Botetourt County, VA Will Book G, (partial) *********************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************** ************************************************************************** The records for this work have been submitted by Angela M. Ruley, reddog@rockbridge.net, Natural Bridge, VA, unless otherwise indicated. [©1997 All rights reserved.] ************************************************************************** ************************************************************************** Submitted by: Julie Robben Lineberry [Julie.Lineberry@gte.net] 18 Aug 1998. Will, Dower Waiver and Inventory of Estate for James Kyle (copied from LDS microfilm copy JR Lineberry March 1988 - Note: capitalization, puncuation and spellings have been copied verbatim, possible questions or unreadable letters or words are indicated in ( ) or as ??.) Will of James Kyle (c.1780 -1847) Botetourt Co,VA Will Book G, pp 447-449 - I,James Kyle of the County of Botetourt State of Virginia being of sound mind and disposing mem- mory, do make and publish this my last Will & testament hereby revoking and making void all former wills by me at any time heretofore made. 1st. In the first place I desire that my Executrix and Executors hereinafter named, shall, as soon as convenient after my decease, pay and discharge all my just debts and funeral expenses. 2nd. After the payment of my just debts and funeral expenses. I give to my wife one third part of all my personal estate, excepting the slaves. I also give to her during her natural life, one third part of all my lands and slaves which I may be in possession of, or entitled to at the time of my decease. It is neverthelef(ss) my desire that in case my said wife Harriet shall choose to re- main and live on the plantation on the James River where I now reside, in preference to taking her third part of all my lands, she shall have the sole use and enjoy- ment of the said plantation during her natural life, in lieu of her dower in my lands. 3rd. I desire that all the resides of my estate, real and personal, shall be equally divided between my sons William, Edwin, Robert, my daughter Sarah McDowell, my sons George, James Madison, Alexander, and David, which I give and bequeath to them, their heirs, ap?? uomis. and assigns forever. 4th. I authorize my Executrix and Executors herein after named, to make sale of any part of my estate, real or personal, whenever in their opinion, or in the opinion of a majority of them, the interest of my estate will be promoted by such sale, to make the legal conveyances for the same, and the money arising from such sale to vest in the purchase of the other property, real or personal, or to distribute the same in money amongst those entitled to my estate, as they, or a majority of them shall think most advisable. 5th. It is my will and desire that my Executrix and Executors herein after named shall have power over the whole of my estate, real and personal to man- age it as they may think most advisable for a sup- port for all, and to educate my children, and make distributions whenever they may think proper either in part or in full. 6th. It is my desire that my estate shall not be appraised, but that my executrix and executors shall take an inventory there of + return the same to the Court. It is also m desire that my said Executrix and Executors shall not be required to give surety. 7th. And lastly, I do hereby appoint my wife Harriet, executrix, and my sons William , Edwin and Robert, (CONT.D) executors of this my last will & testament. In testimony whereof I have herewits set my hand and seal this 8th day of March 1847. James Kyle Signed, sealed, published and declared by James Kyle as and for his last Will and Testament in the presence of us,whom at his request and in his presence have subscribed our names as witnef(ss)es. Ferdinenid Woltz Peter Hammon(rrmon) Robert M. Hudson Whereas, I James Kyle of Botetourt County have by my last Will and Testament in writing duly executed, bearing date on this day, given and bequeathed to my said daughter Sarah McDowell, a portion of my estate, real and personal, and being