Augusta County, VA - Will Book 51 (partial)


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Page 39

Spottswood PADGETT

Last Will and Testament of Spottswood Padgett
I, Spottswood Padgett of the County of Augusta State of Virginia, being 
advanced in years, and
considering the uncertainty of this mortal life, and being of sound mind and 
memory, do make
this my last will and testament hereby revoking all former wills by me at 
any time made.
In the first place, I direct that my funeral expenses and all my just debts 
shall be paid out of any
money or other property of which I may die seized and possessed.
In the second place, I direct that my real estate shall remain subject the 
support and maintenance
of my wife Elizabeth Padgett during the remainder of her natural life and 
after her death the
same shall be divided in two equal tracts and sold by my Executor upon such 
terms as shall be
deemed best to promote the objects of this my last will and testament.
I direct that my son James W. Padgett shall have credit, should he be the 
purchaser of the tract
now occupied by him, for the sum of Six hundred dollars on account of 
improvements made by
him, and should he not purchase the same, he shall receive said sum out of 
the proceeds of sale
of same said sum to be paid him out of the first payments upon same.
I also direct that my said son James W. shall in like manner have credit 
for, or receive the sum of
Two hundred dollars for two years services or labor after he became of the 
age of Twenty one
years.
I further direct that the said tract of land now occupied by my said son 
James W. shall be liable
for the further sum of Two hundred and fifty dollars which sum shall be 
applied to the payment
of the bequests hereinafter specifically made; the residue of the proceeds 
of said land shall go to
my said son James W.
I direct that my home place now occupied by son Reuben B. Padgett shall be 
liable for the sum
of Seven hundred and ten dollars which sum shall go to make up the remainder 
of the bequests
hereinafter made. The residue of the proceeds of said tract shall go to my 
said son Reuben B. The
division of my real estate shall be made by three disinterested men of sound 
practical judgement
but the line heretofore run by Martin Coiner, Daniel Hiserman and James A. 
Fitch, shall govern
as far as practicable in said division.
I give and bequeath to my four daughters Elizabeth Shreares, Kate 
Farnsworth, Mary Wagner
and Martha W. Coiner, the sum of Two hundred and fifty dollars each, of 
which sum or legacy
Kate Farnsworth has received the sum of Forty dollars making the sum payable 
to her Two
hundred and ten dollars.
I further direct that the sum of Four hundred dollars paid by me on account 
of my son Reuben B.
Padgett shall not be held as a claim against him, his services or labor 
after he became of age
being accepted by me as an equivalent for said amount.
I hereby declare that all former wills devises or obligations made by me at 
any time are hereby
revoked and forever annulled.
Given under my hand and seal this 27th day of November 1879.
The foregoing last will and testament of Spottswood Padgett was this day 
signed by the testator
in our presence & at his request we here subscribed our names as attesting 
witness.
G. W. Sutler							his
Jas. A. Fitch					Spottswood	X    	Padgett (SEAL)
								mark

I Spottswood Padgett having executed the foregoing as my last will and 
testament do add the
following as a codicil thereto, which shall be held to be part of my said 
will.
I direct that should my two sons James W. and Reuben B. Pagett purchase the 
respective tracts of
land named in my will hereto annexed, the time of payment of the bequests to 
my daughters shall
be one, two, three, four and five years without interest payable in equal 
installments.
	Witness my hand and seal this 27th day of November 1879.
The foregoing was signed by Spottswood      )
Padgett and declared to be a codicil		)			his
to his last will and testament and wit-		)	Spottswood	X	Padgett (SEAL)
nessed by us at his request.			)			mark
		G. W. Sutler
		Jas. A. Fitch

We the undersigned being selected by Spottswood Padget and his sons Jas. W. 
and Reuben
Padgett as Commissioners to divide said Spottswood Padgett’s farm near 
Sherando on both sides
of Back Creek and to lay off to Jas W. Padgett 109 acres at the lower end of 
the farm, did on the
16th day of August 1871, lay off to Jas W. Padgett 109 acres by designating 
the points as laid off
in the accompanying plat marked A. B. C. & D. with the line running from D. 
to some point at E.
to make 109 acres, the fences at or near the said division lines to be moved 
upon said lines by the
join labor of both parties, also that the said Reuben Padgett to have a 
right of way along the
present private road to the public road, as it now runs between the Barn & 
house of said J. W.
Padgett. There having been some misunderstanding as to some of the lines, we 
again
reassembled on the premises on the 3rd day of August 1882, and having with 
us John G. Stover
surveyor of Augusta County and pointing out to him the several lines and 
corners (as by us)
made heretofore, all of which is show in his plat herewith submitted.
	Which we do certify is the correct division by us made.
	Given under our hands this 3rd day of August, 1882.
					Martin Coyner		)
					Jas. A. Fitch		)	Commissioners
					Daniel Heiserman	)
Surveyed and established the lines between J. W. Padgett’s 109 acres and 
Reuben Padgett’s land
laid out by Martin Coiner, Jas. A. Fitch & Dan’l Hieserman on 16th August 
1871, by the
direction and consent of all the parties interested in the division viz:
Beginning at a pine on Shaws line at A. thence N. 70 ½ W. 92 poles to white 
oak at B. N. 65 ½
W 49 poles crossing Back Creek to pile of stone at C./N. 17 ½ E. 15 1/5 po. 
to pile stone at D.
(38` ½ E. 4.68 po. from marked walnut thence N. 61 W. 205 ¼ poles to pine at 
E. on Bear’s line
thus cutting off for J. W. Padgett 109 acres of the Spottswood Padgett’s 
land as per plat, by red
lines.
In Augusta County Court March 23rd 1885.
	This last will and testament of Spottswood Padgett deed, with a codicil 
thereon endorsed
dated the 27th day of November 1879, was presented in Court and said will 
and codicil proved by
the oaths of George W. Sutter and James A. Fitch the subscribing witness 
thereto and ordered to
be recorded. The estimated value of estate real and personal passing under 
said will being
$4,000.00 it is ordered that the State tax of Four Dollars be paid hereon, 
which tax was paid by
Reuben B. Padgett.

