Will of John Gilliam, 1850 - Powhatan Co. VA Dated 7 September 1850 Powhatan County, Virginia Will Book 14, Page 131. In the Name of God, Amen! I, John Gilliam of the County of Powhatan, of State of Virginia as hereby constitute and ordain this instrument my last will and Testament revoking all others which I may have heretofore made and written. I as hereby direct, and it is my will and desire that my Executor herein after named shall first proceed to pay all my just debts and for that purpose, provision be made either keeping the estate together for a term of a year and in the mean time borrowing money on the credit of the Estate in order to meet the payment of the whole or such portion of the debt that cannot be postponed or selling such portion of the perishable property as may seem most advisable having our eyes to the interest of all concerned and at the same time affording support to my dearly beloved wife and such of my daughters as may be unmarried at the time of my demise. And that whatever may then remain of my estate both real and personal I leave unto my dearly beloved wife during her lifetime, at the same time giving to each of my daughters as may be unmarried a comfortable and liberal support. And after the demise of my said wife it is my will and desire that the tract of land on which I now live, called Maidens Adventure, and my other land which I may hereafter purchase as appurtenant thereto shall be sold by my executor. And at the same time, all my household furniture with any other pieces of perishable property that may be remaining at the demise of my said wife, should she survive me and the proceeds divided amongst my children as herein after directed, that all the parties interested shall be consulted by any Executor. He shall proceed to sell the land and other property as to the time of credit to be given and the price to be set upon it, to sell it either privately or publicly as may be deemed best for the interest of all concerned. I will and bequeath to my son Richard J. Gilliam in trust during his natural life the tract of land on which he now lives comprising those several tracts which I purchased at different times. One of the estate of Wm. Pleasants sold under a decree of the Court of Powhatan County, and one of Dr. Saml Pleasants and one other of Frances J. Smith reference to the records of the Clerk's Office of the County Court of Powhatan will fully explain-To hold and enjoy the profits arising from the same. But at all times subject to the control of the Trustee herein named and in the event of the said Richard J. Gilliam departing this life before his wife, that, then, and in that case, she shall enjoy a life estate in the said tract of land subject in the like manner to the control of the trustee and out of the proceeds or profits arising there from as far as they will enable her to support and educate the children which the said Richard J. Gilliam may have living at his demise. And at the death of the said Richard J. Gilliam and his wife, that the said tract of lands shall be sold and the money equally divided amongst the children of the said Richard J. Gilliam. I do hereby with the trustee herein after named with full power and authority provided the said Richard J. Gilliam at any time may desire it to sell the said tract of land and reinvest the money in other land located either in this state or any other state in the United States wherever the said Richard J. Gilliam may prefer. And after his death should that event happen previously to that of his wife in that case where she may direct retaining to herself all the benefit herein given her and I as hereby bequeath further to the said Richard J. Gilliam and his heirs forever the several Negroes which he now has in possession and which he derived from me several years ago. And I do hereby further bequeath to him the said Richard J. Gilliam in Trust at the demise of myself and wife, my Mulatto man, Albert, and his wife, Ann, a Mulatto woman, with her present and future increase together with my Carpenter and Blacksmith tools to be subject to the management and control of the Trustee should he, the trustee, deem it necessary. I have heretofore conveyed in Trust to Francis H. James and his wife, Elizabeth who is my daughter a number of Negroes, the precise number or character I do not now recollect, but reference to the clerk's office of the County of Powhatan will fully show and at various times given and paid for by him, money to a large amount, all of which, I consider, fully equal to what would be the equal share of my said daughter, Elizabeth, on a division of my Negroes, hence I make no provision for her in this my last will and Testament in this respect. I consider what I have heretofore given my son, Richard J. Gilliam, in the way of Negroes and the further provision in that respect herein made, to be fully equivalent to what would be his equal share of the division of my Negroes. At the demise of myself and wife, I as hereby will and direct that the money arising from the sale of my land and other sources herein before referred to, shall be divided amongst my children in the following manner, to wit. I consider my daughter, Elizabeth James, to be the most needy of any of my children, and having a large family of children to support and educate; I have concluded to give to her one thousand dollars as a specific legacy, in trust to be paid over by my Trustee and to be of him appropriated as herein after directed and then whatever amount of money may remain in the hand of my Executor after paying all my debts and the expenses attending to settlement of the affairs of my estate shall be equally divided amongst my seven children: that is, to say, my son, Richard J. Gilliam, Mary L. Pemberton, Martha C. Overton, Elizabeth James, Sarah A. Lawson, Susan E. Gilliam and Lucy Ann Gilliam. The amount of money which may accrue to my daughter Elizabeth James in the division together with the above specific legacy of one thousand dollars, is hereby given to her in Trust and to be invested in land and Negroes or in land alone or any part of it in either as may seem most desirable to the interest of her family and the fee simple title to which to be forever accrued to herself and children. The amount of money which may accrue to my son Richard J. Gilliam in the above directed division is hereby given to him in Trust to be invested in land and Negroes or put into at interest by the Trustee as may seem best to comport with the interest of himself and family and finally it is my will and desire that the amount shall be placed or stand in the same category in relation to himself, wife and children, as I have willed and directed in regard to the land above bequeathed to him. At the demise of myself and wife I do hereby will and direct that the Negroes which may then be remaining and bona fide belonging to my estate except what is herein devised in Trust to my son, Richard, shall be equally divided amongst my five daughters to wit, Mary L. Pemberton, Martha C. Overton, Sarah A. Lawson, Susan E. Gilliam, and Lucy Ann Gilliam to them and their heirs forever. It is my will and desire and I do hereby direct that in the division of my Negroes that my faithful old servant Eden and Laura (who has been and still is equally faithful) who is her daughter and Abby, the daughter of Laura, shall be permitted to choose to which of my daughters they shall be allotted, the two latter, Laura and Abby, to be taken at their valuation, the former, Eden, not to be valued, nor anything to be allowed for her. Lastly, I do hereby constitute and appoint William Overton my son-in-law my sole Executor and trustee to carry into affect the provisions contained in the foregoing my last will and testament in settling up and fully arranging all the affairs of my estate according to the provision of the foregoing will and for his services in place of the usual or legal commission I do hereby direct that he be allowed the sum of one thousand dollars to be paid out of the aggregated sum previously to division. In Testimony of all the provisions and stipulations contained in the foregoing my last will and testament I hereunto subscribe my name and affix my seal this 7th day of September 1850. John Gilliam Submitted by GreGilliam@aol.com **************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. 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