desirous of altering my said Will in respect to the said gift and bequest to my said daughter, I therefore make this present writing which I will and direct to be annexed as a Codicil to my said Will and taken as a part thereof. And I do hereby revoke all gifts and devises made by said will to my said daughter Sarah and I give and bequeath that portion of my estate which I had given to her by said Will, to my sons William, Edwin, and Robert, UPON TRUST neverthelef(ss) that they shall receive and pay over and apply the ???,issues hires and profits thereof for the sole and separate use & benefit of my said daughter Sarah McDowell during her coverture, not to be subject to the control,or liable for the debts or contracts of her said husband. And in case my said daughter should survive her said husband, I then give the said property to her, her heirs & ?? adur?? and assigns forever. But if my said daughter should die during the lifetime of her said husband leaving a child or children living at the time of her death, I desire that the said property shall go to such child or children. But if she should die during the lifetime of her said husband and without issue living at the time of her death, the property given for her benefit as aforesaid shall then be equally divided amongst my other children named in my Will in everything except where the same is hereby revoked and altered as aforesaid In writing whereof I have herewits set my hand and seal this 8th day March 1847. James Kyle (Seal) Signed,sealed and published by the said James Kyle as and for a Codicil to be added to & considered a part of his last will and testament in the presence of us who have subscrib?? names in his presence. Ferdinenid Woltz Peter Hammon(rrmon) Robert M. Hudson At Botetourt January Court - 1848. This instance of writing (with a Codicil thereto attached) purporting to be the last Will and Testament of James Kyle dec'd. was produced in Court and proved by the oaths of Robert M. Hudson and Peter Hammon(arrmon) two of the subscribing witnef(ss)es thereto and ordered to be recorded. A copy Teste, F. Woltz C.B.C (Clerk Botetourt County) ******************************************* WAIVER OF DOWER - HARRIET KYLE, WIDOW OF JAMES KYLE Deed Book G pp 528 thru 529 Know all men by these presents, that I Harriet Kyle of Botetourt County, Va, widow and relict of James Kyle dec'.Whereas the said Jas. Kyle my husband by his last Will and Testament gave me my choice to take my dower in all his land, or in lieu of my dower the plantation on James River, where he resided at the time of his death, for and in lieu of my dower. I do hereby agree to take the plantation on James River in lieu thereof and by these presents do remis,release and for ever quit claim all the other lands of my said husband all and all manner of dower and right title of dower whatsoever which I the said Harriet Kyle nowhave may or ought to have, in said lands. In witnef(ss) whereof thereunto set my hand and seal the eight of May 1848. Harriet Kyle (seal) Signed,sealed & delivered in the presence of Joseph McClure,Jno.T Burks, Wm. Robinson At Botetourt May Court,1848 This instrument of writing from Mrs. Harriet Kyle, widow of James Kyle, dec' was this day exhibited in Court, proved by the oaths of Joseph McClur and John T. Burks subscribing witnefes, thereto and at Botetourt June Court 1848 was fully proved at the oath of Wm. Robinson as the subscribing witnef thereto and ordered to be recorded. A copy test, F Woltz, Clk. ******************************************* INVENTORY - ESTATE OF JAMES KYLE FEBRUARY 1848 Will Book G pp 530 thru 533 , BOTETOURT CO,VA. p.530 Pursuant to an orderof the Botetourt January Court 1848 to directed being first duly sworn proceeded to inventory and appraise the real and personal estate of James Kyle dec'd as shown to us by the Executrix as following The home Tract of Land on James River |$8000.- The Ridge Place$600 Peach orchard Tract 1600 | 2200.- The Catawba Tract 373 acres | 3000.- the(Grayson) Lands lying in Carroll County 1800a | 7200.- Supposed 1100 bus. Corn 50c | 550.- 3000 lbs Tobacco $3.00 |90.- 4 hogshead Tobacco |240.