Southampton County Virginia USGenWeb Archives Wills.....Barnes, Jacob, 1857 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Jacob BARNES (1790-1857), will dated 16 Dec 1856; codicil, 1 Feb 1857; recorded 6 Mar 1857 I, Jacob Barnes, of the County of Southampton, in the state of Virginia, do hereby make my last will and testament in manner and form following, that is to say: 1st I will that my body be entered within the wall inclosing my former wife's dead remains and to be done in like manner of that of hers or as nearly so as may be, and at a convenient time this within two years next after my death take from said wall the gate now attached thereto for entrance into said wall and in place thereof erect a like wall of brick strongly attached to the said wall now standing around and about my said wife's grave which wall and every part thereof said wall the earth inclosed thereby the earth on which it stands together with the space of ten feet next adjoining said wall extending all round on the outside of the said wall which wall the ten feet space all round outside the same as aforesaid I give equally to all the good people residing in the state of Virginia, except all those persons who have had discord with me within the year 1856, and further those who may become witnesses to this my will to all those excepted persons as aforesaid to neither of them do I give any part or share in or to said wall &c. as aforesaid. 2ndly. I will that my Executors herein hereafter named, do as soon as convenient and lawfull after my death, have my estate appraised precisely as the law of Virginia requires, after which sell at auction all my chattel Estate except such part there of, as I may hereby otherwise dispose and the money raised thereby pay all just claims against me or against my estate and further pay all claims incurred by my interment, and the ballance of said sale moneys together with all collectable dues to me by whatever fair and honest means, pay and discharge all legacies by this my will pointed out, first receiving to themselves legal Commissions as well allso full compensation for extra personal troubles incurred in and by the full execution of this my will. 3rdly. I give and bequeath to James Hunt who has served a reg'lar apprenticeship with me my lands lying on the north west side of the railroad bounded by the lands of the following named persons, to wit: the lands formally [error underlined] Henry Kindred's, William Worrell's, William Stephenson's, James Worrell's, Linnea Beal alias Jethro Beal and the owners of the railroad, suposed to contain about one hundred and thirty acres of land, to him the said James Hunt and to his heirs and assigns forever. I further give to the said James Hunt, the ammount [error underlined] of two hundred dollars in cash or good Bonds, to him the said James Hunt and to his Heirs and assigns forever but nevertheless if said Hunt shall die leaving no lawfull begotten heir of his own body in that event the lands and bonds last aforenamed be equally divided between Elizabeth Brown wife to Henry Brown, Sally Boon, who is now serving apprenticeship with me and Thomas Hunt brother to said James Hunt to be equally divided between the three last abovenamed persons and to each of their heirs and assigns forever. 4thly. I give & bequeath to Elizabeth Brown, the wife of Henry Brown who has served a regular apprenticeship with me, to her I give my lands lying on the southeast side of the beforenamed rail road and amediatly [error underlined] adjoining said road, and further bounded by the lands of Westa Pope, the lands formally owned by John M. Neal, and the lands of Edward Beaton, and suposed [error underlined] to contain one Hundred acres of land. I further give and bequeath to her the said Elizabeth Brown all the personal or chattel property of mine which may or shall be found on the said lands before given to her at the time of my death of every kind whatsoever and I further give and bequeath to the said Elizabeth Brown a considerable part of the lands which I purchased of Jeptha Powell, say that part of said land lying on the west side of a certain rail fence hereby making said fence a line thereby attaching perhaps some four or five acres of land which I purchased of the legaties of Holaday Revel sence [error underlined] decd. which fence is erected and stands as I supose [error underlined] at least the most of it a little east of a south course from the chappel road so called to the lands formally [error underlined] owned by Thomas Newsum decd. along said Newsum's line of marked trees near a west course to Miles Worrell's land same course along