RICHMOND, VA - WILLS AND ESTATES - Jacob Wheaton, 28 Feb 1804 --------------¤¤¤¤¤¤-------------- I, Jacob Wheaton, of the City of Richmond, do hereby make my last will and testament in manner and form following, that is to say: First, I desire that all the perishable part of any property not herein after specifyed and particularly bequeathed and given away, be sold at public auction for ready money within the three months next ensuing my chance, and out of the monies proceeding there from all my just debts and funeral expences to be paid, if practicable, or at farthest within twelve months. Secondly, after the payment of my debts and funeral expences, I give and bequeath to my beloved wife Polly Wheaton all and every article and articles of my household and kitchen furniture to her and her heirs, administrators, executors and assigns forever and also the service or hire of a negro woman named Fanny during the term of time of her, the said negro's service, given and bequeathed to me by the late Diana Murphey. Thirdly, I desire that within three months after my death, my dwelling house which I now occupy and lott together with all the outhouses and appurtenances thereto belonging be rented out and all my negro slaves to be hired out to the best advantage during the minority of my son Sevi Wheaton, the house, lott and its appurtenances to be rented yearly, the rent of which to be paid quarter yearly, the negro slaves to be hired yearly, the hire of them to be paid yearly, both the rent of the house and lott and the hire of the negroes and any and every other anuity arising from my estate to be paid to the person herein after mentioned as guardian and trustee of my estate by whom the said house and lott with its appurtenances and all the slaves shall be rented and hired out as soon as my hereinafter named Executors shall have closed and finished their Executorship and from the moneys arising and proceeding from the afforesaid rent here and every other annual proceeds of my estate in sufficient sum shall be applyed quarter yearly on a monthly, if so required, in waiting by my wife Polly Wheaton and paid to her by my herein after named guardian and trustee for the provision and support of my said wife Polly Wheaton, my daughter Kitty Wheaton and my aforesaid mentioned son Sevi Wheaton and for the education in a liberal manner of my daughter Kitty and son Sevi (could be Levi) Wheaton also for the boarding, lodging existing clothing and every other required experience of my aged father Amos Wheaton during his life and copexy? the expences of his funeral in a decent manner and should at any time during the minority of my son Sevi any money arising from my estate more than is requisite to duly pay and provide safe property as will afford an annual interest for the benefit of my said heirs as he may deem best and for and in consideration of the high esteem and respect which I bear and am impressed with in favour of my worthy friend James Harrison of Richmond. I hereby constitute and appoint him guardian and trustee to execute the guardianship and trust herein afore mentioned. Fourthly, All the rest of my estate both real and personal of what nature or kind soever it may be not herein before particularly disposed of between my said wife, daughter and son afore mentioned, I desire it may and shall be divided between my afforesaid named wife, daughter and son in like manner as the law of this state of Virginia provides for the distribution of the estates of those who die without leaving a Will or Testament. And lastly, I do hereby constitute and appoint my friends Jacob Harrison and William Cook Executors of this my Last Will and Testament hereby revoking all other or former Wills or Testaments by me heretofore made. IN WITNESS whereof I have hereunto set my hand and affixed my seal this twenty eighth day of February A.Domini one thousand eight hundred and four. Jacob Wheaton (seal) Signed, sealed, published and declared as and for the Last Will & Testament of the above named Jacob Wheaton in prsence of us: Peryamin Tate William Davidson Robert Paul At a Monthly Court of Hustings & Held for the City of Richmond at the Courthouse on Monday the 10th day of September 1804 This Will was presented in Court, proved by the oaths of William Davidson & Robert Paul, two of the witnesses thereto and ordered to be recorded, whereupon Jacob Harrison, one of the Executors named in the said Will appeared in court and refused to take upon himself the burden of the Executor thereof which ordered to be certified and on the motion of William Cook, the other Executor therein named who made oath thereto according to law, and together with Enich Blakey and John New his securities entered into and acknowledged their bond in the penalty of four thousand pounds conditioned as the law directs, Certificate is granted him for obtaining a Probat thereof in due form. Teste: Adam Craig, CC Examined. Source: Library of Virginia, Will Book 4, 1804-1806 Hustings Deeds Reel 3, pages 137-140 Note: Spelling errors were not corrected. Paragraphing and some punctuation were added by transcriber for ease in reading. There are no paragraphs in the original. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Von Mings Stachon vonstac@comcast.net ___________________________________________________________________