- 24 do. in Lynchburg 34.720 |1440.- Lot Waggon Lumber |10.- Lot Scauthing and Plank |5.- 28 Bus. Oats 7.00 1 Corn Sheller 2.00 | 9.- 1 Wheat Farr 10.00 Lot boxes & barrells in barn 1.00 | 11.- 1 Crof(ss) cut saw 1.50 1 Cutting box + knife 1.50 | 3.- 2 Waggons(old) 50.00 4 sows = 10 pigs 25.00 | 75.- 44 Hogs all sizes 110.00 61 sheep 91.50 10 Cows $100 | 301.50 5 Beef CAttle 125 & 1 yoke Oxen 35 | 160.- 1 set Blacksmith tools 25 & 8 McCormick plows 32 | 57.- 4 Small plows 8.00 9 shovel plows 9.00 2 new shovels 2 | 19.- 7 Colters 1.75 2 large harrows$5 1 set harrow teeth 2 | 9.25 7 mattook 7.00 13 hoes 4.55 7 Wheat Cradles 8.00 | 19.55 8 Grass Scythes 7.00 1 set old Irons 2.00 5 iron ?? $2 | 11.- 9 Axes 5.00 1 Broad Axe 1.00 1 fifth chain 1.50 | 7.50 1 Lot of planks 30.00 1 stack traps 2.50 1 lot hides.50 | 37.50 Lot of hides at Tanyard 30 Lot of un???ated hemp 12 | 42.- 1 Lot of carpenter tools 7 & 1 set drills $1.50 | 8.50 1 Lot bar iron supposed to be 1000 lbs | 50.- 1 bay filly 4yrs old $30 Black horse Byron $30 | 60.- 1 bay horse rein $40 Sorrel horse Green $40 | 80.- 1 bay Mare Puts $20 1 bay horse Lawrence $30 | 50.- 1 bay horse Charly $20 1 bay Mare Jinny $30 | 50.- 1 black Mare Fortune $20 Sorrel Horse George $35 | 55.- 1 black horse Curly $45 1 bay filly $20 | 65.- 3 bay colts @ 15 each | 45.- 7 Calves 14 1 Mule Tyler $70 1 do. Tif $70 1 do.Isual75 | 229.- 1 Mule Van 70,1 do Fashion $65,1 do.Bet$50,1 do.Sal $50 | 235.- 2 Log chairs $4, 1 New chair $3,1 new harness $16 | 23.- 4 pr old harnef(ss) $5 2 pr lind do.$3,2 pr do. $5 | 13.- 4 pr Plow geer $6,1 ox cart and chain $10 | 16.- 4 old saddles $5, 4 new do. $32, 1 eight day clock $20 | 57.- 13 new Wooden Vessel $5.50, 1 half Bushel .50 | 6.- 3 Whisky Barrels & 2 kegs $3, 1 Cockle Seive $1 | 4.- 1 keg powder & 1/2 bag shot |4.- 1 bed & furniture Room No 1 $16. 1 do.do.$12 | 28.- 1 small Table $1.25 1 bed & furniture Room No. 2 $16 | 17.25 1 small desk $75, 1 small Looking Glass .50 |1.25 ========= $24604.30 ---------------------------------- p.531 Amount brought forward $24604.30 1 demijohn .50 ,5 Cow Bells (in Garret) 2.50 | 3.- 14 Bushels Beans $14, 2 Barrels .50 6 Sickles .50 | 15.- 1 bag Rolls $8, 1 bed in room No 3 $12, 1 do.$16 | 36.- 4 white counterpanes & 1 Quilt | 20.- Andirons & tong .75, 1 Bolt Ozenburgs $3.00 | 3.75 19 Table cloths $19, 4 pair linen sheets $6 | 25.- 4 pair Cotton sheets $4, 1 Bureau $2 | 6.- 1 Looking Glass 1.00 , Bowl Picher & wash Stand $1.25 | 2.25 1 Bed in small room No 4 $8, 2 Window Curtains $1 | 9.- 1 small Table .75 1 bed in East room down stairs $9 | 9.75 Bureau & Bookcase $10, 1 folding leaf table $3 | 13.- 1 large chest $1, 1 corner cupboard $3 | 4.- Shovel, tong, & andrions $2 1 shot gun $4 | 6.- 1 shot gun $3, 1 old rifle Gr??? $5 1 do.do. $15 | 23.- 1 new rifle Gr??? $15, 2 flax wheels $4, 2 do. $1.50 | 20.50 Spool Frame and spools .50 1 Cradle .50 | 1.- 1 New Wool Wheel $3, 2 old do. & reel 1.50 | 4.50 1 set table ????? in Middle room | 8.- 1 Bed & furniture $12, 1 small trundle bed $5 | 17.- 1 Candle Stand $1, 4 Candle sticks $1 1 pr andirons.75 | 2.75 1 set shovel & tongs .75, 1/2 doz Winsor Chairs $5 | 5.75 18 split bottom chairs in far room | 6.- 1 doz knives & forks $5, 2 doz Window Curtains $2 | 7.- 5 dishes $1.25 1 doz C???? plates $1, 1doz L.China 1.25| 3.50 1 doz Liv. China 1.25 , 1 doz Tumblers .75 | 2.- 1/2 doz Wine Glasses .58 1 doz c. Cups & Saucers .50 | 1.08 1 doz china & cup plates $2,1doz silver teaspoons $8 | 10.- 1/2 doz silver table spoons | 18.- 1 set of silver plate $45 , 2 Liverpool Pitchers 1.25 | 46.25 2 small pitchers .50, 2 salt sellers & butter plates .30| .80 3 Waiters 1.25, 1 Sooup Bowl .25, 3 Coffee pots .75 | 2.25 1 Watering Can .50,3 tin /Buckets $1 | 1.50 3 pewter dishes & Basin $1, 1 smaall leaf table $1 | 2.- Surveying Instrumrnts .25, 1 Violin $4, Andirons $1 | 5.25 2 Window Curtains $1, 6 stove ??igs $1.25 | 2.25 2 tea pots and sugar bowl .25,20 towels $3 | 3.25 1 Bed in Lexington dc. $12,3 trunks $2,books- | 14.- Mumford's Reports 4 Vol $8, Crauches do. 6 Vol $8 | 16.- Calls Report 3 Vols $4.50, Washington's do. 2 Vols $2 | 14.