Will: James Stevens, Sr., 1813 Source: Nelson Co., VA, Will Book A, Pg 294 ff. Contributor: Mary E. Stewart ------------------------------------------------------- In the name of God Amen, I James Stevens of Amherst County, being in a weak and low state of health, but of sound and disposing mind and memory, do make and ordain this my last will and testament in manner following. That is to say, first, I give, devise and bequeath unto my son James Stevens and his heirs, all that tract of land that was surveyed for him, whereon he now lives, containing two hundred and seventy acres; also all that tract, called and known by the name of the mill tract adjoining the land belonging to the estate of William Loving Deceased, the land which I have surveyed for and herein after devised to George Loving and Samuel Spencer, and the aforesaid Tract which I have already given to my son James. Item I give and bequeath to my said son James Stevens one negro Boy named Charles, one feather bed and furniture, and one Bay horse, all of which are now in my said son James's possession, and also one young negro woman named Jude; Item I give devise and bequeath unto my son John Griffin Stevens, and his heirs, all the upper part of my Tract of land whereon I now live, except such part thereof as I herein after devise to my three daughters Molly Jopling, Behetheland Penn and Elizabeth Thompson saving and reserving to my beloved wife Behetheland Stevens, for and during her natural life or widowhood, three hundred acres thereof, to be laid off adjoining my son James's land and up Ruckers Run, so as to include the Dwelling house whereon I now live. Item I give and bequeath to my said son John Griffin one negro Boy named Joe, and one negro Girl named June and also one feather bed and furniture. Item I give devise and bequeath unto my daughter Anne Spencer and her heirs the tract of land I had surveyed for her containing two hundred acres, adjoining the lands of Hezekiah Hargrove my son James and that which I herein after devise to my Daughter Mildred Loving. Item I give and bequeath to my daughter Anne Spencer one Negro Boy named Jerry, one feather bed and furniture and one Bay mare which are now in the possession of my said Daughter Anne Spencer; and also one Negro Girl named Sarah. Item I give desire and bequeath unto my daughter Mildred Loving and her heirs that tract of land which I had surveyed for her containing two hundred acres, adjoining the lands of Hezekiah Hartgrove, William Loving, Robert Harrison, the Estate of William Furbush dec'd and the mill tract of land herein before devised to my son James. Item I give and bequeath to my said Daughter Mildred Loving one negro woman named Sylvia and her children, one feather bed and furniture and one cow and calf, which are now in the possession of my said daughter Mildred; and also one Negro boy named Charles. Item I give desire and bequeath unto my Daughter Molly Jopling and her heirs, a certain parcel of land, containing one hundred and fifty acres more or less, being that part of my upper tract of land before mentioned and whereon she now lives, to be laid off, as I shall hereafter direct. Item I give and bequeath unto my said Daughter Molly Jopling one negro Girl named Rachel and one feather bed and furniture, which are now in her possession; and also one Negro man Cesar. Item I give desire and bequeath unto my daughter Behetheland Penn and her heirs a certain parcel of land containing one hundred and fifty acres more or less, being also a part of my upper tract of land beforementioned, to be laid off as I shall hereafter direct. Item I give and bequeath unto my said Daughter Behetheland Penn one Negro Girl named Sarah, and one feather bed and furniture, which are now in her possession, and also one Negro Boy named Frank. Item I give desire and bequeath unto my Daughter Elizabeth Thompson and her heirs, a certain parcel of land containing one hundred and fifty Acres, more or less being the remaining part of my upper Tract of land before mentioned and reserved to my three last mentioned Daughters to be laid off as I shall hereafter direct. Item I give and bequeath to my said daughter Elizabeth Thompson one Negro Girl named Lizzy and one feather bed and furniture, which are now in her possession, and also one negro man named Tom. Item I give and bequeath unto my Daughter Sarah Jopling one Negro woman named Cate and her children, one feather Bed and furniture and four head of cattle, which are now in her possession, and also one Negro Boy named Matt. Item I give and bequeath unto my Grandson James Stevens Jopling forty pounds in specie to be raised out of my Estate; I give and bequeath to my Grandson James Stevens the son of my son James, One Negro Boy named Will. Item I give and devise to my beloved wife Behetheland Stevens during her natural life or widowhood, three hundred acres of land, herein before reserved to her out of my son John Griffin Stevens's proportion. Item I give and bequeath to my said beloved wife Behetheland Stevens during her natural life or widowhood, the following slaves, to wit, Will, Robin, Ralph, Fortimore, Winney, Jamey boy Will and Moses, and also all the rest and residue of my personal estate, not herein before disposed of, and immediately after the decease, or intermarriage of my said wife my will and desire is, that the said several Slaves, and their increase, together with the rest and residue of my personal Estate bequeathed to my beloved wife above named, shall be equally divided among my children beforementioned. Farther my will and desire is, in case my son John Griffin Stevens shall die without leaving any issue lawfully begotten, at his decease, that then the tract of land and Slaves herein before given and devised to him, shall go and belong to my son James Stevens and his heirs. And also it is my will and desire that in case my daughter Molly Jopling shall die without leaving any issue at her decease that then the Tract of land and slaves herein before given and devised to her, shall be