Nottoway County, Virginia, Wills: Francis W. Epes, 1877 Contributed for use in USGenWeb Archives by: Tosca ==================================================================== Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm ==================================================================== 1877 WILL Francis W Epes Nottoway WB 1 pp 374-376 In the name of God Amen, I, Francis W. Epes of the County of Nottoway and State of Virginia, do make and declare this writing to be my last will and testament, hereby revoking all wills by me heretofore made. Viz: I give to my Grandson, Francis W. Epes (son of my daughter Fannie W. Epes) when he shall arrive at the age of twenty one years or marry, the plantation upon which I now reside called "Cedar Grove' containing about seven hundred acres, except that portion of same hereinafter lent to John Henry Epes Col'd; but if my daughter Fannie W. and her husband, John Segar Epes, shall think proper to remove upon and occupy the said land (given to their son Francis W. Epes)) at my death or at any time thereafter before their said son Francis W. Epes shall marry or arrive at the age of twenty one years they are hereby authorized to do so free of rent or charge therefor till their said son Francis W. Epes shall arrive at the age of twenty one years or marry--Should they not find it to their interest to live at "Cedar Grove" my desire is that my executor hereinafter named will keep the place up as best he can for the benefit of my said Grandson Francis W. Epes and the profits arising from said farm to ensure to the benefit of my said Grandson. If it can be reasonably avoided I do not wish the said land rented out. I also give to my said Grandson Francis W. Epes my double barrel shot gun and my silver head walking cane, each of which has my name on them. In the event my Grandson Francis W. Epes shall die before he shall have married or arrived at the age of twenty one years, the property herein bequeathed to him I give to my daughter Fannie W. Epes to her and her heirs forever. I give to my daughter Fannie W. Epes my Life Insurance Policy in the Arlington Company for $10,000.00, one half of the corn at "Cedar Grove" and at Cox's all the stock of every other kind, wagons, carts, carriages, plantation toools, and utensils, fouls, crops of all kinds, whether growing or stored/saved? which at my death may be upon my plantation called "Cedar Grove" the Bed stead & furniture which Stands by the side of the fire place in my chamber, the bed stead & mattress & furniture in the room over my chamber which she uses when here, two woolen Counterpanes and all the balance of my household and Kitchen furniture not hereinafter disposed of, my family bibles, half of balance of my books, half of the third of Cox's plantation purchased by me of my son Emmet Epes to my interest in said land be it what it may and crops of all kinds whether growing or stored/saved? on my plantation called Cox's, at my death. I give to my son Thomas Epes, one half of my interest in Cox's plantation, be it what it may which I purchased of my son Emmet Epes, my castine? spoon and other silverware at my house, my best folding table in my dining room, my liquor case and contents, pair mirrors on the mantle in my chamber, a large clothes closet in the passage up stairs, half the beds, steads, mattresses and bed furniture in my house, not hereinbefore disposed of differently, half the stock, all planta- tion tools & utensils, wagons & etc on the plamtation called Cox's, half my books, save the bibles given to Fannie. I also give to my said son Norman Epes, my "Gold head walking cane" presented to me by the members of the County Court, the Bar and offices of said Court over which I had the honor to preside for many years; and I do entreat him to keep and value it as I have done and always so to demean himself as to be worthy of the gift. I also give to my said son Norman Epes half of the corn at "Cedar Grove"-- I give to my Grandson Emmet Epes, son of Emmet Epes, my plantation called Thomas's containing about two hundred and twenty five acres, but if he shall die before he arrives at the age of twenty one years or marries, I then give it to the children of my son Emmet Epes who may at the time be living, to be equally divided between them. ** I give to the children of my deceased son Emmet Epes whatever I may be entitled to by virtue of a deed from W. W. Webb & wife to Norman Epes, trustee dated 19" December 1870 and re- corded in Clerk's Office of Lunenburg County Court-- said deed secures me against loss on account of my purchase of Emmet Epes, his interest in the plantation called Cox's lying in the County of Nottoway and held by me for life, but should any of said children die before marrying or arriving at the age of twenty one years then the share of the deceased child shall descend to the survivors or survivor. If, after the payment of my debts, and without interfering with any prior bequest in this will, there shall be in my executors hands a surplus of money, my will is that he pay over to the legally qualified guardian of the children of my son Emmet Epes, Five hundred dollars or so much thereof, as may be in hand, which I give to them and their heirs forever. I give to my young friend and relative Harry S. Brenbey?. The Secretary & bookcase in my house. I wish my executor to deliver to Robert H. Brenbey?