Last Will & Testament of Hezekiah Wood,Albemarle Cty, VA Contributed for use in USGenWeb Archives by EleaseJ@aol.com **************************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free genealogical information on the Internet, data may be freely used for personal research and by non-commercial entities as long as this message remains on all copied material. These electronic pages may not be reproduced in any format or presentation by other organizations or persons. Persons or organizations desiring to use this material for profit or any form of presentation, must obtain the written consent of the file submitter, or his legal representative and then contact the listed USGENWEB archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. **************************************************************************** Attached is the last will and testament of Hezekiah Wood of Albemarle Cty, VA, Will Book 22, Pg405, retyped as a Word document. The last Will & Testament of Hezekiah Wood I Hezekiah Wood, of Albemarle County, Virginia being of sound and disposing mind & memory do make the following as & for my last Will & Testament hereby revoking all former Wills by me made: That is to say: First. After payment of my just debts and funeral expenses it is my will and desire that my executor here after mentioned shall sell & dispose of either, at private sale or to the highest bidders at public auction, on such terms of payment he may think best. The entire residue of my estate whether real personal or mixed and I do hereby give & bequeath the proceeds of said sale and of the collection of such debts as may be due to me in the manner following: Secondly 1. To my son William Wood one fifth part of the nett proceeds of said sale & collections. Subject to a deduction of the amount advanced to him by me heretofore which is charged to him in my account book & for which he has given his receipt. 2. To my Son Richard R. Wood one other fifth of the said sale & collections Subject to a deduction of the amount advanced to him also as appears in my account book this receipt. The abouve bequest to Wm Wood & Richard R Wood are made to them & to their heirs respectfully absolutely & forever. 3. I give & bequeath to my Executor to be named hereafter as aforesaid One other fifth part of my estate when thus sold & collected to be held by him in trust for the use & benefit of my grandchildren Henry H. Austin and Samuel H. Austin, Children of my deceased Daughter Harriet Austin. Subject likewise to the deduction of the sum charged to their mother as advancement in my said account Book. 3. My said Executor shall manage the share of said Austin's to the best advantage and pay over for their support & benefit annually the proceeds of the same. During their minority & on their attaining full age shall pay to each his proper share. In the event of the death of either of my said Grandchildren before attaining full age I give the interest or share of the deceased to the survivor and if both should die under age their shares shall pass to my other children & the descendents of such as may be dead in equal proportions 4. I give & bequeath to my said Executor - one other fifth of my said remaining Estate to be held by him in trust for the use and benefit of the five Children of my deceased Son Thomas Wood who are all under lawful age and whose names are Richard L . Elijah G . John T. James H and Alexander D. Wood. This share of one fifth shall be subject likewise to a deduction of the advancement charged to their father on my said account Book. And I do hereby make the same provision & attach the same limitation as to their share in the hands of my executor. As have been already made & inserted in the proceedings, third clause of this will in regard to the share of the children of my Daughter Harriet Austin. 5. I give & bequeath the remaining one fifth part of my said Estate to my Executor as aforesaid. To be held by him in trust for this purpose and to no other that is to say, to apply the annual interest or profits thereof to the support care & maintenance of my unfortunate Son Samuel Wood, who is now a lunatic in the Insane Hospital at Staunton. The said annual interest or avails shall be by my said Executor disbursed to pay the expenses (as far as the same may do so) of said Samuel's maintenance & care at the said Hospital, and if he should here after recover his mind and be discharged from said Hospital then the said proceeds shall be applied annually for his support & maintenance, but shall not be in any wise subject to his possession, management or control & shall be held wholly free from his Debts and Allegations, as long as he shall live - at the death of said Samuel the said share or interests shall pass to his Brothers & sisters and the heirs of them such as may be dead in equal proportions. But it is to be expressly understood that the said one fifth here desired for the purposes aforesaid is to be subject to a deduction from the same of the sum of two hundred and twenty eight dollars and sixty cents $228.60 due by said Samuel to me as appears by my account against him, for that sum which is to be entered in my said Book of accounts _ but whether so entered or not the same is to be deducted from S? share. Thirdly. I hereby appoint my Son William Wood the executor and trustee to carry out this my Will and I further direct that he shall not be required to give any security for the discharge of his official duties. In testimony of all of which I have hereto set my hand this the 8th day of June 1852 Signed X acknowledged before Us by Hezekiah Wood as his Hezekiah Wood Last will in our presence & we Being present together & subscri- bing before him, i.e. in his presence Jas A Watson Chris S Fowler At a Court held for Albemarle County March 6th 1954 This instrument of writing pur--oting to be the last will & testament of Hezekiah Wood deced was this day produced into Court and being proved by the oaths of Jas A Watson & Chris S Fowler subscribing witness thereto was there---- Ordered to be recorded. Teste Ira Garrett ec