Will: Terisha Turner, 1840 Source: Nelson County, VA Will Book F, p. 152 Contributor: Diana Lehman ********************************************************* 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ********************************************************** The Will and Codicil of Terisha Turner Nelson Co. VA Will Book F, pp. 152-157 Signed May 11, 1840; proved March 22, 1841 Turners Will Terisha In the name of God Amen I Terisha Turner of the county of Nelson and State of Virginia, being of sound mind and memory Altho' far advanced in years, and calling to mind the certainty of Death and the propriety of making both spiritual and temporal preparation therefor, do make ordain publish and declare the following as and for my last will and testament, touching and concerning the disposition at my death of the worldly estate with which it has pleased a bountiful Providence to bless me. That is to say - First.. It is my will and desire that all my just debts be paid as also my funeral expenses out of any monies I may have on hand or otherwise, at the discretion of my executors_ Secondly..In the event of my beloved wife surviving me I lend to her during her natural life eight of my slaves to be selected by herself. And I also give to her absolutely all my household and kitchen furniture and one fourth part of all my stocks of horses, cattle, sheep and hogs and provisions and provender of all kinds sufficient to serve her during the first year after my death. I likewise give her the privilege of remaining on the place where I now reside and the use of one third of said land during her natural life. Thirdly I devise and direct that the tract of land which I own in the county of Amherst on which ___ Wha__tly now lives, be sold by my Executors on such terms as they may deem advisable. That they convey the land to the purchaser and that the proceeds thereof shall be regarded as a part of my personal estate and shall pass as my other personal estate is hereinafter directed to pass. Fourthly I give to each of the four children of my deceased son James Turner the sum of two thousand dollars to be paid to them by my executors out of any monies I may leave on hand at the time of my death or otherwise at the discretion of my Executors but they shall not be compelled to pay the same or any part thereof within ___ four months after my death. Fifthly I give to my son Lemuel Turner, my son-in-law James S. Dillard and my Grand sons Terisha W. Dillard and James S. Dillard in trust for the uses and purposes hereinafter declared the tract of land I purchased of Lemuel Turner, Stephen Watts and Charles C. Pattison as Trustees of John Spencer and family and of the said John Spencer and his wife described in their conveyances of the same to me, of record in the County Court of Nelson and lying in Nelson County on Tye River, also Two sevenths of my personal estate not herein before disposed of and at the death of my wife two sevenths of the slaves loaned to her for her life and of their increase To be held and managed by the same Trustees as their own absolute discretion. Out of the profits of said land and personal estate contracted in this clause of my will. the said Trustees may if they think proper so to as (but they shall not be compelled or be liable to be compelled to do so either at law or in equity) give to my son Samuel Turner and to my son William Turner ___ ___ ___ support ___ said support may be suspended or wholly discontinued by the said Trustees at any time at their own absolute irresponsible and uncontro__ed discretion. The said Trustees are hereby authorized if to them it shall seem Expedient out of the personal property and the profits of the real And personal property contracted in this clause to add buildings ___ ___ ___ ___ ___ or upon the tract of land aforesaid as they shall deem judicious and so add to the Trust fund by investing any money belonging thereto, or arising therefrom in the purchase of other property real or personal. And should my said son William again return to this section of ___ the said Trustees are authorized if they think proper to do so (but shall not be compelled or be liable to be compelled to do so, either as carriers in equity they being hereby vested with an absolute and un___able discretion upon the subject) to give to my said son William either in fee, for life, or for a term of years subject to such conditions, limitations and restrictions as they may think proper to annex to such gifts, a portion of said Trust estate or fund as that the same do not exceed a moiety thereof. After the death of my said sons Samuel and William I devise and hereby direct that the said Trustees, or such of them as shall be then living to proceed to sell upon such terms as they may deem best the whole of the real and personal property belonging to said Trust fund and remaining unappropriated and still under their control, and to divide the proceeds of such sale, together with any monies belonging to said Trust Fund between the children of my two daughters Cynthia Peters and Narcissa E. Dillard giving to the children of my daughter Cynthia Peters one moiety thereof and giving the other moiety thereof to such of the children of my said daughter Narcissa E. Dillard (now born, or hereafter to be born) as may be then living and to the descendants of such of them as may be then dead, the descendants of such of them as may be dead to receive the portions to which their deceased parents would have been entitled if living. Sixthly, I give to my son Stephen Turner and to his heirs and assigns forever that Tract of land I purchased of Daniel Higgenbotham lying on Tye River in the county of Nelson and Amherst (the quantity and boundaries whereof will appear by reference to his conveyance of the same to me of record in the county court of Nelson) also one seventh part of my personal estate not hereinbefore disposed of to the children of my son James L. Turner and to my wife and at the death of my wife one seventh part of the slaves loaned to her for her life and of their increase. Seventhly, I give to my Daughter Cynthia Peters and to her husband Elisha Peters and to their heirs and assigns forever my tract of land situate in Bedford County, conveyed to me by William Langhorne and his wife _. also one seventh