Southampton County Virginia USGenWeb Archives Wills.....Vick, Josiah, 1812 

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Josiah VICK (1755-1812), 
     will dated 4 Jul 1812; codicil, 19 Jun 1812; recorded 19 Oct 1812 

In the Name of God Amen  I Josiah Vick of the County of Southampton and state of 
Virginia, Knowing the uncertainty of human life  but retaining the full 
possession of all my mental faculties do make and publish my last will and 
Testament in manner and form following -- that is to say 

In the first place .  I lend unto my beloved wife Elizabeth Vick for and during 
the term of her natural ["life" omitted], all that part of the Plantation 
whereon I now live lying South of a line from the cypress bridge road  Coming to 
my dwelling house across the yard  and by the Still house towards the river to 
what is called the gut  and from thence along the meanders of the said gut to 
the creek of the Cypress bridge together with that half of my yard and garden 
which lies nearest thereto one of the houses composing my dwelling house, to be 
left to her own choice  and all the outhouses, except the crib by the barne and 
the still house, of which last she is to have the use Only of the one half part. 
I do also give unto her for and during the said term of her Natural life the use 
of one half of my Orchard lying within the above mentioned bounderies to be 
allotted to her by my friends Samuel Calvert and Griffin Stith having regard to 
quality as well as quantity, and the use of all the Cleared land On the 
plantation which I bought of Kirby Vick, to be allotted and set apart to her by 
a line run from the river towards the Pledger Plantation: but I give the use and 
enjoyment of all the aforesaid lands to my wife for and during the said term of 
her Natural life upon this express Condition, that she shall not tend any of the 
said lands in tern oftener than every Second year.

Secondly. I give and bequeath unto my beloved wife Elizabeth Vick my Black Horse 
called Jack  my Bay filley called Poll, the riding Chair and Harress [sic; 
'harness'] and a pair of wheels (Exclusive thereof) called hers  four Cows and 
calves, six ewes, three Sows and twenty Spring Pigs, all the hogs now Called 
hers, fifteen hundred weight of Pork, if in the season, if not bacon in 
propotion, fifty barrels of Corn, two Thousand weight of blade fodder  one sixth 
part of the top fodder and shucks, all out of this growing crop, one third part 
of my Plantation utensils and Kitchen furniture at their appraisal Value, three 
feather beds, bedsteads and furniture, one of them to be of her own Choice, One 
Walnut dining table, One small Walnut Table  One pine breakfast Table, one half 
dozen Windsor chairs  one half dozen Flag botomed chairs, one pair of hand 
Irons  the Walnut cupboard in the chamber  one third part of the glass and 
crockery ware, the Silver tea Spoons she formerly owned  the loom and gear 
called hers  including the Slays and Harness, ten Sixty gallon cider casks and 
two bee hives, To have and to hold the same to her and her heirs forever in Lieu 
and Satisfaction of dower in my estate__

Thirdly  I give unto my beloved son Richard Vick the following tracts or parcels 
of land _ to wit the Plantation whereon I now live by the same bounderies by 
which it was conveyed to me by William Woodard Containing by Estimation four 
hundred acres more or less, Subject however to the life estate in part thereof, 
herein before devised to my wife Elizabeth Vick_ the land which I bought of 
Benjamin Westra  Containing by estimation two hundred Acres be the same more or 
less; Subject to the operation of a deed of trust thereon for the benefit of 
Jacob Darden administrator of Mills Everitt deceased  the land which I bought of 
John Rowe Subject to his own life estate therein Containing by estimation One 
hundred acres be the same more or less one half the Plantation which I bought of 
Kirby Vick containing by estimation one hundred Acres be the same more or less 
subject to the Interest therein herein before devised to my wife Elizabeth Vick 
and One acre of land to be the same more or less, near the Cypress bridge, which 
I bought of Simmons Vick To have and to hold all the said tracts or parcels of 
land to my said son Richard Vick his heirs and assigns forever__ 

