Will of Mitchel Clay, Sr., 1810 - Giles Co. VA From "The Descendants of John Thomas Clay, Jamestown Immigrant and son of Sir John Clay of Wales" by Jeannie C. Watts, © 1999, http://www.trellis.net/users/madamx . Originally transcribed by the author from a photocopy supplied by the Giles County Courthouse. In The Name of God Amen I Mitchel Clay Sen. of the County of Giles and State of Virginia being very sick in body but of perfect mind and memory Thanks be given unto God Calling into mind the Mortality of my body and knowing that is appointed for all men once to die do make and ordain this my Last will and testament. That is to say Principally and first of all I Give and Recommend my Soul into the hands of almighty God that Gave it and my body I Recommend to the Earth to be buried in decent Christian burial at the discretion of my Executors nothing doubting but at the general Resurrection I Shall Receive the Same again by the migh -ty Power of God and as touching Such worldly Estate where with it has Pleased God to bless me with in this life I Give demise and dispose of the Same in the following manner and form firstly of all I Give and Bequeath to my Dearly beloved Daughter Patience Chapman one Dollar to be Raised and Levied out my Estate, Secondly I Give and bequeath unto my Dearly beloved Daughter Rebecca Pearis one dol -lar to be Raised & Levied out of my Estate Thirdly I Give and bequeath to my dearly beloved daughter Obedience French one Dollar to be Raised and Levied out of my Estate Fourthly I Give and bequeath to my dearly beloved Daughter Polly Stuart one Dollar to be Raised & levied out of my Estate, Fifthly I Give and bequeath to my Dearly beloved Daughter Sally Peters one Dollar to be Raised & Levied out of my Estate Sixthly & I also Give and bequeath to Each of the Child- ren of David Clay Decd one dollar to be Raised and Levied out of my Estate. Seventhly I Give and bequeath to my Dearly beloved Son Mitchel Clay the younger one negro Girl named Lidy to him & his heirs for Ever. Eighthly I give and bequeath unto my dearly beloved son William Clay one negro boy named Ned to him and his heirs forever Ninthly, I give and bequeath unto my dearly beloved son Charles Clay one negro boy named May to him and his heirs forever Tenthly I give and bequeath to my dearly beloved son Henry Clay one Negro Girl named Rachel together with all and singular the tract of Land wheron I now live it lying on the North east side of New River adjoining and below the lands of Mitchel Clay (the younger) with all its (appivelenances?) (missuages?) tenements dwelling house and out houses. Also all my stock of horses, Cattle hogs and stock of every kind household and kitchen furniture unto him and his heirs forever. Excepting three cows of an average value which I give and bequeath unto my son Charles Clay. Also I give and bequeath to my two sons Mitchel Clay (the younger) and Henry Clay the tract of land I bought of Reuben Roberts and was by the heirs of Reuben Roberts conveyed to (be?) me to them and their heirs forever to be equally divided between them. Provided the Said Mitchel Clay and Henry Clay do pay unto Reuben Roberts (ad----) the Sum of one hundred & Sixteen dollars or there abouts with the interest on the Same which Sum I am owing to the Said Estate of Roberts and in case they the said Mitchel Clay and Henry Clay fails to make the payment aforesaid then It is my will and desire that the said Tract of Land be sold and the money arrising therefrom to be appropriated to the payment of the debt aforesaid Also It is my will & desire that a tract of Land I own on the five mile fork of East River of about one hundred acres shall be sold to pay my debts I also give and bequeath unto my four Sons Mitchel Clay the younger Charles Clay Willi -am Clay and Henry Clay one Negro woman named Phebe and her boy Child name Jack to be Equally divided between them that is to say that Either two of my sons may keep the said two negroes and pay the other two of my sons their Share of their value and in Case they cannot agree then the Said two negroes to be sold and the money divided between my four Sons aforesaid Equally, also It my will and desire that my four sons (towith?) Mitchel Clay Charles Clay William Clay and Henry Clay do pay all my Just debts that may Remain unpaid after the payments are made heretofor provided for and in Case they fail to pay the Remaining debts aforesaid then the negro woman and her Child Jack to be sold & the Remaining debt paid and the Residue of the money If any Equally divided amonst my four Sons aforesaid Also it is my will and desire that my Executor collect all the debts that are coming to me and appropriate them in the payment of my debts and I do hereby utterly disallow revoke and disannul all and Every other former testament wills Legacies and bequests Ratifying and confirm -ing this and no other to be my last will and testament, and I do hereby ordain constitute and appoint my four Sons Mitchel Clay Charles Clay William Clay & Henry Clay my Executors of this my last will & testament in witness where of I have here unto set my hand and Seal this twenty sixth day July 1810 Signed Sealed and Mitchel (his mark) Clay Seal Delivered in Presents of A. Johnston John Brown Joseph St----- Henry (his mark) Dillian Codicill I Mitchel Clay Sen. of the County of Giles and State of Virginia being in perfect health of body and of sound mind and memory do make ordain & constitute the following Codicil as part of my will made and acknowledged the twenty sixth day of July 1810 That is to Say that so much of the said will and desires as bequeath one negro girl named Lidy to my son Mitchel Clay the younger I do hereby revoke and dis an nul and in lieu thereof I Give and bequeath unto my son Mitchel Clay my black woman named Pheboe and her boy Child named Jack to him and his heirs for Ever revoking and disannuling that part of Said will here referred to as Gives the said Pheboe and her child Jack to my four Sons Mitchel Clay Charles Clay William Clay & Henry Clay 2ndly I Give and bequeath unto my Son William Clay one negro girl named Liddy to him and his heirs heirs for ever in lieu of a negro boy named Ned as mentioned in my former will will to which this is a Supplement revoking that part of the Said will as bequeaths the Said Ned to my son William Clay 3dly in my former will to which this is a Supplement I Give and bequeath unto my son Charles Clay three Cows of an average value and Since the making the Said devise I have give him two of the Cows there in mention -ed therefore I now give and bequeath unto the Said Charles only one Cow agree able to the terms in the Said will mentioned 4thly It is my will and desire that my negro boy named Ned Shall be sold and the money applyed to the payment of my Just debts in Case the provisions made in my former will to which this is a supplement proves in sufficient to the payment of my debts but in case the provisions there in mentioned be found Equal to meet my debts or in case there Should be a Surplus of the price of the negro boy after paying the debts in Either case my will is that the money be equally divided between my four Sons Mitchel Clay Charles Clay William Clay and Henry Clay and I do here by dis annul all and every part of my former will to which this is a Supplement that comes within the p--------- of this Codicil Ratifying and confirming this Codicil is gather with my former will to which this is a Supplement so much there of as is not altered nor Changed by the Codicil to be my Last will and testament in which where of I have here unto Set my hand and Seal this thirtieth day of March in year of our Lord 1811 Signed Sealed and acknowledged Mitchel (his mark) Clay Seal __________ before At Giles April Court signed 1811 this last will and A. Johnston testament of Mitchel Clay Dcd Saml Brown was proven in Court by the oaths Wm Chapman of Andrew Johnston John Brown D Johnston and Henry Dillion also this Codicil was proven by the oaths of Andrew Johnston & David Johnston two of the witness there to subscribed which Codicil together with the original will is ordered to be recorded Test David French ------ Submitted by Jeannie Watts **************************************************************** 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. Files may be printed or copied for personal use only. ****************************************************************