sd. Worrell's line to the land formally [error underlined] owned by Jesse Worrell decd. then nearly a north west course it now being said Miles Worrell's line to the said Chappel road then nearly an east course along said road to the Beginning suposed to contain about one hundred acres of land. I further give and bequeath to the said Elizabeth Brown my Veicle [error underlined] or Jersey Waggon together with the best set of suitable Harness to said Waggon, allso [error underlined] the Bay mair [error underlined] & all increase raised from or by said mair, and I further give and bequeath to said Elizabeth Brown cash or good Bonds to the ammount [error underlined] of Two hundred dollars this sum as well as all the above and foregoing gifts to her the said Elizabeth Brown and to her heirs and assigns forever. 5thly. I give and bequeath to George Hunt who has allso [error underlined] served me as an apprentice three hundred dollars in good Bonds or money to him said Hunt & to his heirs forever. 6thly. I give and bequeath to Thomas Hunt who has served me as an apprentice the lands which I purchased of Dorothy Drake, William Drake and wife, James Drake and wife, Samuel Barnes and wife, it being the land whereon James Griffin now lives say septr. 1st 1856, Suposed [error underlined] to contain about one hundred and fifty acres Bounded by the lands of James Barding say the run of the Cypress Swamp, then up. said Swamp to Matilda Bryant's land along said Swamp to John R. Rochelle's land, then leaving said Swamp nearly a south corse [error underlined] along said Rochelle's line of marked trees of Various courses or directions to William Drake's land then said Drake's line of marked trees to Susan Glover's land, then said Glover's line of marked trees to the land on which Caleb Story now lives say Septr. 1st 1856, then nearly an east course a line of marked trees to the run of the before naimed [error underlined] Cypress Swamp as well, allso [error underlined] a line for James Barding, which lands and appurtenances thereto belonging I as afouresaid [error underlined] give to the afouresaid [error underlined] Thomas Hunt, to him and to his heirs and assigns forever. I further give and bequeath to the said Thomas Hunt the lot of land whereon Jonathan T. Griffin now lives say Septr. 1st 1856, begining [error underlined] at the fork of Boon's Road so called and Fish Road so called, thence along Boon's road a southwest course or nearly so to Norflet B. Cutler's land then near a south course mostly a line of marked trees to said fish road, thence along said road so fair [error underlined] as to become parallel with a line of marked trees to designate the boundary of a certain acre of land deeded By myself to trustees of the Episcopal Church called Methodist who do or aught to know the other boundareys of said acre of land on which acre their meeting house stands from the corner the center of said fish road parallel as above named a corner for the heirs of Josiah Worrell then nearly an east course along said heirs line so fair [error underlined] and no farther than a straight course clearly on the east side of a now standing fence thereby in part inclosing the house and small lot of land in and on which Patsey Sandeford now lives, say 1st Sept 1856, further said lot is inclosed by fence clearly on the north end of said lot fence, then nearly a west course from the north east corner of said lot to the center of said fish road North end of said road to the fork formed by Boon's road as first of the boundaries of this lot or parcel of land last above named to him the said Thomas Hunt and to his heirs and assigns forever. I further give & bequeath to said Thomas Hunt a set of Black smith's tools or as nearly so as can well be picked out of all my Smith tools and I further give & Bequeath to said Thomas Hunt One hundred dollars in cash or good Bonds to him the said Thomas Hunt to him and his heirs and assigns forever. X I give and bequeath to Sally F. Boon who now lives with me doing the duty of an apprentice as she is to me all my lands which formally [error underlined] belonged to my Brother Benjamin Barnes. further I give to said Sally F. Boone a portion of land adjoining the lands of which Brother Benjamin died seized & possessed, which I purchased of Commissioners the above portion of land next above I purchased of William Drake & perhaps his wife is by survey said to contain about sixteen or seventeen acres or about that of land, I further give and bequeath to said Boon a certain portion of the lands given me by my Father which I supose [error underlined] contains four or five acres of land