts of such slaves so dying shall be equally divided amongst their own children that may be living at the time of such death. Item, I give and bequeath unto my wife Elizabeth Anderson two hundred pounds current money. I also give unto my said wife four slaves (viz.) Ben, Lucky, Kuzzy and her son Sandsey with all the future increase of the said slaves, together with all the re and residue of my estate of what nature kind or quality whatever not herein disposed of, which as well money as other estate it is my will and desire may be at her own option to dispose of as she may think proper verbally or otherwise, not doughting sh will dispose of the same to such of our children and grandchildren as in her opinion may be in the greatest need and such who she may judge to have received the least share of my estate, and lastly I constitute and appoint my wife Elizabeth Anderson Exe trix and my two sons David and Samuel Anderson executors of this my last will and testament. In testimony whereof, I have hereunto set my hand and affixed my seal this third day of October, one thousand and seven hundred and eighty nine David Anderson Signed Sealed and Acknowledged In presence of Samuel Dyer Edward Harper John Leigh Codicil to the Will Annexed (viz.) It is my will and desire and accordingly I order it so that the slaves with all their future increase given to my daughter Sarah Hudson and to her heirs and assigns forever as above shall after the death of my said daughter and her husband Christopher H son be equally divided between such of their children as shall be living at the time of their deaths this being the particular request and desire of my said daughter and her said husband Christopher Hudson and it is also my will and desire that in case ey should both die and leave no child or children by my said daughter living at the time of their deaths then the said slaves with all their increase as aforesaid to be equally divided between such of my own children as shall be living at the time of su deaths. I constitute and appoint in addition to my Executrix and other Executors my grandson Anderson Barrett to act in conjunction with them as executors of this my last will and testament as witness my hand and seal this ninth day of July, one thousand seven ndred and ninety one. It is my will and desire that my estate shall not be appraised. David Anderson Signed sealed and acknowledged In presence of Samuel Dyer John Leigh At Albemarle September Court 179? This last will and testament of David Anderson deceased was produced into court and proved by the oaths of Edward Harper and John Leigh two of the witnesses thereto and this Codicil hereunto annexed was proved by the oath of John Leigh a witness hereto d on the motion of Samuel Anderson one of the Executors therein named who made oath according to law, certificate is granted him or obtaining a probat in due form on his given Bond and Security whereupon he qualified and gave bond accordingly at April C rt 1793. This will was further proved by the oath of Samuel Dyer a third witness hereto, and ordered to be recorded, and on the motion of Elizabeth Anderson the Executrix herein named, who made oath according to law certificate is granted her for obtai ng a probat in due form on her giving bond and security whereupon she gave bond and qualified accordingly. John Nicholas, C.C. (clerk of Court)