PITTSYLVANIA COUNTY, VA - WILLS - Eustace Hunt, 20 Oct 1845 ----¤¤¤¤---- From the Glenn Family Papers # 277, Southern Historical Collection, Wilson Library, University of North Carolina at Chapel Hill I, Eustace Hunt, of the county of Pittsylvania in the State of Virginia, desirous of devising and disposing of my real estate, as hereinafter directed, and being of sound mind and disposing memory, although in feeble health, do make and ordain this my last will and testament in manner and form following hereby revoking all former wills, that is to say 1. I will and devise to my two sons James A.G. Hunt and Nathaniel Hunt my tract of land lying in the county of Caswell North Carolina, containing about 1230 acres lying on the south side of Dan River and known as the McAden plantation. I wish the said land to be divided equally between them so as to give each a tract of equal value, the line to run form the river outwards. The upper tract to be allotted to my son James, and the lower tract to my son Nathaniel. My son James is to hold and enjoy the tract of land so allotted and devised to him during his natural life and no longer, and at his death the same is to be equally divided amongst the living children of my said son James, or born to him in the usual time hereafter, and the issue of such of his children as may be leaving issue then living, such issue or descendents of a deceased child or children taking amongst themselves only the share or shares such child or children would have taken if living at the death of my son James. 2. In like manner, my son Nathaniel is to hold and enjoy the tract of land so allotted and devised to him during his natural life and no longer, and at his death the same is to be equally divided between his living children or born to him in the usual time thereafter and the issue or descendents of such of his children as may be then dead leaving issue such issue taking amongst themselves only the share or shares such deceased child or children of my son Nathaniel would have taken if living at his decease. 3. Believing that my Lewis and Walker tract of land lying in the county of Caswell North Carolina on the north side of Dan River is the most valuable of my real estate , I will and desire that my dear wife Eliza1 shall take the whole of her dower in my real estate out of said tracts and of the lower or Lewis part thereof, according to a fair and just valuation of such, and of all my real estate to be held by her for life, and for her dower and in lieu of all claim in right thereof to any other portion of my real estate except as hereafter provided. 4. The residue of my Lewis and Walker tracts of land I desire may be divided between my sons Littleton T. Hunt and Eustace Hunt, and after my wife's death I direct that the whole of said Lewis and Walker tracts shall be divided between them equally, according to value, my design being that the said tracts shall be wholly theirs subject however to my wife's dower as aforesaid, and I will and desire that a division between them be made in such manner as to allot to my son Eustace the lower part of such lands and to my son Littleton the upper part. The part of my son Littleton so as aforesaid devised to him, to be held by him during his natural life and no longer, and after his death to be equally divided amongst the children of my said son Littleton living at his death or born to him in the usual time thereafter, and the issue or descendents of such children as may have died leaving issue living, such issue or descendents however taking only the share or shares their deceased parent would have taken if living at the death of his or her deceased father Littleton T. Hunt. 5. In like manner my son Eustace Hunt is to hold and enjoy the part so as aforesaid allotted and devised to him in the preceding clause of this will for and during his natural life and no longer, and after his death the same to be divided equally amongst his children living at his death or born to him in the usual time thereafter, and the issue or descendents living at his decease, such issue or descendents however taking along amongst them the share such deceased child of my said sons would have taken if alive at his death. 6. In the previous devises to my sons for life and afterward to their children, issue or descendents my intention and will is that after the termination of the life estates the devisees in remainder shall respectively take the parts willed to them in fee simple to them and their heirs forever. But should any of my sons die without children, issue or descendents living at the time of his death, then my will and desire is that the real estate willed to such child or issue shall go and remain to his surviving brothers for life equally to be divided amongst them and after the death of survivor the part or share so received and held for life to go and remain to the child or children or issue of such brother in the same manner and for the same interest therein as is hereinafter provided in relation to the shares ____ and primarily willed to my said sons, and should any of my sons die without leaving issue or descendents living at his decease and after the previous decease of any other of my sons who left issue living such issue or descendents shall be entitled to the same share of their deceased uncle's land in fee simple as they would have been allotted to under the previous clause of this will, if their parent had survived such deceased uncle. My intention being that the whole of the lands willed to my sons shall be secured to them respectively for life, and then to their issue in fee and that on the death of any son without issue then living it shall be secured in fee to the children or issue of the others of my sons, as is more particularly specified in the foregoing provisions. 