bounded as follows, to wit; begining [error underlined] at a black or sweet gum standing in a branch the run of which divides said Drake's land and my own and runs between sd. Drake's residence and my own from said gum a line of choped trees to a lightwood post set up and choped allso [error underlined] passing said post, choped trees, turning a little more eastardly [error underlined] to a live oak standing in & near the run of said Branch then down said Branch to Jonathan Darden's alias Lewis Worrell's heirs line which crosses said Branch. I further give and bequeath to said Sally F. Boon sixteen feet in Bredth from said choped post nearly a west course along the present passway from the house in which Brother Benjamin Barnes formally [error underlined] lived into my present dwelling house or the first rail fence crossing said passway then nearly a north course passing said sixteen feet from the east end of a flitch building with a brick chimney near the middle of said house which house now forms part the enclosure of my back yard so called turn & continue near a west course on the north side of the paling erected north of my present dwelling house to a certain gate now in use as passway from said gate turning nearly north course along the present passway to another gate now in use at or about the end of a certain dam then the present passway nearly a north course to the road called Cypress road leading to the cypress Bridge over Notoway [error underlined] river all the distance from the beginning of this passway to said road to be full sixteen feet wide which passway I will shall be to the exclusive youse[sic] of the said Sally F. Boon and such as may have business with her said Boon or such as may live at the plantation formally belonged to Benjamin Barnes; I further give and bequeath to the said Sally F. Boon one feather bed and furniture as good a Bed as I have one walnut dressing Table & toilet allso [error underlined] one good Trunk. Furthermore I give and bequeath to said Sally F. Boon five hundred dollars in money the said money to be put to intres [error underlined] the principal as well as the interest which shall thereafter accrue be by my Executors made amply secure and to remain at interest during the life of the said Sally F. Boon and that my Executors once in six or twelve months after said money is put to interest collect the accrued interest & take first therefrom pay for all personal troubles incurred in the management & thereof after which pay over to the said Sally F. Boon the remainder of said Interest the collection and disposal of Interest to be done each & every year during the life of said Sally F. Boon nevertheless of the said Sally F. Boon shall die leaving no increase of her own body in that case my will and desire is that all the beforenamed as well as the abovenamed property given to Sally F. Boon be equally divided between James Hunt, Eliza Brown, George Hunt and Thomas Hunt to them and to their heirs and assigns forever. Nevertheless in consequence said Sally F. Boon shall die leaving a child or childring [error underlined] of her own body in that case I give and bequeath to said child or childring [error underlined] equally all the property herein and hereby given to said Sally F. Boon to him, her or them equally and to their heirs and assigns forever. 7thly. I give and bequeath to Benjamin Hicks the infant son of Charlotte Hicks the lands of mine lying on the fish road so called which land I purchased of William Drake & perhaps his wife containg [error underlined] by late survey about Eighty acres of land to him the said Benjamin Hicks and to his heirs and assigns forever tho' nevertheless in case said Hicks should die leaving no lawfull [error underlined] begotten child of his body I will that the said land be sold & the money raised by such sale be equally divided between the next following named persons to wit: James Hunt, Eliza Brown, wife of Henry Brown, George Hunt, Thomas Hunt, Sally F. Boon and Evaline F. Artis daughter of Marsilla Artis to them the last abovenamed persons and to their heirs and assigns forever. I further give and bequeath to the said Eveline F. Artis one hundred dollars the same put into interest by my Executors & that they my Executors collect the interest annually out of which take a satisfactory sum as pay for personal troubles the Ballance [error underlined] pay over to said Eveline F. Artis said interest to her & to her heirs forever, this said one Hundred dollars to be kept at interest during the life of the said Eveline F. Artis and at her death I give same to the heirs of her body if any & if no heir of her body I give the same to Sally F. Boon & to her heirs forever. 