-- they are his. In consideration of the nursing and kind attention to me in sickness of Eliza, wife of my former slave Thornton, I give to her twenty five dollars in money and one milch cow-- said cow to be selected and delivered to her by my executor from among my cattle, before any division is made bewteen my son Norman and my daughter Fanny. And to be the property of Eliza free from the control or liability for debts of her present or any future husband. I give to be selected by my Exor. from my cattle before any division is had between my son Norman & my daughter Fannie, to Bettie Barbry (Col'd) one cow and direct that my Exor. also pay her fifteen dollars. I give to John Henry Epes Col'd the cow he now has in possession belonging to me; And I lend him for and during his life or so long as he may reside upon the same, that portion of the "Cedar Grove" tract of land now occupied by James Epes Col'd, the quantity not precisely known but bounded as the fence enclosing it, Now--said land is not to be liaable for the debts of Jno. Henry Epes, and when- soever & in any cause he ceases to be the occupant thereof the same shall revert back to the "Cedar Grove" tract and belong to my Grandson Francis W. Epes. I lend my eight day clock to my daughter Fannie W. Epes for her life and at her death give it to my Grandson Francis W. Epes. If I have failed to dispose of anything at Cedar Grove the same shall belong to my daughter Fannie W. Epes. All the rest of my estate I give to be equally divided between my son Norman & my daughter Fannie W. Epes. My son Norman has some furniture at my house, known to himself and his sister.-- My will is that my daughter Fannie W. Epes and my son Emmet(sic) Epes shall not account to my estate for any property or other thing given or furnished them in my lifetime, but that my son Norman shall account for all advancements made to him by me from the 1st Jan'y, 1875, to my death, and none other.-- I appoint my son-in-law John S. Epes Executor of this my last will and testament and as guardian for my Grandson Francis W. Epes and request that the Court before which he may qualify as Executor shall not require security of him. Witness my hand and seal the 26" day of July 1877. F. W. Epes Seal Signed Sealed acknowledged & published by F. W. Epes as and for his last will and testament in our presence, we in the presence of each other & of testator, interlineation between 2nd & 4th lines on 6th and between 6" & 7th lines on 10" page and erasures on 7th and 8th pages made before signed; also interlineation on 4th page between 10 & 11 lines. Attest: Rich'd Epes and S. W. Gray Codicil -- I F. W. Epes of the County of Nottoway and State of Virginia do make this Codicil to my will dated the 26" day of July 1877, and do hereby make it a part of my said will, ratifying and confirming all the provisions of my said will except so far as they may be inconsistent with this codicil--I give to my son Norman Epes ten sheep from my flocks, the balance I give to my daughter Fannie W. Epes.-- I give to my son-in-law John S. Epes my thrashing machine and appurtenances and I give to my little house servant Joe Barbry, Col'd my single shot gun now in the possession of John S. Epes -- Witness my hand and seal the 26th day of July 1877--- F. W. Epes Seal In Nottoway County Court September 6th 1877--- A paper purporting to be the last will and testament of Francis W. Epes, dec'd with a Codicil attached, was this day produced in Court and offered for proof, was fully proved by the oath of Richard Epes and S. W. Gray the two subscribing witnesses thereto, and ordered to be recorded as the true last will and testament of Francis W. Epes dec'd, with the Codicil thereto attached. And on motion of John S. Epes, the executor named in said will who entered into and acknowledged a bond conditioned according to law in the penalty of Eighteen thousand dollars, without security, the will requesting that none be required of him, and who took the oath of an Executor, a probate of said will is granted him in due form. Teste Richard Epes C.C. note of transcriber: ** refers to land to the west side of Rover's Rest, on south side of Rt 604, the Falls Road, now known as Stingy Lane Road, sold in 1890 to Bridgeforth. transcribed by tks February 2007 ******************************************************************************* Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm *******************************************************************************