SOUTHAMPTON COUNTY, VA - WILLS AND ESTATES - Benjamin Beale, Jr., 16 Feb 1796 --------------¤¤¤¤¤¤-------------- I, Benjamin Beale junior of Southampton County, Virginia being weak of body but of sound mind & memory, knowing the uncertainty of this transitory life, do think proper to make this my last will & testament in manner & form following (to wit): I leave to my loving wife Elizabeth Beale the use profits & conosuments? of the plantation and lands whereon I now live, also my land known by the name of the Roger Neck tract together with all my personal estate of every kind (except 800 w? of bacon) for and during the term of her natural life or widowhood and this I leave her in lieu & satysfaction of any dower she may hereafter claim in my estate. And I request & do hereby authorize my friend Jordan Denson to sell the above 800 w. of bacon & the money arising from the sale thereof to pay the debt I owe to Jordan Denson Jr? & to Pritlow & Randolph, if sufficient and the overplus, if any, to my wife. I give, devise and bequeath to my son Jeremiah Beale, after the death or marriage of my wife, and upon the special condition, that he shall within one year after her death or marriage pay unto my son in law Solomon Cobb the sum of fifty pounds current money of Virginia. The plantation & lands whereon I now live include and comprise all the lands which I have, lying on the north side of the line that plantation and part of my lands whereon my son Shadrack Beale now lives, also all my lands known by the name of Roger Neck tract & supposed to contain 97 acres to him & to his heirs & assigns forever, provided always & it is my will that the neglect or refusal of my said son Jeremiah Beale, his heirs or assigns to pay the above mention'd fifty pounds as aforesaid shall not be construed to vacate or effect his title to the said tracts of lands before he shall attain to twenty two years of age. Whereas my son Shadrack Beale is justly indebted to different persons in certain sums which debts I am doubtful he will not be careful to pay, it is my will & desire and I do hereby authorise and direct my Executrix hereafter named or in case of her deaath refusal or inability to act, my administrator or administrators as the case may be, do sell for the best price they can get all that plantation & tract? of my lands whereon my son Shadrack Beale now lives containing by estimation 75 acres & bounded as follows, to wit: being divided from the lands whereon I now live by Turners branch & a small branch that makes into the same on the south side, thereafter a line of mark'd trees extending from the head of the Small branch to Joseph Scotts line & the known & reputed bounds thereof to the aforesaid Turners branch. And I do hereby give my said Executors Administrator or Administrators as the case may be full power right & authority to make execute and deliver any deed or other writing that may be necessary for securing to the purchase thereof as full ample sure and perfect a right & title in and to the said lands & premises as I might or could have done. Also it is my will and I do hereby direct that the money arising from the sale of the said lands shall first be applied to the payments of such debts of my said son Shadrack Beale as he actually owed prior to Nov 1791 and for which it shall appear he hath receiv'd reasonable satisfaction of which my Executors Administrator or Administrators as the case may be shall sole and competent judge and also to the payment of such sum or sums as I myself or others have advanced toward the discharge of his debts, provided always that no claim or demand against my said son shall be paid as aforesaid unless the same shall be presented & made known to the person or persons who shall represent me either as an Executor or Administrator within six months after they, he or she, shall be legally qualifyed to act. And it is my will and I do hereby give to my son Shadrack Beale, his heirs or assigns the remainder of surplus of the money, if any, that the said lands shall sell for. Also what I have already possess'd him with. I give and bequeath all the rest residue & remainder of my estate after the death or marriage of my wife, to be divided between my son Jeremiah Beale, my daughters Elizabeth Williams, Charlotte Carr, Polly Williams, Sylvia Beale, Peggy Beale and the children of my wife by her former husband in such manner & preparations as shall make each ones separate part equal in value including in the division & settlement all the monies or other things which my wifes children have a right to claim and receive from their fathers estate & likewise what I have already possess'd, some of my children with, the value whereof I estimate twenty seven pounds, viz: Elizabeth ten pounds, to Polly five pounds, & to Charlotte twelve pounds. I do hereby nominate, constitute and appoint my loving wife Elizabeth Beale my whole & sole Executor to this my Last Will & Testament with full power & authority to sell any part of my personal estate either at private or publick sale as she shall think best for the payment of my debts and also with full power to emancipate & set free any slave or slaves which now does or hereafter may belon (belong) or appertain to my estate. And I do hereby revoke & disanul all other Wills by me heretofore made, ratifying and confirming this & no other to be my Last Will & Testament. IN WITNESS whereof I have hereunto set my hand & seal this 16th day of February Anno Domini 1796. Benjamin Beale (seal) Sign'd, seal'd & declar'd by the said Benjamin Beale to be his Last Will & Testament, in presence of us: Joseph Scott John Scott J. Denson? At a Court held for the County of Southampton the 15th day of April 1796 This Will was presented in court by Elizabeth Beale, the Executrix therein named, prov'd by the oath of Scott & Johnn?, affirmation of John Scott, (being one of the people call'd Quakers) two of the witnesses thereto and ordered to be recorded. And on the motion of the said Executrix who made oath according to law, Certificate is granted her for obtaining a Probat thereof in due form giving security. Whereupon &c. Sam Kello, Cl. (clerk) Source: Library of Virginia, Will Book 4, 1783-1797 Southampton Co, VA Reel 17, page 736-737 Note: Paragraphing and some punctuation was added by transcriber for ease in reading. There are no paragraphs in the original. ___________________________________________________________________ Copyright. 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