8thly. I give and bequeath to Masura Johnson the infant daughter of Annmariah Johnson a like sum of one hundred dollars the same in every respect under the same regulations of that given above to Evaline F. Artis, the accruing interest, to her and to her heirs forever. _ 9th. I give and bequeath to Everett Griffin son of James Griffin the tract of land lying in the forks of the roads called fish road & cypress road on which lands Polly Jackson and Polly Simmons & their families now live say Septr. 1st 1856, containing about fifty five acres of land to him the said Everett Griffin and to his heirs and assigns forever. 10th I give and bequeath to my nephew James Barnes of Hertford County N.C. my all lands which my father gave to me except such part thereof as I have herein and by this my will before disposed of allso [error underlined] Two other small parcels of land lying adjoining the lands whareon [error underlined] I now live, one parcel I purchased many years since of Brother Thomas Barnes suposed [error underlined] to contain about thirteen acres of land the other lot or parcel layes vacant lands which I obtained patton [error underlined] & right for say abought [error underlined] four acres of land all together suposed [error underlined] to contain about one hundred and twenty acres of land, I further give to my said Nephew James Barnes my newest Desk allso bookcase and Books, two brandy stills, with the appertenances, one Iron Kittle, one apple mill, Two cider presses and their appertenances, a parcel of trofts [error underlined] fifty his choice cider casks to him my said nephew and to his heirs and assigns forever. 11thly. I give and bequeath jointly and equally to Doctor Cuth D. Barham, his wife, Jain & to her sister Margaret Dudley for and during each their natural lives the Revel tract of land, the whole of which lands I now have inclosed by a rail fence say Ocr. 1856, nevertheless I hear [error underlined] provide that the timbers standing on the lands shall not be taken of the said land but go to improve, keep in good repair such part of said plantation as may be deemed worthy of cultivation and but little if any of the now woodland cleared of its natural groth [error underlined] and at and after the death of the longest liver of the three persons to whom I thus devise give a life estate in and to, my will is that the premises thus disposed of for a time to come, at the end of the longest liver that his or hir [error underlined] representative as Ex'or or Adm'or. annally give lease said land making simalar provisions for its improvement as I have done up to the time may role on to fifty years next after my death and then sell said land and the monies raise ofrom[sic] and by such sale I give and bequeath one half thereof to Evaline F. Artis daughter of Marsilla Artis, the other half of said money I give and bequeath to Masura Johnson the infant daughter of Annmariah Johnson to them and each of them said Artis & Johnson and to their heirs and assigns forever. But Nevertheless, if either said Artis or said Johnson shall die without issue of their Bodys, I will give said legacy thus thus[dupe] bequeathed in such event be equally divided between James Hunt, Elizabeth Brown wife to Henry Brown, George Hunt, Thomas Hunt and Sally F. Boon to them the last abovenamed five persons and to each of their Heirs and assigns forever. 12thly. I give and bequeath to Elizabeth Everitt three hundred dollars in cash or good bonds to her the said Elizabeth Everett and to her heirs and assignes [error underlined] forever. 13thly. I give and bequeath to Sally Everett wife to Thomas Everett all the right and title which I have in and to the tract of land whereon the said Thomas Everett now lives for and during the life of her the said Sally Everett and at her death I give the said tract of land to the childring [error underlined] of the said Sally Everett the same to be equally divided amongst all of hir [error underlined] said childring [error underlined] to them and each of them, their heirs and each of them forever. 14thly. I give and bequeath to William Drake the sum of three Hundred dollars in cash or good bonds to him and to his heirs and assigns forever. 15thly. I give and bequeath to James Drake the sum of Two Hundred dollars in cash or good Bonds to him the said James Drake, for and during his own natural live & at his death I give the same to Thomas Drake his son I further give to the said Thomas Drake the further sum of one hundred dollars in cash or good bonds both of which amts. to as nex [error underlined] abovenamed to him the said Thomas Drake and to his heirs and assigns forever. 