Franklin County Virginia USGenWeb Archives Wills.....Perdue, Mark October 18, 1880 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Janet King JPerdue192@aol.com April 5, 2009, 12:29 pm Source: Franklin Co., Va Will Bk 20, Pg. 180 - 183 Written: October 18, 1880 Recorded: August 3, 1885 I Mark Perdue of the County of Franklin being far advanced in life and feeling that my day on this earth is not very long do make and constitute this paper to be my last will and testament hereby revoking and annualling any and all wills by me at any time heretofore made. First. I direct the payment of all my just debts and burial expenses. Second. I give my Creek tract of land bought of the heirs of Stephen Ferguson to my son P. D. Perdue in trust to be held by him for the use benefit and support of himself and his children lawfully begotten but in no event to be bond for any debt heretofore or hereafter contracted by him or for any publically incurred by him at any time. My said son is to have the privilage of working said land and receiving the proceeds thereof for the benefit of himself and children at his death the said land is to pass in equal propertions to his childre then living and the children of such of them as may be deat, the child or children of such one as may be dead receiving the parents share. I further direct that the present wife of my said son shall not be entitled to dowere in said land nor shall she receive anything from any other portion of my estate given my said son under my will. Third I give to my son Whittle Perdue to be held in trust for the benefit of himself his wife and children, the tract of land in which I at present reside (my home tract) My said son Whittle is to have the full control of the rents issues and profits of said land and to work and use the same for the support of himself and his familys use of said land is in no event to be held liable for any debt heretofore or here after contracted by him or for any other liability incurred by him at anytime. It is my intention to sell a part of this tract about one hundred acres bounded by the lands of John Starkey the widow Perdue and others, and if I do the money arising from such sale is to be divided as I shall direct my others money to be divided by this will. At the death of my son Whittle Perdue, the land aforesaid devised to him shall pass to his children them living and the children of such of them as shall be dead, such child or children taking the part to which the parent if living would be entited according to the Virginia law of descent, hither said land shall be subject to the right of dower of the wife of the said Whittle as if he were the dower in fee of said land. Fourth. If my said sons or either of them should not desire to live on the lands devised to them as aforesaid, they may leave them but I desire that my executors shall see that the timber on said lands shall not be unnecessarily consumed. Fifth If at my death I should be the owner of any real estate not distributed of by this will I direct that the same be sold by my executors on such terms as they may deem proper and the proceeds shall be divided as I shall hereinafter direct my money shall be divided, and if I should in my lifetime sell any part of my real estate and not convey the same, I hereby authorize my Executors to make a proper deed for the same where the purchase money is paid. Sixth. In order to clearly understand in the event that I should not sell the 100 acres of land mentioned in the 8th clause of my will then the said one hundred acres shall be disposed of by said third clause. Seventh. I give all of my household and kitchen furniture, plantation utensils carts, wagons and other vehicles all such and crops of every description on the place on which I live to my son Whittle Perdue subject to the trusts and limitations incurred by the third clause of my will and the land divided to him. Eighth. I direct that my executors shall as speedily after my death as possible collect all moneys due to me and they shall loan out the sum on good security and collect the interest annually and pay out half of such interest to my son P. D. Perdue and the other half to my son Whittle Perdue which sums so paid shall be used by my said sons in the support and maintenance of their respective families at the death of either son his share of said money shall be equally divided between his children then living and the descendents of such child as shall be dead per sticsses but the wife of my son Whittle shall have such pertiery of his part of said money as she would be entitled to were he the absolute owner of said money. Nineth. If either or both of my sons should desire to sell the land hereby devised to them respectively I hereby authorized such sale to be made but it shall be the duty of the purchaser or purscharee to see that the purchase money is invested in other land to be held subject to the trusts and limitations of this will as to the lands herein devised my said sons. Tenth. I have heretofore given large sums of money to my said sons and I direct that unless I shall hereafter make other advance monies to them or to one of them then I direct that in making devisions of my money between them as heretofore directed that neither of them shall be charged with the money heretofore given them or him. Eleventh I hereby nominant and appoint my friend and neighbor Tyree S. Dillion executor of this Will and testimony whereof I have hereunto set my hand and seal this 18th day of October in the year 1880. Witness; Y. E. Dennis Mark (his X mark) Perdue (seal) Lewis Dillion Codicil to my will made this 12th March 1885 In addition to what my daughter in law Alberta C. Perdue now the widow of my son Whittle Perdue decd will get under my will I give her the sum of five hundred dollars for her services and attention to me during the sickness through which I am now passing, which sum my executor is to pay her out of my estate, which is not to be dischargable in my home tract of land. Witness my hand and seal the day and year above written. Witness G. E. Dennis Mark (his X mark) Perdue (seal) Lewis Dillion Codicil to my Will made this 12 March 1885 In addition to what my daughter in law Alberta C. Perdue now the widow of my son Whittle Perdue decd will get under my will I give her the sum of five hundred dollars for her services and attention to me during the sickness through which I am now passing, which sum my executor is to pay her out of my estate, which is not to be dischargeable in my home tract of land. Witness my hand and seal the day and year above written. Witness; G. E. Dennis Mark (his X mark) Perdue (seal) H. C. Ridgeway Franklin County Court 3rd August 1885 The last will and testament of Mark Perdue deceased with a codicil thereto attached was produced in Court and the will aforesaid was proven by the oath of G. E. Dennis one of the subscribing witnesses thereto who made oaths that said Mark Perdue signed said paper as his last will and testament in the presence of him the said G. E. Dennis and Lewis Dillion another subcribing witness that said Dennis and Dillion signed said paper at the request and in the presence of Mark Perdue the testator and in the presence of each other, that said Mark Perdue at the time of the execution of said will was of such mind and disposing memory and the codicil aforesaid was signed by the oaths of G. E. Dennis and H. C. Ridgeway the subscibing witnesses thereto, said will and codicil are ordered to be recorded and Tyree D. Dillon the executor named in said will declining to act as such on the motion of G. E. Dennis who made oaths and executed bond in the penalty of six thousand dollars entered as prescribed by law with John C. Ferguson and Thomas B. Greer as his sureties which bond was acknowledged in court by the obligees certificate is granted him to obtain letters of administrators as the estate of the said Mark Perdue decd with his will annexed in due form. Teste Jas J. Carssus Clk Additional Comments: Mark Perdue was born 1794 to Meshack Perdue & Eleanor Dillon. He married first to Mary Polly Bowsman daugther of George Bowsman & Elizabeth Pool. They had no children and Mary died 1852. Mark married second Catherine Dillon daughter of Arthur Dillon and Jane Ross. Their children: Pee Dee Perdue b 6 Dec 1852 d 7 Jan 1923 m Lucy Ann English Whittle Perdue b ca 1854 d 17 Nov 1884 m Alberta Dillon Lee Perdue b ca 1856 d 26 Feb 1863 he was thrown from a horse at 7 or 8 and broke his back Mollie Perdue died young after falling backwards into hot oven Emma Perdue died infancy File at: http://files.usgwarchives.net/va/franklin/wills/perdue450gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 9.1 Kb