- Harrison's Chaucery 2 Vols $3, East's Crown Law $2 | 5.- Revised Code .50, Chitty on Pleading 2 Vols $3 | 3.50 Powell on Contracts 1 Vol $1.50, Foublanques Equity $3 | 4.50 Peak's Evicence 1 Vol $1.50. Exfinasees Nisipr?? vol2/$5 |6.50 Virginia Cases 1 Vol $1, Pleader's Assistant 1 Vol $1 |2.- American Juricedent 1 Vol 1.50, Moutague on set-off $1 | 2.50 Bacon's abridgement 7 Vol $14, Solicitors Guide .50 |14.50 Clark's Magazine 1 Vol .50, Cokes Institutes 3Vols $2 | 2.50 Tucker's Commentaries 2 Vol $5, Souraxi's Digest-3Vols$10 |15.- Stephen's on Pleading 1 Vol $2.50 Smith's Mercantile Law$1 | 3.50 Tates(Digest) $5,Tucker's Blackstone 5 $4,Federalist $1 |11.- Resolution & Debate .75 Olive Branch $1 | 1.75 =============== $25059.43 ----------------------------- p532 Amount brought forward |$25059.43 Tucker on Constitution Law |1.- Medical Jurisprudence .50 Henning Justice .25 | .75 Democracy in America 2 Vols |2.- Byron's Works 1 vol $1.25, Hume's His. of England | 6.25 Modern Europe 3 Vol $5, Shakespeare's play 1 Vol .50 | 5.50 Rollins Ancient History 8 Vols |3.- Pollock's Course of Time 1 Vol | .50 Paradise Lost and Regained 2 Vols | .50 Lady of the Lake .25 Paley's Evidence .50 | .75 Justin Dephinius .50 Grace Majora $2 D! $2 | 4.50 Domestic Medicine $1.50, Simson's Euclid $1.50 | 3.- Gibson's Surveying $1 Grace Minora $1 | 2.- Sothust Delphius 3 copies, Ovid 3 do. ???? Cicero | 5.50 Horace delphinius $3 Virgil 3 copies $2 Caesar 4 do $2,50 7.50 Greek Sexicon 2 Copies $3, Roman Antiquies .75 | 3.75 Greek reader .50, Porteus reader .50, Xenoophor 2copies.50 1.50 Taylor's Orator .30, Greek Testament -2 .50, 8 books $1 | 1.80 Davis Algebra 2 .50, 4 greek & 2 Latin Grammars $1.50 | 2.- 1 lot of old books 1.00 40 School Booksas 1 lot $20 | 21.- 1 small stove $4, 22 Bags $5.50, 3 fur? Saddlebags 3.00 | 12.50 Negro Man Lewis $500 -Iri??? $500 -Peter $500 = $1500 | Jack $400 - Ben $500 - Sam $500 - Henry $550 = $1900 | Lewis $450 -Andy $150 Charlton $200, Doctor$350=1150 | Hercules $300 Woman Heffy $200 -Rhoda $400= 900 | Margaret $400- Elizabeth $350 - Martha $150 = 900 | Man Kiah $550 - Issac $500 = 1050 | 7400. 2 Horse Buckets $1, Lot wooden Vessels 3$ | 4.- 3 Hackles $5 - 3 old copper Kettles $1 | 6.- Lot of ovens and pots $5 3 pot racks,shovel 1.50 | 6.50 2 Iron Kettles 2.50 1 Crout tub .75 | 3.25 Pair Medical Scales .25 - 1 Surringe 1.00 | 1.25 2 pair Steelyards 3.00 3 Spades 6 iron forks 2.00 | 5.- Sledge & Crow bar .75, 3 stills,apparatus & apple Mill | 48.75 23 Hogs $80 -1 Sow and 7Pigs 7.00,1000 Bus Corn Suf 500 | 587.- 25 Geese $6.25 17 two year old Cattle $72.500 | 78.75 1 Wheat fan & Half Bushel $2.50 2 Stacks Oats $8 | 10.50 2 stacks Oats $8 6 steers 4 yr old $90 7 steers 70$ | 168.- 3 Steers 21$, 4 heifers $32 ,10 Milk Cows $100 | 153.- 22 ton of Hay $154, 5 bus Rye $2.50 Wagon $125 | 281.50 1 Bond on Samuel Young due 20 March 1848 | 21.75 1 do. on James McDowell 20 Mar. 1848 | 17.75 1 do. John I. Sailes 20th March 1848 | 11.- 1 do. Robt,Wm. & Wm. Kenny Jr. for | 250.- due 12 Oct 1839 - subject to a credit for $30 | 12 Oct 1841 - for $29 Aug. 12th 1840 and for $12 pd 12th Apr.1847 1 Bond on Dr. J.H Bell due 20 Fed 1845 for | 20.- 1 do. on Wm. Letcher due 29th Oct 1845 for | 105. Cr. for $80 - 1847 | 1 Bond Benjamin Carper, G. W. Carper & | Martin M. McFerran due 13 Sept 1847 for | 290. __________ $34,614.02 p.533 Amount brought forward $34.614.02 1 Bond on Peter Houseman, Christian Houseman and Pater Hammon(Harrmon) due 15 Mar. 1839 500.00 subject to a Credit for $30 pd 15th March 1840 for $30 pd 15th March 1841 - for $30 pd 15th March 1842 for $30 pd 15th March 1843 -and for $23 pd 15th Mar 1844 Bond on Rhoda Burks due 25 Aug. 1847 for 6.25 Cash on Hand 263.50 __________ $35,384.07 We do further report that there is a quantity of Pork, Flax, Flour, Salt, and other things, and some rough food which was laid in for the use of the family and stack, which we did not think proper to appraise.All of which are respectively submitted this 4th day of February, 1848. G.McDonald Peter Hammon(Harrmon) J.W. Womack J.K Womack We the Executors of James Kyle dec'd do return this as a true Inventory of His estate William