The Last Will and Testament of Micajah Clark Submitted 25 Jul 1999 by Debbie Briggs RONBRIGGS@prodigy.net ************************************************************************ 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. ************************************************************************ Charlotte County, Virginia Will Book no. 17, pp. 542-543. Know all men by these presents that I , Micajah Clark of the county of Charlotte and State of Virginia being in feeble health but of sound and disposing mind and memory, do make and publish this my last will and testament. And I do hereby revoke any and all other wills heretofore made by me. First- I direct that all my just debts be paid as soon after my descease as conveniently may be. Micajah Clark Second- I give and devise to my son W.D. Clark the tract of land on which he now lives containing by supposition about two hundred acres. And whereas this devise is more than his proper share of my estate I hereby direct that my said son W.D. Clark shall pay to my son Charles J. Clark the sum of one hundred dollars in money. Micajah Clark Third- I give and devise to my daughter Margaret A. E. Mason to be held during her life, and at her death to her children, now living, in fee simple, all my land lying on the north side of a line recently run by me beginning at a marked tree near W.D. Clark’s house running thence a straight course to a walnut tree on Turnip Creek thence a cross the creek up a ditch or gully to a walnut tree near a barn, thence up a bottom to a branch, then up the branch to a rock, thence in a straight course to a marked tree on the main road. Fourth-I give and devise my land on the south side of the line next above described forming the land given my daughter Margaret A. E. Mason, including the tenements thereon, the one half to my daughter Pernetta C. Clark, and the other half to my two grandchildren Yancy and Isora Bailey. Fifth- I give and bequetath to my daughter Louisa J. Harvey, the sum of three hundred dollars in money to be paid by my executors hereinafter named as soon as convenient without sacrificing any of my estate. Sixth- I give and bequeath to my son John S. Clark the sum of three hundred dollars in money, to be paid from the sales of my crop, and should this not be sufficient he must be paid the deficiency out of the first money coming to my estate from the estate of the late Robert E. Bouldin. Seventh-I give and devise to my grandson M.D. Smith the tract of land I bought from Dr. Robert E. Bouldin supposed to contain sixty or seventy acres bounded as follows: beginning at a ditch on Turnip Creek running thence up the ditch and a branch to W. D. Clarks line, thence to Mrs. John D. Smith’s line thence along Mrs. Smiths line to the Creek, thence along the creek to the beginning. Eighth-In additon to the tract of land given above to my daughter Pernetta Clark I give and bequeath to her one bed and bedding, also one cow and a calf to be selected by her. Micajah Clark Ninth-All the residue of my estate, real and personal and of every kind and description of which I shall die seized or possessed or to which I shall be entitled, I give, devise and bequeath to my children and grandchildren as follows: to my sons Charles J. Clark, John S. Clark and W.D. Clark, one eighth each, to my daughters Pernetta C. Clark, Louisa J. Harvey and Margaret A. Mason one eighth each, to my grandson M.D. Smith one eight, and one eighth to be equally divided between my two grandchildren Yancy and Isora Bailey Micajah Clark Tenth- It is my will that if any or either of my devisees or legatees shall by any process of law attempt to overcome or invalidate any provision of this will, that then he or she shall not take anything devised or bequeathed to him or herein. And I direct that in such an event his or her part shall be considered as a part of the residue of my estate last above mentioned, and that all such residue shall be divided amoungst my other above named children and grandchildren in the same ratio as last above directed. Micajah Clark Eleventh-I hereby nominate and appoint my sons John S. Clark and W. D. Clark executors of this my will; and I desire that no security shall be required of them as such unless it shall be required by majority of my above named devisees and legatees living at the time. Witness my hand, which I have set to this my will, written upon two sheets of legal cap paper, and upon five pages thereof,with my name signed at the foot of the second, fourth and fifth pages thereof, this day of November 7th 1885. Micajah Clark the above writing was this day signed, published and declared by Micajah Clark as and for his last will and testament in our presence; and we in his presence at his request and in the presence of each other have hereto subscribed our names as witnesses, this day of Nov. 7th 1885. William A. Mason Samuel D. Mason Witness In Charlotte County Court December Term 1891 The last will and testament of Micajah Clark was this day produced in court by W. D. Clark one of the executors therein named, and Jno S. Clark the other executor appeared in court and renounced the executorship, and the said will was proved by the oath of Wm. A. Mason one of the witnesses thereto, and the hand writing of S. D. Mason the other subscribing witness was proved by the oaths of W. D. Clark and Wm. A. Mason, and it is ordered that the said will be recorded. and thereupon the said W. D. Clark the executor therein named, who made oath thereto, entered into and acknowledged a bond in the penalty of $800.00 without security (the said will direcitng that none should be required) conditioned according to law, certificate is granted him for obtaining a probate of the said will in due form. Teste, J. C. Carrington C Punctuation and spelling is as originally written.