part of my personal estate not herein before disposed of to the children of my son James L. Turner and to my wife, and at the death of my wife one seventh part of the slaves loaned to her for her life and of their increase. Eighthly._ I give to my son Lemuel Turner and to his heirs and assigns forever the Tract of Land on which he at present resides being the Tract I purchased of John Arford and a small Tract adjoining thereto which I purchased of Charles Flood (both lying in the county of Nelson) also one seventh part of my personal estate not hereinbefore disposed of to the children of my son James L. Turner and to my wife and also at the death of my wife one seventh part of the slaves loaned to her for her life and of their increase. Ninthly. I give to my son in law James S. Dillard to my Grandsons Terisha W. Dillard and James T. Dillard, and to my son Lemuel Turner in trust for the separate use and benefit of my Daughter Narcissa E. Dillard the Tract of land on which I at present reside, being the same conveyed to me by Spotswood Garland and wife and by Robert Rivers, Alexander Brown and James S. Penn Trustees (as their Deed of conveyance of the same to me of record in the county court of Nelson will shew) another Tract of land adjoining that on which I reside, being the Tract conveyed to me by Samuel Stevens and by James Stevens and Elizabeth his wife and by Samuel Stevens and John Stevens Jr (as their conveyances of the same to me also of record in the county court of Nelson will shew) together with all and singular the appurtenances to the said Tract of land belonging, also two sevenths of my personal estate not herein before disposed of to the children of my son James L. Turner and to my wife; the said two sevenths to include my negro boy William as part thereof, and also at the death of my wife two sevenths of the slaves loaned to her for her life, and of their increase. I do hereby enjoin upon my said daughter Narcissa E. to permit my unfortunate son John Turner to live with her during his life, and that she during the same period furnish him a comfortable support out of the profits of the said property. I do furthermore authorize and empower my said daughter Narcissa E. Dillard, notwithstanding her coverture at any time by deed or will in writing, attested by three witnesses to appoint and designate the person or persons who shall take and hold in fee or for any less estate, the property or estate embraced in this clause of my will or any portion or portions thereof which appointment or appointments shall be as effective in law to pass or transfer to the person or persons so appointed or designated by her, the title to the property designated or described in the appointment or appointments so by her made as if she were a femme sole and the said Trustees are hereby directed and required in all things to obey and conform to such appointment or appointments. And in case my said daughter Narcissa E. shall fail to make such appointment in reference to any portion of the property embraced in this clause of my will or its increase, then at her death the portion of said property as to which she shall have failed to make such appointment, and its increase, and the profits thereof if any remaining unused or unappropriated by her (it being my intention to give her the separate use and enjoyment without stint or accountability of all the profits of said property shall pass and descend to such of her children now born or hereafter to be born, as shall be then living and the descendants of such of them as may be dead the Descendants of such of them as may be dead to receive the portions to which their deceased parents would have been entitled if living. And the said Trustees are hereby authorized with the assent of my said daughter Narcissa E. to expand any portion of the ___erty herein given or of the profits of the ___ existing buildings on said lands or in other ___ on or upon said lands. ___ Same or other real or personal property subject to the uses and for the purposes herein dictated. Tenthly. I desire that my Negro man Kit (Christopher) have the privilege of choosing to which of the Devisees in this will he prefers to belong and the Devisee so selected by him shall take him and account for him at his appraised value in the division of my personal Estate. Eleventhly In case my wife shall not survive me then it is my will and desire that all of the personal property hereinbefore either given or loaned to her for her life shall be regarded and taken as a part of my personal estate, and as such shall pass to and be divided amongst the same persons in the same proportions and subject to the same uses, restrictions, conditions and limitations as is hereinbefore directed in reference to the residue of my personal estate except the foregoing bequest to the children of my deceased son James L. Turner who in no event are to be entitled to have or receive from my estate more than the pecuniary legacy of Two Thousand Dollars herein before given to them respectively. Twelfthly and Lastly, I do hereby constitute and appoint my son Lemuel Turner my son-in-law James A. Dillard and by Grand- sons Terisha W. Dillard and James T. Dillard executors of this my last will and testatment and having unbounded confidence in their int___ I direct and request that no security be required of them as such.