Charles City County, VA; Will of Littleberry Eppes, 1844 Submitted for use in the USGenWeb Archives by: Linda Parke ************************************************************************ USGENWEB ARCHIVES 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 submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Following is the will of Littleberry Eppes dated 21st day of September 1844, Charles City County, VA. He was the son of John Eppes and Elizabeth Carter. Mentioned are his 2 brother’s John C. Eppes, Robert P. Eppes, 2 brother’s-in-law Edward G. (Glarston) Major and George C. Waddill (his wife’s brother?) as well as wife Susan A. (Waddill) Eppes, two daughters Sarah and Susan. In the name of God, Amen. I, Littleberry Eppes of the County of Charles City in the state of Virginia, being at this time in a low state of health, but of sound mind and disposing memory and wishing to dispose of my estate by will, do make and ordain this instrument of writing, as and for my last will and testament, hereby revoking all former wills made by me. First, I desire all my just debts paid as speedily after my decease as practicable, and to effect an object so desirable, I hereby authorize my executor, herein after named, to make sales of such portions of my estate, real or personal as he may think most judicious for my estate, on such terms as he may desire, and publicly or privately as he may think proper, it being my intention to vest him with full discretionary powers in raising funds from my estate to pay my debts. Second - I give and bequeath and devise to my beloved wife Susan A. Eppes, all my estate real and personal after payment of my just debts, to be held and enjoyed by her for and during the period of her natural life, should she remain my widow, but should she marry, she is at the time of her marriage to forfeit and surrender the estate thus bequeathed to her, and is then to receive from my estate exactly what she would be entitled to, were I to die intestate, and is to hold the same by the same tenure, and to be subject to the legal provisions in such cases. Third - At the death of my wife, should she die my widow, I give and devise to my daughter Susan Carter Eppes, to her and her heirs forever, the plantation on which I now reside, and I give and devise to my daughter Sarah Elizabeth Eppes to her and her heirs forever, the plantation I recently purchased from my brother John C. Eppes, called the Bridge; but the two plantations are to be valued at the time my said daughters become entitled thereto, by three disinterested gentlemen of the neighborhood in which I live, they to be selected by my executor, and the daughter whose plantation is of least value, is to receive from my estate as many slaves as will equalize her with her sister’s plantation, the slaves to be valued by the same gentlemen. The residue of my slaves and all my other estate of every nature and kind is to be equally divided by the same gentlemen, between my said daughters, to be held by them in fee simple. Fourth - But should my wife marry, then so soon as the share of my estate to which she will be entitled, in that event, can be allotted, I desire that the valuation of my plantations be made in the way provided by the preceding clause, and the value of my wife’s like estate in the land, so deducted from the estimated fee simple value, that the deficiency may be made up in slaves to be valued as aforesaid, it being my intention to make my daughters equal and in that event, my daughters Susan Carter Eppes and Sarah Elizabeth Eppes immediately take and receive all the estate to which they would be entitled at the death of my wife, should she die my widow, subject only to my wife’s dower rights hereby respected and secured: the division to be made as before provided for my intention being to have my estate equally divided between them by persons selected by my executor from the neighborhood in which I live. Fifth - But as my executor may in his discretion conclude to sell the Bridge plantation to raise funds for the payment of my debts, in that event, I wish my daughter Sarah Elizabeth to receive from my estate slaves sufficient to equalize her with my daughter Susan Carter in her devise of my home plantation; that equalization and valuation to be made as heretofore provided having due regard to the value of my home plantation when received by my said daughter Susan Carter, in reference to its value at the death of my wife, she dying my widow, or in reference to its value at the time of the marriage of my wife, it then being subject to her dower rights, it being my intention in any one of the contingencies mentioned, to make my daughters equal. Sixth - I desire that there be no sale of my perishable estate after my death unless circumstances require a sale. Lastly - I appoint my brother in law George C. Waddill executor of this my last will and testament; and I also appoint him guardian of my daughters in the hope that he will accept the trusts hereby committed to him. And in the event of my said brother in law failing or refusing to act as my executor, and as Guardian to my children, and in the event of his death after accepting the same, I desire that my brother in law Thomas H. Marston will take upon himself the executorship and guardianship before mentioned. In testimony whereof I have hereunto set my hand and affixed my seal this 21 day of September 1844 signed, sealed, published and declared by Littleberry Eppes as and for his last will Littleberry Eppes (Seal) and testament, in our presence and by his request and in his presence we have subscribed our names as witnesses. John Hilliard Robert P. Eppes Edward G. Major At a court held for Charles City County at the Courthouse on Thursday the 11th day of January 1845. This will was produced in Court by George C. Waddill the executor therein named, proved by the oaths of John Hilliard, Robert P. Eppes, and Edward G. Major the subscribing witnesses to the same and ordered to be recorded. Ro. H. Christian