Fourthly  I give and bequeath unto my beloved son Richard Vick the following 
slaves, to wit, Bob Tom Henry Nancy Nelly Peter and Simon, also my brandy Still 
to him and his heirs forever__ 

Fifthly  I give unto my beloved daughter Patsey Williams wife of Richard E. 
Williams the tract of land which I bought of Benjamin Johnson  Containing by 
estimation two hundred acres be the same more or less, Subject to the Operation 
of a deed of Trust thereon for the benefit of Jacob Darden administrator of 
Mills Everitt deceased and the tract of Land which I bought of John Pledger, 
Containing by estimation One hundred and twenty five Acres, be the Same more or 
less, To have and to hold the said tracts or parcels of land to my Said daughter 
Patsey Williams her heirs and assigns forever, 

Sixthly  I give and bequeath unto my beloved daughter Patsey Williams, wife of 
Richard E. Williams, the following slaves, to wit, George Dick Lam Rachelle 
Absalom, Allen and Molly to her and her heirs forever___ 

Seventhly. I give unto my beloved daughter Jane T usually called Jinsey Vick, 
the tract or parcel of land which I bought of Francis Clements Commonly Called 
the Butts tract and Containing by estimation five hundred and fifty Acres, be 
the same more or less and One half the Plantation which I bought of Kirby Vick, 
Containing by estimation One hundred acres, be the same more or less and to be 
allotted to her by a line run from the river towards the Pledger Plantation - 
To have and to hold the said tracts or parcels of land to my said daughter 
Jane T usually called Jinsey Vick, her heirs and assigns forever. But if my said 
daughter Jane T usually called Jinsey Vick should die during her Infancy or 
without leaving lawful issue at the time of her death then it is my will and 
desire that all the lands before devised to her, shall be equally divided 
between my grand children Josiah Williams son of Richard E. Williams and Edwin 
Vick son of Richard Vick and if the said Josiah Williams or Edwin Vick should 
die during his Infancy or without leaving lawful issue at the time of his death, 
then, upon the death of my said daughter Jane T usually called, Jinsey Vick, 
during her Infancy or without having lawful issue at the time of her death it is 
my will and desire that all the lands devided to her as aforesaid, Shall go to 
my son Richard Vick his heirs and assigns forever. 

Eighthly. I give and bequeath unto by beloved daughter Jane T, usually called, 
Jinsey Vick the following slaves, to wit, Jacob  Sam, Clements. Charles, Piety, 
Winney and gates Hannah and Gates Hannah, also two beds bedsteads and furniture, 
the Chest of Draws and a side saddle Called hers to her and her heirs forever. 

Nninthly. it is my will and desire that my lots in Jerusalem called the tavern 
lot and Evans lot and the lands stable and tenements  adjoining, shall be sold 
and conveyed by my Executors herein after Named, who are hereby authorised to 
sell the same, together or Seperately, either at publick or private Sale  and On 
Such terms as they shall Judge Best and the money arising from Such sale they 
are to tistribute [sic; 'distribute'] equally among all my children _ and if my 
wife Elizabeth Vick should refuse to accept of the provision made for her by 
this my last will and Testament and demand dower in my estate  then it is my 
Will and desire that the Said lots lands and Tenements in Jerusalem shall be 
Sold Subject to her right of dower therein, it being my intention that she is 
not to have any part of the money arising from the said sale, but my Executors 
herein after Named are Nevertheless authorised to Compound with my said wife in 
the behalf, in which event, I give and bequeath unto her and her heirs forever_ 
all that portion of the money arising from the said sale which she May Contract 
to take in Lieu and satisfaction of her dower in the said lots, lands and 
tenements in Jerusalem__ 