7. The whole of my "house tract" or plantation, including my Cane Creek tract as a part thereof, I wish to be equally divided between my two daughters, Isabella W. Cunningham and Mary Allen Hunt. My daughter Isabella to have the lower or Cane Creek part, and my daughter Mary Allen Hunt to have the upper part including the family residence and improvements, but in any valuation of said land for the purpose of division between my said daughters I expressly direct that my daughter Mary shall not be charged with the value of the dwelling house, out houses and improvements attached thereto, but that the real value of the lands above shall be estimated and the parts so as aforesaid allotted to my said daughters, I will and devise to them respectively and to their and each of their respective heirs and assigns forever. But out of the share willed to my daughter Mary, my will and desire is that my dear wife shall have use and enjoy my mansion house and family residence, together with the outhouses, garden lots and other conveniences heretofore used therewith, for domestic purposes and not for cropping together with sufficient fire wood for her family and servants for and during the term of her natural life and after her death to revert to my daughter Mary. I further direct that my dear wife have the use of all my household and kitchen furniture tableware plate etc beds bedding etc and all other conveniences for house keeping now on the premises, also my family carriage and carriage horses. My desire being that she may still continue to live in our present dwelling in the enjoyment of every comfort and convenience which she has hitherto be accustomed and without any change in her mode of life. 8. I further direct and desire that my son Eustace and my daughter Mary shall continue to reside with their mother without being in any manner chargeable to her for board, my son Eustace until he arrives at the age of twenty one years if my wife should live so long, and my daughter Mary until her marriage. 9. At the death of my wife the household and kitchen furniture, plate, carriage, carriage horses willed to her for life, are to be equally divided amongst my children either by sale or otherwise so as to make a fair and equal division amongst them. 10. My Double Creek tract of land I desire to be sold by my Executors and the proceeds applied in discharge of any debts I may owe and the balance equally divided amongst all my children. In making such sale, I wish my executors to exercise a fair and judicious discretion as to the time and manner thereof so as procure if possible it's real value and not to sacrifice the same. 11. My Negro slaves, stock crop, on hand at my death money bonds accounts and every other kin of personal property whatsoever belonging to me. I wish to be distributed amongst my wife and children in the same manner and in the same shares and for the same interest therein, as if I had died intestate as to the same, without however taking into such division as advancements any of the previous bequests of devises of this my will. But my daughter Isabella W. Cunningham having been advanced with about twelve Negro slaves to her husband heretofore, that advancement of slaves is to be counted as so much of her share in such personally; and my wife's thirds of the slaves for life and her legal share of other personally is to be estimated and assigned her without counting in for that purpose such advancement to my daughter Isabella Cunningham, and also without counting in the value of my personally (?) what I have already willed to her for life in furniture plate etc, whether as a part of my estate or a part of her thirds. My intention and wish being that the mansion house furniture plate carriage etc as herein before devised to her for life shall be an extra provision for the comfort and support of my wife over and above the dower in the real estate and her thirds in the residue of m y personally (?) as herein before provided for her. 12. I wish my youngest son Eustace educated out of the proceeds of his estate in the manner and to the same extent that my other children have been educated and wish my wife to have the selection of the school or college at which he may be educated. 13. In the division of my Negro slaves as above directed I wish it to be so made that they remain on the plantations where they are now settled so far as it can be done consistly (sic) with an equal and fair division in the assignment of my wife's thirds and the shares of my children under the eleventh clause of this will. 14. I appoint my friend Robert Wilson and my dear wife Eliza Hunt Executor and Executrix of this my last will and testament and earnestly desire that they will take upon themselves the burden of executing the same, having full confidence that they will carry out my wishes truly and faithfully. In testimony of all which I have hereunto set my hand and seal this 21st day of May in the year of our lord One thousand eight hundred and forty five. E. Hunt (seal) Signed sealed published and delivered as and for his last will and testament by E. Hunt, in our presence, who witnessed the same at his request and in his presence. Lawson Earp, Rufus B. Walters and James M. Lindsey At a court held for the county of Pittsylvania the 20th day of October 1845, this Last Will and Testament of Eustace Hunt deceased was presented in court, proved by three subscribing witnesses and ordered to be recorded. Holy (?) Teste Wm. H. Tunstall 1 Glenn ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Kate Johnson kkkkaty55@yahoo.com ___________________________________________________________________