__ The word "my" the word "wife" and the words "the said two sevenths to instate my Negro boy William as part thereof interlined before signing. In testimony of all which I have hereunto set my hand and seal this 11th day of May 1840. Terisha Turner (seal) Witness Signed, Sealed, acknowledged and delivered by the Testator, Terisha Turner as and for his last will and Testament in our presence and attested by us in his presence and at his request. Spotswood Garland AG Loving (Codicil) --- I Terisha Turner, do upon mature reflection, make the following codicil to my foregoing will dated the 11th day of May 1840 which is to all intents and purposes to be taken as part and parcel thereof. That is to say. I revoke that part of my will contained in the third clause thereof which directs the sale of my Tract of land in the county of Amherst and the proceeds thereof to pass as the rest of my personal estate and in lieu thereof I give devise and bequeath the said tract of land to my son Lemuel Turner and to his heirs and assigns for ever. It is further my will and I do hereby direct, that the 5th clause in my will be so amended as to authorize the Trustees therein named if they shall think proper to do so, after the death of my son William, should he leave child or children lawfully begotten, to give a moiety of the real and personal estate given in said clause for the support and maintenance of my sons, and my son William, to such child or children as left by my son William or the proceeds thereof should they think it best to sell it. Giving to said Trustees full authority to give or to withhold it at their discretion to give it absolutely or conditionally, and in such portions and at such terms as they may think proper. The other moiety is to be sold at the death of my son Samuel on such terms as the Trustees therein named shall think best and the proceeds arising from such sale to be divided into four equal parts, one of which I give to my son Stephen, another to my son Lemuel, another to the children of my daughter Cynthia Peters, and the other to the children of my daughter Narcissa E. Dillard. And in case the said Trustees shall decd. not to give the other moiety of said Trust fund to the children of my son William, after his death (should he leave any) then it shall be sold as the other moiety is directed to be sold and the proceeds thereof to be divided in the same manner and given to the same persons as above named. I revoke so much of my said will contained in the ninth clause thereof as gives to the Trustees therein named the Tract of Land purchased of Samuel Stevens, James Stevens and Elizabeth his wife, and Samuel Stevens and John Stevens Jr. and one moiety of two sevenths of the personal estate therein described, and so much thereof and so much thereof as requires my daughter Narcissa E. Dillard to take care of and manage for my son John Turner, and in lieu thereof and in lieu thereof I give the said Tract of Land & the one seventh of the personal estate therein named to the Trustees in said clause mentioned, to be held and managed by them for the sole use and benefit of my son John Turner, as long as he may live, and at his death then the said Tract of Land and the one seventh of my personal estate so given to them (with any balance of profits arising therefrom (should there be any) I give and bequeath to the children of my said daughter Narcissa E. Dillard or to such person or persons as my said daughter shall think proper to give it either by Deed or by her last will and testament. I also give the said Trustees the other one seventh of my personal estate in said clause mentioned for the purposes in said clause ex_ped and subject to the limitations therein directed. The two sevenths of my personal estate therein mentioned I mean to include two sevenths of the slaves left my wife during her life. I give and confirm to each of my children all the property money and other effects heretofore given to them or either of them and do not require of them to account for the same. But they are in no case to prefer any claim against my estate for any debt or pretended debt which I may owe them or either of them and in case any such debt shall be set up and claimed, then I charge as much of my estate given to such child or children as will be sufficient to merit such claim or claims... And lastly, I appoint my son Stephen Turner Trustee & Executor of my said will in the room and place of my Grand-son James S. Dillard whom I hereby release from the burthen thereof. In Testimony of all which I have hereunto set my name and affix my seal the 11th day of May 1840. Terisha Turner (seal) Witness Spotswood Garland AG Loving At a Court held for Nelson County the 22nd day of March, 1841-- The last will and testament of Terisha Turner deceased was proven by the oaths of Spotswood Garland and Albert G. Loving subscribing witnesses thereto and the codicil thereto annexed was proved by the same subscribing witnesses, and thereupon the said will and codicil are ordered to be recorded. And on the motion of Lemuel Turner, one of the Executors named in said will, who made oath and together with Robert Rivers his security entered into and acknowledged a bond in the penalty of eighty thousand Dollars, considered according to law certificate as granted him for obtaining probate of said will in due form. Teste Sp. Garland Clk Turner Exers Bond Terisha Know all men by these presents that We Lemuel Turner and Robert Rives are held and firmly bound unto Seaton H. Loving, Robert H. Anderson, Floyd L. Whitehead, and James S. Penn, Gentlemen Justices of the court of Nelson county now sitting in the just and full sum of Eighty Thousand Dollars for the payment of which will and truly to be made to the said Justices and to their successors in office, as Justices aforesaid, we find ourselves, our heirs, executors and administrators jointly and severally, firmly by these presents. Sealed with our seals and dates this 22nd day of March 1841. The condition of this obligation is such that if the said Lemuel Turner, one of the Executors of Terisha Turner deceased do make a true and perfect Inventory of all and singular the goods chattels and credits of the said deceased which have or shall come to the hands possessions or knowledge of him the said Lemuel Turner, or to the hands or possession of any other person or persons for him, and the same so made do exhibit to the County Court of Nelson County at such time as he shall be thereto required by said Court and the same goods chattels and credits do well and truly administer according to law and made a just and true account of his actings and doings therein, where thereto required by the said Court and further do well and truly pay and deliver all the legacies contained and specified in the said will as far as the said goods chattels and credits will extend, according to the value thereof and as the law shall charge him, then this obligation to be void else to remain in full force. Leml Turner (LS) Ro. Rives (LS) At a Court held for Nelson County the 25th day of March 1841. This Executor's Bond was executed and acknowledged in open Court by the parties thereto, and the same is ordered to be recorded. Teste. Sp. Garland, ck