Tenthly  it is my will and desire that all the rest and residence [sic; 
'residue'] of my estate of every Nature and Kind Whatsoever, devised given and 
bequeathed as aforesaid, Shall be sold by My Executors herein after named and 
the proceeds of the said sale, together with the debts  due to me, applied to 
the payment of my just debts and Out the balance, it is my will and desire that 
the sum of two hundred Dollars  to be expended towards the Education of my 
daughter Jane T usually called Jinsey Vick, and the balance if any, equally 
divided among my wife and all my children. But if it should so happen that the 
balance left after the payment of my debts, should not amount to the sum of two 
hundred dollars, or if it should happen that no balance should be left, then in 
the first Case, the deficiency is to be made up to my said daughter from the 
money arising from the sale of the aforesaid lots lands and tenements in 
Jerusalem and in the event of no balance remaining, the whole of the said Sum of 
two hundred Dollars is to be raised for my said daughter from the said sale of 
the said lots lands and tenements in Jerusalem_ and in either event the dividend 
of my said daughter, when the proceeds of the sale of the said Lots, lands and 
tenements in Jerusalem are divided, it is not to be lessoned by such advancement 
it being my meaning and intention that she is to receive the said sum of two 
hundred Dollars and also for full and equal proportion of the proceeds of the 
sale of the said lots lands and tenements in Jerusalem when the same are 
divided__ 

Eleventhly  it is my will and desire that my wife Elizabeth Vick have the 
liberty of Distilling her brandy in my brandy still herein before given to my 
son Richard Vick, without paying any toll or other price therefor__ 

Twelfthly, it is my will and desire that my daughters Patsey Williams, wife of 
Richard E. Williams, and Jane T Usually Called Jinsey Vick each pay to my son 
Richard Vick the sum of twenty five Dollars annually during the life of my wife 
Elizabeth Vick, in Consideration of my said wife's having a life estate in part 
of the land divided to him, But if my said wife should refuse to accept of the 
provision made for ['her' omitted] by this my last will and Testament and demand 
Dower in my estate, then the said annuity is to cease.__ 

Thirteenly  It is my will and desire that my son Richard Vick allow my Negroes 
Caesar and his wife Hannah to live in the house in the Joel Doyal field and to 
clear and tend a crop for their support on any the ajoining lands he may think 
proper to assign to them_ and if the Negroes from age or otherwise should become 
unable to maintain themselves then it is my will and desire that all my 
Children Contribute Equal to their support__  

Fourteenly. I hereby appoint my friend Griffin Stith guardian to my daughter 
Jane T usually Called, Jinsey Vick, and vest him with full powers for the proper 
Control of her person and property, at the same time particularly requesting 
that she May reside in his family, 

Fifteenly. I hereby appoint my friends Samuel Calvert, Jacob Darden, Samuel 
Kello and Henry Blow or any three of them, to act in Conjunction with 
commissioners who may be appointed by the Executors of William Evans deceased in 
Settling and adjusting all the private and partnership transactions between 
myself and the said Evans, being anxious that the unsettled affairs between us 
should be closed without legitation or expence_ and what is done by my said 
friends in this behalf I hereby declare to be obligary upon my estate 

Sixteenly  I hereby appoint my before mentioned friends or any three of them to 
act in conjunction with Commissioners who may be appointed by the 
representatives of Abram Mitchelle  deceased in settling and djusting all the 
partnership transactions between the firms of Mitchelle and Vick, Abraham 
Mitchell & Co. and Josiah Vick & Co. carried On in the state of Virginia and the 
firm of Mitchell & Vick in the County of Warren North Carolina first, then in 
the County of Chatham North Carolina  and what is done by my said friends in 
this behalf is hereby declared to be obligary upon my estate. 

