Will: Elisha Peters, 1845 Source: Nelson County, VA Will Book N, page 190 Contributor: Diana Lehman ------------------------------------------------------------------ The Will and Codicil of Elisha Peters Will Signed July 16, 1845; Codicil signed March 1, 1854 Will recorded March 24, 1862 (Bedford County Court) Recording of the will appealed May 2, 1863 by David C. Thomas and wife, Wilson Peters and William Peters; appeal denied and will admitted to record May 2, 1863 (Bedford Circuit Court) Will recorded June 24, 1878 (Nelson County Court) In the name of God: Amen: I, Elisha Peters of the County of Bedford being of sound mind and memory, but mindful of the uncertainty of human life, do make and publish this to be my last will and testament hereby revoking all other wills, at any previous time, made by me. In the first place. If I shall owe any debt or debts, at the time of my death, I desire my executors hereinafter named, promptly to pay the same. In the second place, Being desirous to make ample provision for my beloved wife, Cynthia Peters, who has ever been a most affectionate companion to me, through life, and by her prudence, industry and economy, has contributed much towards the accumulation of such property, as I have, I give and bequeath to her, as follows, viz: one equal third part of my lands, in the County of Bedford, (being a little over 2000 acres) including the mansion house quantity and quality being considered. also all my household and kitchen furniture. also ten of my choice negroes, to be selected by her self. also so many horses, sheep, hogs and cattle, as may be reasonably sufficient to stock her land, also so many of the plantation tools and utensils, as may suffice to work the land. also 150 barrels of corn, and one third part of the provender and rough food, that may be, on the premises, at my death, and such family supplies, as may be then, on hand. all of said property (except the corn, rough food and family supplies, which are given absolutely) to be held and enjoyed by her, during her natural life, and at her death, to be disposed of, as I shall hereinafter direct. And in the event of my having on hand, at the time of my death, any ready money, I also give that to my said wife, absolutely, to dispose of in any manner she pleases. In the third place. Being desirous to make and confirm to my daughters, Mrs.___ Thomas, wife of David Thomas, and her children, and Mrs. Jane Smiley and her children, some suitable provision, I do give and bequeath unto my said daughter, ___ Thomas, wife of said David, two several tracts of land, lying in the County of Nelson, and by a plat and survey, in my possession, made by Wm. Hill on the 15th January 1819, bounded as follows, to wit: Lot No. 3. beginning at pointers, at A, and running with the Warminster road, agreeably to its windings and bearings 146 poles, to James Johnson's lines, at O. thence with said Johnson's, Elijah Staton's, James Carr's, John Dixon's and Wm. Dixon's Senr. lines to a chestnut at M, thence with the lines M.L.K.A. to the beginning, containing 268 acres. along with this tract, and to be regarded as part of it, I intend to include a small tract of land, adjoining it, which I bought of Elijah Staton: also Lot No. 2. beginning at pointers at N on the Warminster road, and running with said road, agreeably to its windings and bearings 244 poles to pointers at A. thence N. 40. E. 152 poles to two chestnuts at K. N 53 E. 103 poles to a chestnut oak at L.N. 84 E. 65 poles to a chestnut at M. thence with Wm. Dixon's, Col: Nevill's, Capt. Anderson's and Daniel Seibrick's lines to the beginning: containing 310 acres: the said lands to be held to the sole and separate use of my daughter Thomas and to enable her to support herself and her children. but not under any circumstances (either the land or its proceeds) to be under the control or liable for the debts or contracts of the said David Thomas, past, present or future. and I do direct my executors to hold the said lands, in special trust for the purposes aforesaid, so long as my said daughter shall live and at her death, I give and bequeath the said land to such child or children (except her oldest daughter Ann, whom I regard as provided for, in another way) as my said daughter may leave, and the descendants of such child or children, as may have died before her, the descendants of any such deceased child, to take what the parent would have taken, if living. And I do also give and bequeath unto my daughter, Jane Smiley, the tract of land lying in the County of Nelson, on which I formerly resided, containing 520 acres, described in the plat and survey aforesaid, as follows. Lot No. 1. beginning at pointers at N. corner to Dan: Seibrick's and running with his lines, John Sigon's, George Vaughan's & Col: Wm Cabell's to a chestnut oak, on the top of Fendley's Mountain at H. thence along the top of the mountain N. 51 1/4 E. 29 poles to a chestnut oak at G. N. 42. E. 72 poles to chestnut oak at F. N. 32. E. 78 poles to 3 chestnut sprouts at E. N. 66. E. 31 poles to pointers at D. N. 40. E. 74 poles to pointers at C. N. 55. E. 95 poles to a chestnut oak at B. N. 45 E. 70 poles to pointers on the road, leading from Sandon Cabell's to Warminster at A, thence along said road 244 poles to the beginning. This tract contains 10 acres and 31 poles of land, which I bought of John Siggin To have & To hold the said Tract of land, to my said daughter Jane, during her natural life and at her death, to go to such child or children as she may leave, and the descendants of any child, that may have died, before her. the descendants of such deceased child to take, what the parent, if