Kyle, Jr. Edwin Kyle Robert Kyle Jr. At Botetourt June Court, 1848 This inventory and appraisement of the estate of James Kyle dec'd was returned to Court and ordered to be recorded. A copy - Teste, Wm. Robinson D.C. ---------- Page 569 - 570 Botetourt County Courthouse Will Book G, page 569-570 Will of Martha Burwell In the name of God amen. I Martha Burwell of the County of Botetourt and State of Virginia do make this to be my last will and testament. I have heretofore given to my children herein mentioned the following property to wit, to Frances T. Harvey a negro woman named Jenny, to Martha Burwell a negro woman named Nelly and to Nathaniel Burwell a negro boy named Jerry, these several gifts I hereby ratify and confirm to them and their heirs respectively. I also gave to my deceased son Lewis Burwell a negro woman named Beck who bequeathed her to me again at his death with a request that at my death she should go to his sister Francis Harvey. Now in fulfullment of that request I give and bequeath the said negro woman to the said Francis Harvey and her heirs forever. For the purpose of equalizing as nearly as possible the advancements to my children I have heretofore also given to my son Thomas N. Burwell the sum of twelve hundred dollars and to my daughter Mary Dawson the like sum of twelve hundred dollars. These gifts or advancements I confirm to them and their heirs respectively. I have also advanced the sum of two hundred twelve dollars, for the purpose of securing to my daughter Lucy A. Bowyer, certain articles of furniture heretofore in the possession of her husband and herself, this I also confirm to her and her heirs. I have in my possession a bond executed to me by my son Nathaniel Burwell for one thousand dollars, now as a further provision for my said daughter Lucy A. Bowyer, I give the said bond or the amount thereof to her and her heirs provided however that my executors shall so place the money in trust as to be exempt from the claims of the creditors of her husband William C. Bowyer and to ensure alltogether to the benefit of herself and her children. And with this further provise to wit that whereas my son Nathaniel Burwell as the administrator de bonis non of Lewis Burwell formerly of the city of Richmond, has advanced to the said William C. Bowyer sundry large sums of money amounting to between two and three thousand dollars, now it is my desire and I do expressly direct that unless the said William C. Bowyer or my said daughter or whoever shall have power to do so shall disregarding any informality in the manner of such advances or in the vouchers supporting them, make a just allowance of them, the above provision for my said daughter shall to all interests and purposes be null and void, and in that event I give the said bond to the said Nathaniel Burwell and his heirs. I furthermore release and discharge my said son Nathaniel from all and every claim which be any constriction of the will of the above named Lewis Burwell I might be supposed to have to any portion of his estate. Whatever money I may have at my death I direct ot be equally divided among all my children with the understanding however that he share which goes to my daughter Lucy is to be secured by my executor in the manner above mentioned. All other property of every description I give to my son Thomas N. Burwell meaning thereby whatever furniture may be in the house or property on the plantation. And lastly I appoint my two sons Nathaniel Burwell and Thomas N. Burwell executors of this my last will and testament. In testimony of all which I have hereunto set my hand and seal this 5th day of April 1838. Martha Burwell(seal) Signed sealed and acknowledged as her last will and testament in the presence of Edward Watts, Liley Reid, James T. Logan, Carey Breckenridge At Botetourt December Court-1848. This instrument of writing purporting to be the last will and testament of Martha Burwell, deceased, was this day exhibited in said court proved by the oaths of James T. Logan and Cary Breckenridge subscribing witnesses thereto, and ordered to be recorded. A copy-teste, F. Woltz CBC Submitted by Karen Bower