disposed of as follows, that is to say, the said Tract of land shall go and belong to my son James Stevens and his heirs, and the said Slaves and their increase to be equally divided among my surviving children. And lastly my will and desire is that my estate not given and put into the actual possession of the before mentioned legatees and devisees before my decease, shall be kept together and be under the management of my Executor hereinafter named until all my Just debts and the pecuniary legacy before mentioned shall be discharged, and my express wish and desire is that my executor shall allow my said wife out of the proceeds and profits of the estate hereby directed to be kept together a decent subsistence, until the said debt and legacy shall be discharged. I do hereby constitute and appoint my son James Stevens sole executor of this my last will and Testament. In Witness whereof I do hereunto set my hand and seal this fourteenth day of October one thousand seven hundred and ninety six. Witnesses: Will Cabell Junr Landon Cabell James Murphy James Stevens, Seal Hezekiah Hargrove John Thompson Junr John Staples I, James Stevens do make the following Codicil to my will which is to all intents and purposes to be received and taken as part thereof, Viz., It is my will and desire that in addition to the property left my beloved wife Behetheland Stevens, she shall have one hundred acres more of the tract of land devised to my son John G. Stevens to adjoin the land left my said wife by my will, also the following Negro Slaves, to wit, little Jude, Sue, Davy and Jim, also all my stock of every kind and household and kitchen furniture which said land and other property her with the property devised to her by my will, I wish my said wife to hold and enjoy for and during her natural life. After the death of my said wife Behetheland Stevens I give and bequeath the said Negro Sue to my Grandson James Stevens son of John G. Stevens and the said negro Davy to my Grandson Samuel Stevens son of James Stevens Junr and the said Negroes little Jude and Jim to my Grand daughters Sally and Behetheland Penn children of my Daughter Behetheland Penn Decd to them and their respective heirs forever; The Negro Tom devised to my daughter Elizabeth Thompson, I give and bequeath to my beloved wife during her natural life and after her death to be disposed of as the other property left my said wife. I give and bequeath to my friend Spotswood Garland my negro Woman Sarah which I had devised to my Daughter Anne Spencer and my Negro Boy Simon, together with such property as would have fallen to my Daughter Elizabeth Thompson by my will after the death of my wife, to be holden by him and his heirs forever upon Trust. However and for the special purpose herein after mentioned, Viz., that the said Spotswood Garland and his heirs shall allow my said daughter Elizabeth Thompson and her children to have the use and benefit of said property during the lifetime of my said Daughter Elizabeth and after her death it is my desire that the said property with its increase shall be held and enjoyed by the children of my said daughter Elizabeth in equal proportions to them and their heirs forever. I give and bequeath to my Daughter Anne Spencer in lieu of the negro woman Sarah formerly devised to her my negro woman Hannah, to her and her heirs forever. Whereas my son James Stevens Junr hath purchased the land which were devided in my will to my daughter Behetheland Penn and hath paid for the same, I do therefore give and bequeath the said land containing one hundred and fifty acres to my said son James Stevens Jr and to his heirs forever. In witness hereof I have hereunto set my hand and affix my seal this twenty fourth day of March in the year of our Lord one thousand eight hundred and ten. Witness James Stevens, Seal S. Garland Wm. Vaughan John Brooks I James Stevens do make this further codicil to my will which is to be taken as part thereof Viz.: The land devised to my son John G. Stevens I wish to be held and enjoyed by him and his wife during their lifetime and after their death my will and desire is that the lands so devised to him shall descent to his children lawfully begotten in equal proportions to them and their respective heirs forever. It is my will and desire that the land bequeathed to my Daughter Molly Jopling (should she die before her husband Thomas Jopling) should be held and enjoyed by him during his life. I give and bequeath to my daughter Mildred Loving my Negro Hannah's Child Pender born since I made the other Codicil to my will, in lieu of the negro Charles I left her in my will (who has since died) to her and her heirs forever. My will and desire is that the negro woman Jude left to my son James Stevens Jnr and the two children she now has Elvira and Henry shall be held by my said son James during his life and after his death, they and their increase to be equally divided between his two daughters Mildred and Elizabeth to be held by them and their heirs forever. In Witness whereof I have hereunto set my name and affixed my seal this 7th day of November 1813. Witness James Stevens, Seal Benjamin Bradshaw James S. Penn S. Garland At a Court held for Nelson County the 22nd day of Novr 1813 This Instrument of writing purporting to be the last will and testament of James Stevens Sen- Deceased was produced into Court and proved by the oaths of Landon Cabell and James Murphy, and the first Codicil thereto annexed was proved by the oaths of Spotswood Garland and John Brooks and the second Codicil thereto annexed was proved by the oaths of Benjamin Bradshaw and Spotswood Garland Witnesses thereto, all of which are ordered to be Recorded Teste: Spotswood Garland Clk ****************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, this document may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor or a legal representative of the contributor, AND you provide the listed USGenWeb archivist with proof of this consent. ******************************************************************