living, would have taken. These lands have been, for a number of years, in the possession of my said daughters, tho from prudential reasons, I have reserved the title and the full right therein, to myself. In the fourth place. I have endeavored, as my various children came of age or married, or started in life, to give them such portions of my estate, as seemed to me, to be equitable and just and these advancements having been made to all, but my three youngest children, hereinafter named, I have considered it right and proper to give to them, such remaining property, as I may have, at my death. wherefore, I do give and bequeath all the rest and residue of my estate, real and personal, not hereinbefore disposed of, including my lands & negroes, in the County of Bedford, and also all my interest in the estate of Lemuel Turner deceased, and all other property and estate, of which I may die seized, possessed or entitled to (except ready money) to my three youngest children, Aurelia Peters, Stephen Peters, and William Peters (sometimes called Elisha) To be had and held by them equally, each taking one third in fee simple. and as to the property, which I have hereinbefore bequeathed to my wife, Cynthia for her life, I direct that at her death, the same shall go to my said three youngest children, in like manner, as the property above bequeathed to them. Lastly: I appoint my sons, Stephen Peters and William Peters, to be executors of this my last will and Testament. In witness whereof, I have hereunto set my Hand and seal this, the 16th day of July, in the year 1845. Elisha (his x mark) Peters Seal Signed, sealed, published and acknowledged by Elisha Peters, as his last will & testament in our presence, and we attested to the same, in his presence this 16th July 1845. C.S. Mosby Jas. T. Royall Jno. M. Sheed Codicil. I Elisha Peters on the 1st day of March 1854, make the following Codicil to my will, dated the 16 July 1845, above written that is to say. I give to my daughter Betsey Wills, a Negro girl named Grace about 10 or 12 years old. As to the property bequeathed to my Daughter Aurelia (now Mrs. Tribble) I direct as follows. As to all that may be coming to her under my will as originally made, except what she may receive in land & negroes, I give the same to her absolutely. As to what may be received in land & negroes, my will is that the same (i.e. the land & negroes) shall be held and enjoyed by her during her life. and at her death, the same shall pass in fee simple to any child or children that she may leave surviving her, & the descendants of any child that may have died before her, the descendants to take what the parent would have taken, if living. But if my said Daughter Aurelia shall die, leaving no child or children, nor descendants as aforesaid then my will is that the said land & negroes, bequeathed to her for life, shall at her death, be equally divided between my sons, Stephen Peters and William Peters__ Except as modified by this Codicil, I now reacknowledge & republish my will as hereinbefore written & executed on the 16 of July 1845. Given under my Hand & Seal the 1st of March 1854. Elisha (his x mark) Peters Signed, sealed and acknowledged by Elisha Peters in our presence & we attested together in his presence this 1st March 1854. C.S. Mosby Jno M Sheed At Bedford Circuit Court May 2nd 1863 David C. Thomas and ___ his Wife, Wilson Peters and Frederick Peters... Appellants against Stephen Peters and William Peters Appellees Upon an appeal from an order of the County Court of Bedford entered on the 24th day of March 1862, whereby a certain paper writing bearing date the 16th day of July 1845, with a Codicil thereto attached bearing date the 1st day of March 1854, was ordered to be recorded in said Court as the true last Will and Testament and Codicil of Elisha Peters deceased. This day came the parties by their attorneys and sundry witnesses were sworn and examined, and the parties fully heard. On consideration whereof, the Court doth order that the said order of the County Court of Bedford, entered on the 24th day of March 1862, whereby the said paper writing bearing date the 16th day of July 1845, with the Codicil thereto attached, bearing date the 1st day of March 1854, was established as the true last Will and Testament and Codicil of Elisha Peters deceased, be affirmed. that the said Will, with the Codicil thereto attached, be recorded in this Court that the appellees recover against the appellants their costs by them expended in their defence in this Court, and also the costs by them expended about their motion in the County Court of Bedford. Test, R. D. Buford, Clk. At Bedford Circuit Court April 25th 1864. The last Will and Testament of Elisha Peters deceased having been admitted to record in this Court on the 2nd of May 1863, Stephen T. Peters, one of the Executors therein named, this day appeared in Court and made oath thereto, and together with James W. Harris and William E. Peters (the latter by Rowland D. Buford his attorney in fact,) his securities, entered into and acknowledged a bond in the penalty of One Hundred thousand dollars, conditioned according to law whereupon certificate was granted him to obtain a probate of said Will in due form. Teste, R. D. Buford, Clk. A Copy. Teste. R.D. Buford, Clk. In the Clerk's Office of Nelson County Court--June 24th 1878. This will was this day presented in said office and with the certificates thereto attached is admitted to record. Teste: W.M. Hill Clk ********************************************************* 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. 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