16thly. I give and bequeath to Martha Revel daughter of Benjamin Revel all the right, title, interest and Estate which I have in and to the portion of land bequeathed by Holady Revel decd. to his son Benjamin Revel for his own natural life only & at his death to the childring [error underlined] of the said Benjamin Revell then to be equally divided between the childring of the said Benjamin Revel to her the said Martha Revel and to hir heirs and assigns forever. 17thly. I give and bequeath to Elizabeth Newton the former wife or William Newton decd. of the state of Indiana & if she Eliza be dead then & in that case to the living childring of her the said Elizabeth alias Eliza Newton two hundred dollars in money or good bonds to be equally divided between all of them and to their heirs forever. 18thly. I give and bequeath to Jacob D. Barnes son of Brother Benjamin Barnes who lives in the state of Ioa [error underlined] the sum of three hundred dollars in cash or good Bonds to him the said Jacob D. Barnes and to his heirs and assignes forever. 19thly. I give and bequeath to the childring [error underlined] of Thomas Everett Two hundred dollars in cash or good Bonds equally to be divided between said childring [error underlined], to them and to their heirs and assigns forever. 20th. I will and bequeath that my woman Julia allso [error underlined] my woman Tabitha and my woman Jinney and the infant daughter of said Jinney named Jain all four of said negro slaves go free of further slavish servitude from the first day of January which comith [error underlined] next after my death let that event happen when it may and I further will that each of said women have the disposal of each their little property in each their cases at least do with it as the best like and further I will that my my[dupe] Executors hereafter named aid each negro above to be liberated as afoure [error underlined] said in procureing the necessary papers to justify their travel to some free state so called and shortly next after they obtain such papers pay in out of my estate to woman Julia twenty dollars allso [error underlined] to Tabitha alike sum of twenty dollars and to Jinney the sum of thirty dollars for herself and infant Jain to enable them to reach some state of Freedom: I will that my Executors hereafter named hire out the balance of my slaves one year at a time to persons who may be supposed to treat them well so long as to raise money sufficient to pay off the legacies &c. in this will beforenamed to wit Becca, Henry & Ephraim. I will that the last named slaves be set free and sent away to some free state about the first of January after the abovemention debts, legacies, &c. are satisfied next after my death. I also will that my executors pay to my woman Becca ten dollars, to Henry and Ephraim the same amount each. I request my nephew James Barnes of Hertford County State of North Carolina an Cuthbert D. Barham of Southampton County, State of Virginia, to be the executors of this my last will and testament, and I hereby nominate and appoint them for that purpose. In evidence of this being my last Will and testament I hereunto set my hand and affix my seal this Sixteenth day of December one thousand eight hundred and fifty six. Jacob Barnes (seal) Signed, sealed & delivered by Jacob Barnes as and } for his last will and testament in the presents [error } underlined] and hearing of us who at his request and in} his presence have subscribed our names as witnesses } A. Williams Bennet Barrett Francis Worrell I, Jacob Barnes in the foregoing as annexed last Will & testament having further considered same, do think proper to make & publish the following codicil or addition thereto, to wit: At the time I made my foregoing will I omited to make an estimate of my estate and hence this my codicil, namely, I give and bequeath to my nephew Jacob Barnes of Hertford County North Carolina his entire indebtedness to me at the day of my death including notes, Bonds & all Book & open accounts and further I give and bequeath to my Nephew Jacob D. Barnes of the state of Iowa the sum of three Hundred Dollars in money or good Bonds to him and his heirs and assigns forever. And to Mrs. Dr. Jane Barham my very kind & attentive friend and relative I give and bequeath the further sum of Fifty Dollars in money to her and to heirs and assigns forever. In the 20th Section of my will I gave freedom to all my slaves except one & that one is my man Richard and to him I also give freedom and in addition to his freedom I give & bequeath to him the sum of twenty five