Seventeenthly. I hereby appoint my before mentioned friends or any three of them 
to act in conjunction with Commissioners who may be appointed by Mr. James 
Britt, in Settling an adjusting the matters of account between us relative to my 
administration on the Estate of Howell Hines  deceased and what is done by my 
said friends in this behalf is hereby declared to be obligation upon my estate 

Eighteenthly  I hereby appoint my friends Henry Blow  George Gurley and Griffin 
Stith Executors of this my last Will and Testament, hereby revoking all other 
Wills by me heretofore made and declaring this and this only to be my last Will 
and Testament. Given under my hand and Seal this twenty third day of July one 
thousand eight hundred and ten 
                                                              Jo Vick  (Seal)

Signed sealed published and declared} 
by Josiah Vick as his last Will     } 
and Testament in our presence       } 
and by us attested in his presence  } 
and at his request __               } 
   Jacob Darden 
   John (hismark) Rowe 
   Nathan Pope 

Whereas I Josiah Vick of the state of Virginia and county of Southampton did 
some time not long past make and publish my last Will and Testament from under 
by hand and seal and therein did appoint Griffin Stith, Henry Blow and George 
Gurley Gentlemen my Executors and after Signing and Sealing the said Instrument, 
did deliver the same unto the said Griffin Stith for safe Keeping (the date of 
which Will I do not now recollect) and as there has some Charges taken place in 
my estate since the making and declaring of my said Will, it is my desire to 
make and declare this present Writing as a Codicle [sic; 'codicil'] thereto, in 
the following form and manner 

First. In The request to my daughter Patsey Williams in my said Will, I therein 
gave her a Negro by the Name of Allen which boy has since been sold and in the 
room and lieu of the said boy I give and bequeath unto my said daughter Negro 
man Charles, which I have purchased since the making of my said Will to her and 
her heirs and assigns forever; the labour of which Negro during her natural life 
is hereby declared to be for her own private use and benefit, and for to insure 
the same to her in that manner I hereby Authorise her to make choice of a 
Trustee or Trustees at her Will and pleasure to act for and on her behalf 
therein notwithstanding the absolute terms in this legacy above mentioned : 
meaning in this legacy that her husband shall have no control upon the labour of 
the said Negro during her natural life, except by her own Consent _ 

Secondly; In my said will I also bequeath,d unto my said daughter Patsey 
Williams, a Negro Wench by the name of Rachell, since which time she has had a 
child; both of which Negroes has since been sold by me to raise money to assist 
in paying of an Execution in favor of Joseph Denson as Executor of Jarden Denson 
deceased against Richard E. Williams the husband to my said daughter, so as to 
those Negroes the Value of them has been received by them, except as to some 
where about forty Dollars which will appear by my Books, which sum Ought to be 
paid them. 

Thirdly. Since making and declaring my said ["will" omitted], a part of the 
lands bequeathed to my said daughter patsy has been sold by her husband to John 
Crichlow, and to David Doyal and conveyed to each of them by me per deeds, but 
her said husband received the amount of sales thereof, so that nothing in Lieu 
thereof Can be expected from me, 

Fourthly  Since making and declaring my said last will and Testament I have 
purchased  at public  sale for ready money a tract of land formerly belonging to 
William Washington sold under a decree of Southampton County Court in vavor 
[sic; 'favor'] of James Scott _ part of which lands I have since the purchase 
thereof Conveyed unto the said James Scott, and unto the said Richard E. 
Williams as per deeds to each of them the more fully appears. The balance of the 
said land, being of the old tract, and about three hundred acres more or less I 
do hereby give and bequeath unto my two grand Sons Josiah Williams and Ethelbert 
Williams sons of the said Richard E. Williams, to them jointly and to their 
heirs and assigns forever  but should either of them die before of lawful age 
then in that case, this interest of part of the said land given to the deceased 
One, shall descend and go to my grand daughter Patsy Williams their sister and 
if both should be dead before of lawful age, then the whole of the said land 
shall and is to descend and go to my said Grand daughter Patsy, and to her heirs 
and assigns forever  but Still it is my Will and desire  and I hereby grant that 
their father Richard E. Williams shall have the use and Occupancy of the said 
Land until his son Josiah shall arrive to the age of twenty One years; or if he 
shall die before that time then until his son Ethelbert shall arrive to the age 
of twenty one years, and if both shall die before arriving to the age of twenty 
One, and Patsy living: then until she shall marry. and it is further my Will and 
desire that should the said Richard E. Williams die and leave my daughter Patsey 
Williams living, that then and in that Case, she is to quietly and peaceably to 
take possession of all the said Land given to my said grand sons to and enjoy 
the same to her use and benefit for and during her Natural life without any 
molestation from any person whatsoever__ 