				Teste	William A. Burnett Clk

W. B. 51, Page 39

Submitted for use in the USGenWeb Archives by:
Laura Hutchison <lnkmccurry@hotmail.com

------

pp. 386-388

David FULTZ

In the name of God Amen.  I, David Fultz, of Bear Wallow in the county of 
Augusta, wishing to dispose of the property which a kind providence has 
bestowed on me, do make this my last will and testament. 
1st:  I will and direct that all my just debts and funeral expenses be paid and 
for that purpose I direct my executors to sell my Highland farm and my law 
office for the best price that can be had and collect all the debts due my 
estate. 
2nd.  I devise to my executors in trust for the use and benefit of my son 
Marshall K. Fultz and his wife Sally for and during their lives a tract of land 
part of Bear Wallow which has been laid off and surveyed to him by James C. 
Tilley containing one hundred and twenty five acres, and at the death of the 
survivor, said tract of land to be equally divided between their children then 
surviving.
3rd:  I devise to my executors in trust for the use and benefit of the wife 
and children of my son Alexander H. a tract or parcel of land, the southwest 
part of Bear Wallow tract, which was surveyed for my son Hugh H., who 
declined to hold it, said tract is now cultivated by my son Alexander H. and 
contains one hundred and twenty five acres.
4th:  I direct the remainder of my Bear Wallow estate to be surveyed and 
laid off into six equal parts having regard to quantity and quality and 
arranged as that each parcel will make a convenient little farm, and I will 
and devise that said parcels be allotted as follows.  One parcel to my son 
Hugh H. and his heirs.  One parcel to my son John H. and his heirs.  One 
parcel to my daughter Augusta V. the wife of John W. Alby and her heirs.  
One parcel to my daughter Amanda C. the wife of Frederick L. Fultz and her 
heirs.  One parcel to my executors in trust for the benefit and use of my son 
Algernon S. and his wife and at their death to be equally divided between 
their children.  One parcel to my executors in trust for my grand daughter 
Anna W. now the wife of V. B. Jefferies, but if my said grand daughter shall 
die without children living at her death then said land is to return to my 
estate and be equally divided between any children then surviving.
5th:  I give my Law Library to my son Alexander H. for life and at his death 
to my grandsons Morton and David sons of my said son.
6th:  I give to my son Marshall K. my gold watch.
7th:  I will and bequeath to my daughters Amanda C. and Augusta V. and 
my daughters-in-law Sally the wife of Marshall K. and Anna the wife of 
Alexander H. my miscellaneous library and all my household and kitchen 
furniture to be equally divided between them.


8th:  I direct that all my property not disposed of be sold by my executors 
and all the debts due my estate collected, and after payment of all the debts 
due from my estate, should any balance remain I direct it to be paid over to 
my grand children.  One share to Lew and Madge Alby.  One share to John 
D. and Linie children of my son Marshall K. and one share to Morton and 
David sons of my son Alexander H.
And last, I constitute and appoint my son John H. and my son-in-law John 
W. Alby executors of this my last will and testament.  In witness whereof I 
have hereunto set my hand and seal this June in the year of our Lord 1882.  
(Signed) David Fultz (Seal).

This codicil to my last will and testament:  I constitute and appoint my son 
Alexander H. one of the executors of this my last will and testament.  
Witness my hand and seal this 3rd day of December 1882.  (Signed) David 
Fultz  (Seal). "

"In Augusta County Court August 30th 1886.
This writing purporting to be the last will and testament of Judge David 
Fultz dead, dated the   day of June 1882 with a codicil thereon endorsed 
dated the 3rd day of December 1882, was presented in court by J. Hamden 
Fultz one of the Executors therein named and there being no subscribing 
witness thereto Benjamin F. Terry (spelling?), Alexander B. Light and William 
A. Burnett were sworn and severally deposed that they were well acquainted 
with the Testator's handwriting and verily believe        the said writing will 
and codicil and the name thereto subscribed to the wholly written by the 
Testator's own hand who was at the time of sound mind and disposing 
memory whereupon the said writing will and codicil is ordered to be recorded 
as the true last will and testament of the said David Fultz deceased.  And on 
the motion of the said John Hamden Fultz one of the Executors named in 
said will who made oath thereto according to law and together with Amzie B. 
Archer and Hugh H. Fultz his securities who justified as to their sufficiency 
and moreover be obligans in waiving all benefit of the homestead exemption 
entered into a bank the sum of twelve thousand dollars payable and with 
condition as prescribed by law, which bond was acknowledged in open court 
by the obligans thereto and ordered to be recorded.


Certificate is granted the said John Hamden Fultz for obtaining a 
probate of said will in due form.  The estimated value of Estate real and 
personal under said will being $36,000.00 it is ordered that the Executors 
pay the estate tax of $36 thereon.  John W. Alby and Alexander H. Fultz the 
other two Executors named in the said will having a writing made and signed 
by them and presented to the Court declined to take upon themselves the 
burden of the Execution of said will. [Signed] Teste:  William A. Burnett 
[Seal]       

Submitted by Arlene Inscoe Fultz <AIFultz@aol.com>