Will of Samuel Elam 1848 Charlotte Co., VA Submitted 29 Feb 2000 by LaDonna Elam McKelvey LDRAM2058@aol.com ************************************************************************ 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. ************************************************************************ WILL BOOK 9 PAGE 1231 In the name of God amen I SAMUEL ELAM of the County of Charlotte and State of Virginia being of a sound and disposing mind memory and understanding make this my last will and testament as follows(that is to say) my desire is after the payment of all my just debts, I will and bequeath to my wife MARTHA ELAM, so long as she remains my widow, the whole of my Estate both real and personal as long as she lives - and to have the full right to sell and dispose of any part thereof that she may deem indispensable to her support and comfort - But should she marry again after my decease my will and desire is that she shall only possess one third part of my Estate- 2ndly I give to my four daughters namely EDNA ELAM, LUCY ELAM, SUSAN ELAM, AND MARTHA ELAM three hundred dollars a piece to be paid them at the death of my wife MARTHA ELAM out of the sale of my Estate to them and their heirs forever- 3rdly I give to my son Samuel V. Elam one hundred and fifty dollars to be paid him out of my estate at the death of my wife MARTHA ELAM for his services during the time he lived with me and attended to my business- 4thly My will and desire is that after the payment of the above named legaties that the remainder of my Estate be equally divided among all my children namely JAMES G. ELAM, EDWARD ELAM, ARMISTEAD ELAM, SAMUEL V. ELAM, WILLIAM D. ELAM, EDNA ELAM the three children of my daughter JANE COLEMAN (their names not now recollected)MARY W. ELAM, SUSAN E. ELAM, and LUCY A. ELAM to them and their heirs forever - And in the last place I do hereby nominate and appoint my son SAMUEL V. ELAM my executor to this my last will and testament hereby revoking all former and other wills and testaments by me at anytime heretofore made. And I do hereby declare this to be my last will and testament - In witness whereof to this my last will and testament I have set my hand and seal this the fourth day of January in the year of our Lord one thousand eight hundred and forty eight- SAMUEL ELAM (seal) signed, sealed, published and declared in the presence of THEODR. M. ROBERTS, BENJ. A.. ROBERTS, WILLIAM ELAM Whereas I, SAMUEL ELAM, of the County of Charlotte and State of Virginia have made and duly executed my last will and testament in writing bearing date the fourth day of January in the year of our Lord one thousand eight hundred and forty eight- Now I do hereby declare this present writing to be in codicil to my said will and direct the same to be annexed thereto and taken as part thereof and I do hereby give and bequeath to my four daughters namely EDNA ELAM, MARY W. ELAM, SUSAN E. ELAM and LUCY A. ELAM one good feather bed apiece and all the bed clothing which they have heretofore manufactured by the labour of their own hands- And I do hereby revoke all former and other codicil by me made at any time heretofore- In witness whereof to this present writing which I hereby declare to be a codicil to my last will and testament bearing date the fourth day of January one thousand eight hundred and forty eight and which I direct to be added thereto and to be taken as a part thereof, I have set my hand and seal this the seventeenth day of April in the year of our Lord one thousand eight hundred and forty eight- SAMUEL ELAM (seal) Signed, Sealed, published and declared by the said Saml. Elam as and for a codicil to his last will and testament in presence of Benj. a. Roberts, Theoderick M. Roberts. ------------------------------------------- At a court held for Charlotte County the 7th day of August 1848, the foregoing last will and testament of Samuel Elam decâ€(tm)d. and the codicil thereunder written were produced in court by SAMUEL V. ELAM the Executor therein named and the said will was proved by the oath of BENJAMIN A. ROBERTS & WILLIAM ELAM two of the subscribing witnesses thereto and ordered to be recorded - and the said codicil was proved by the oath of Benjamin A. Roberts one of the subscribing witnesses thereto and order to be certified. And at another court held for the same county the 4th day of September 1848 The said will & codicil were again produced in court by the said SAMUEL V. ELAM the Executor therein named and the said will was further proved by the oath of Theoderick M. Roberts another subscribing witness thereto & again ordered to be recorded- and the said codicil was also further proved by the oath of THOEDERICK M. ROBERTS another subscribing witness thereto & ordered to be recorded - And on the motion of the said SAMUEL V. ELAM who took oath and acknowledged a bond in the penalty of four thousand dollars conditioned as the law required so certificate is granted him for obtaining a probate of the said will in due form. Teste WINSLOW ROBINSON CC