Fifthly, Since Making declaring and Pronouncing my said Will, I have sold a 
certain Negro girl by the name of Piety which I had therein bequeathed and 
given to my daughter Jane Vick, In the room and lieu whereof I do hereby give 
and bequeath unto my said daughter Jenett T Vick my Negro woman Phillis and 
her child, I believe is Called, Sam, her and to her heirs and assigns forever_ 

Sixthly  Since making and declaring my said Will, I purchased of Samuel Calvert 
his Interest in a certain deed of trust given by my son to Samuel Kello, Trustee 
for two Negroes (that's living), to wit, Ned and Nancy, since which time I have 
sold the boy Ned, and paid the money on behalf of my said son for debts owing by 
him and have charged him on my books for all the monies paid for both the said 
Negroes, so that altho, the title to the Negro child Nancy lies in me it is 
right that she should again be returned to him, I do hereby therefore give and 
bequeath the said Negro girl Nancy unto my son Richard Vick and to his heirs 
and assigns forever: I do hereby also give and bequeath unto my said son a negro 
child by the name of Wilson which has been born of the negro Woman Nelly (given 
him in my said Will) since the making of the said Will: also my small gun and 
the amount of the one half of the balance of his account standing stated on my 
books, and also a negro boy child which has been born of Negro woman Nancy and 
my Gray cut eared horse to him and to his heirs and assigns forever  I do hereby 
Confirm my said will before mentioned, and also this Codicle & direct that these 
presents may be taken and received as part of my said Will as fully as though 
the same were Contained therein: but should any contrariety appear between them, 
then in that case this Codicle in that respect is to stand as the basis.  In 
Witness Whereof I Josiah Vick have written the same with my own hand and have 
Signed and sealed the same this Nineteenth day of June one thousand eight 
hundred and twelve being in my perfect Sence and memory_
                                                             Jo. Vick  (seal)

Oct 19th 1812  Sworn to by Samuel Kello  G Stith & Jacob Darden in Court __ 

   At a Court held for the County of Southampton the 19th day of October 1812 
The Testament & last Will of Josiah Vick decd. was presented in court by George 
Gurley one of the Executors therein named, the others personally appearing in 
Court and refusing to take upon themselves the burthen of the Execution thereof 
and proved by the Oaths of Jacob Darden and Nathan Pope two of the Witnesses 
thereto and ordered to be recorded and with a writing purporting to be a codicil 
to the Testament & last Will of said Josiah being also presented in Court and 
sworn to by Jacob Darden  Griffin Stith & Samuel Kello who deposed the said 
Writing as they believe is in the proper hand Writing of the said Josiah 
therefore it is ordered that the same be Established as a Codicel and as a part 
of his Will and ordered to be recorded  and on the motion of the said George 
Gurley who made Oath according to law certificate is granted him for obtaining 
probat thereof in due form on his giving bond & security Whereupon &c___ 
                                                    Unsigned by clerk

Southampton Co., VA, Will Book 7, 1810-1815, pp. 176-86 
   The Library of Virginia (LVA), Richmond, VA 
   LVA, Southampton Co. Microfilm Reel 18 

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.] 

[BLOW, BRITT, BRYANT, CALVERT, CLEMENTS, CRICHLOW, DARDEN, DENSON, DOYAL, DOYLE, 
 EVANS, EVERETT, EVERITT, GURLEY, HINES, JOHNSON, KELLO, MITCHELL, MITCHELLE, 
 PLEDGER, POPE, ROWE, SCOTT, STITH, WASHINGTON, WESTRA, WESTRAY, WILLIAMS, 
 WOODARD]