Dollars in money & to him and his heirs forever. But in his case as will as the rest of my slaves he is not to go free untill the first day of January next after my death. In addition to the ten Dollars given to each of my slaves Ephraim, Henry, & Becca I further give & bequeath to each one of them the sum of Forty Dollars in money and to them and to their heirs and assighns [error underlined] forever. And in addition to the sum of twenty Dollars given to my woman Tabitha I give and bequeath to her the further sum of Forty Dollars in money to her and to her heirs and assigns forever and in addition to the sum of twenty Dollars given to my woman Julia I give & bequeath to her the further sum of Eighty Dollars in money to her & to her heirs & assigns forever. And to my woman Jenny & her infant daughter Jane I give & bequeath the further sum of Forty five Dollars in money to them & to their heirs and assigns forever. I made provision in the 20th Section of my will for a part of my slaves to be hired and which provision and every part of it I hereby revoke. As it relates to the Land given to Sallie F. Boon in the 6th Section of my will I perhaps was not as explicit as I might have been, therefour [error underlined] I will if possible make that part of my will more plain & explicit by saying that if the said Sallie F. Boon dies leaving no isshue [error underlined] of her own body then & in that case I give & bequeath that land & every part of it to be equally divided between James Hunt, Elizabeth Brown, the wife of Henry, George Hunt & Thomas Hunt to them & to their heirs & assigns forever. And lastly I give & bequeath the residue of my estate to be equally divided between the following named persons to wit; James Barnes my nephew, Wm. & Samuel Barnes and their sister Elizabeth Lane, the Children of Josiah Barnes, Narcissa, Emiline, Jonathan, & Lemuel Griffin, the children of James Griffin by his first marriage Elizabeth alias Eliza Newton, All the children of Thomas & Sallie Everett whoes maden [errors underlined] name was Barnes, All the children of Burwell & Elizabeth M. Everett whoes maden [errors underlined] name was Barnes the children of John E. Barnes of Iowa & the son of my Brother Benjamin Barnes. As in my will so in this codicil I request my Nephew James Barnes of Hertford County North Carolina, and Cuthbert D. Barham of Southampton County state of Virginia to be the executors of this my Codicil to my last will and testament and I hereby nominate & appoint them for that purpose. And in evidence of this being a Codicil to my last will & testament I hereunto set my hand & affix my seal this first day of February One Thousand Eight hundred & fifty seven. Jacob Barnes (seal) Signed, sealed and delivered by Jacob Barnes as and } for his Codicil to his last will & testament in the presence} & hearing of us who at his request & in his presence } have subscribed our names as witnesses } Bennet Barrett William T. Britt Lemuel (hismark) Daughtrey At a Court held for the County of Southampton, the 16th day of March 1857. This last Will and testament of Jacob Barnes decd. was proved by the oaths of A. Williams & Bennet Barrett two of the subscribing witnesses thereto, and the Codicil thereto was proved by the oaths of Bennet Barrett, Wm. T. Britt & Lemuel Daughtrey, the subscribing witnesses thereto and were hereupon ordered to be recorded. And Cuthbert D. Barham one of the executors therein named having refused to take upon himself the burthen of the execution thereof, On the motion of James Barnes the other executor therein named who made oath and together with C. D. Barham & Henry Cook his securities (intered into and acknowledged a bond in the penalty of thirty thousand Dollars conditioned according to Law, Certificate is granted the said James Barnes for obtaining a probat of the said will in due form. Teste L.R. Edwards, C.C. Southampton Co., VA, Will Book 15, 1852-1857, pp. 667-72 The Library of Virginia (LVA), Richmond, VA LVA, Southampton Co. Microfilm Reel 22 images online at The Brantley Family Association Southampton Project: http://www.brantleyassociation.com/southampton_project/southampton_project_list.htm [Transcribed by Dale Whitfield (whitfieldroots@aol.com), and re-formatted by File Manager.] [ARTIS, BARDEN, BARDING, BARHAM, BARNES, BARRETT, BEAL, BEALE, BEATON, BOON, BOONE, BRITT, BROWN, BRYANT, COOK, CUTLER, DARDEN, DAUGHTREY, DAUGHTRY, DRAKE, DUDLEY, EVERETT, EVERITT, GLOVER, GRIFFIN, HICKS, HUNT, JACKSON, JOHNSON, KINDRED, LANE, NEAL, NEALE, NEWSOM, NEWSUM, NEWTON, POPE, POWELL, REVEL, REVELL, ROCHELLE, SANDEFORD, SIMMONS, STEPHENSON, STORY, WILLIAMS, WORRELL]