Washington Co., VA - Will Book 11, pg. 31-35, 1847 Robert Logan, 1847/48 In the name of God, Amen. I, Robert Logan of the county of Washington and State of Virginia, being of sound mind, and disposed to devise and bequeath my seal and personal estate, whilst I am competent to do so, do make this my last will and testament. First, I direct that all my just debts and funeral expenses be paid by my executor hereinafter named, out of my personal estate. Second, In lieu of dower to my wife Elizabeth Logan, I devise to her the use, during her natural life, of the following described part of my land; that is, bounded on the North West by the back, or North West line of the tract of land on which I now reside, until said line running North eastwardly reaches Logans mill creek: thence up said creek to the point where the middle of the road, leading from the West, crosses said creek below the grist mill, thence south westwardly with the said road, as it is now located, towards the residence of Thomas Davenport junr. until it crosses the western boundary of my lands, thence with said boundary to the north western boundary before mentioned. Also I devise to my said wife a like estate and use of the western fields of land lying on the South or South east side of said road, said field being on the south corner of my plantation. I also devise to her a like estate and use, for her natural life, in and to an entry of thirty acres of land, patented to me adjoining the lands of Thomas Davenport senr. on the southwest of said entry, it also adjoins the tract of land on which Joseph Logan now resides as well as the tract on which I now reside. I also devise to said Elizabeth a like estate and use in and to all the houses and appurtenances situate on the lands so devised to her, and I also devise to her the use, for her life of one half of my orchard, to be laid off to her so as to give her the use of one half of the fruit trees, running the partition line lengthwise through the orchard and giving her that half next to my mansion house. Third, I bequeath to my said wife Elizabeth, for and during her natural life, the use of my cupboard and cupboard furniture, also the use during her life, of all my farming utensils, I also bequeath to her a like use, during her life, of one third, in value of all my stock of every kind, as well as one third, in value, of all my bedsteads, beds and their furniture; that is, one third in kind of said stocks, bedsteads, beds and furniture, to be distinct, however, I bequeath the said one third of said beds, bedsteads & furniture, not only for life, but absolutely and unconditionally to my said wife. I also bequeath to her the use of all my household and kitchen furniture for and during her natural life, except a desk hereinafter to be mentioned. Fourth, I bequeath that the slave, Mary, which I obtained by my marriage with my present wife, or which came to me in right of my said wife, together with all the children or increase of said Mary, shall be disposed of as follows: at such time as shall seem proper, in the opinion of my executor, within six months after my death, the said Mary and all the children that she may then have living shall be valued by three discreet men, to be appointed by the county court of Washington county for that purpose, and when so valued, my said wife, Elizabeth, shall immediately choose from said slaves, such of them as she prefers, amounting to one third of the aggregate value of said Mary and all her increase, and if in making said selection, the said Elizabeth shall, in taking such one third, in kind of said slaves, exceed the on third in value of the aggregate estimate, by the fractional part of the value of one of the slaves, those to whom the slaves constituting such third, are herein after bequeathed in remainder, shall pay such fractional excess to those, to whom the other two thirds of said slaves are hereinafter bequeathed, within twelve months from the time of such division, and to secure the payment of such fractional excess. I direct that it shall be charged upon the said one third of said slaves in the nature of a lien in favour of those having the two thirds of said salves. And should such excess of value fall upon the side of those having the two thirds of said slaves, then said two thirds of said slaves shall be charged with the payment of such fractional excess, in twelve months, to those entitled to the one third of the slaves, and a like lien shall exist in their favor. And I further bequeath to the said Elizabeth that she shall have the use and benefit of the labor or hire of said one third of said slaves so to be chosen & set apart by her, for and during her natural life: And I do further bequeath that after her death, Margaret Logan, the wife of Joseph Logan and her heirs, and Mary Jane Reeves, the wife of George W. Reeves shall take and have the said one third of said slaves each of them one half of said third of said slaves. And as the said Mary Jane Reeves has no children, nor is it thought likely that she will have issue of her body, I bequeath that should the said Mary Jane have any children at her death, then living, that then her majority of said third of said slaves, shall go to her said issue of her body, and should she have no such issue of her body, at her death, then said moiety of said third of said slaves, shall go, and are hereby bequeathed to the said Margaret Logan and her heirs. And I do further bequeath the other two thirds of said slaves which I have acquired in right of my wife and their increase, as follows: I direct that my executor shall sell the said two thirds of said slave Mary and her increase, on such credit as he may deem best to produce the best price, as early after the partition aforesaid shall have been made, as he may deem expedient, and that he shall divide the neat proceeds of said sale of said two thirds of said slaves into five parts one of which fifths he shall distribute to my son William B. Logan or his heirs; one fifth to the children of my son James Logan deceased, one fifth to Robert Logan, my son, or his heirs, one fifth to my daughter Elizabeth McCall, or her heirs, and one fifth to my daughter, Rebecca Logan, or her heirs. Fifth. I also bequeath to my two said daughters, Elizabeth McCall and Rebecca Logan & their heirs my negro woman slave named Susan. Sixth. I devise to Rufus L. Logan the right in fee simple to all the above described lands, in and to which I have herein before devised to my wife Elizabeth, a life estate, the possession of which he is to have in complete seizure at the death of my said wife, to him and his heirs forever. I also bequeath to my said son Rufus L. Logan, my desk, now in my possession; also a pair of pistols now in his possession which I delivered to him some time ago. Seventh. I devise to my son Joseph Logan, my tract of land on which he now resides, commonly called and known by the name of the Woodward place, during his natural life, and after his death I devise the same tract of land to his son William E. Logan and such other son or sons as he the said Joseph, may have at his death, or shall be born to him within ten months thereafter. I bequeath also to my son Joseph Logan, my shot gun. Eighth. I devise to my son Caleb Logan, the residue of the tract of land on which I now reside with all its appurtenances, except my mill and its appurtenances, which residue is that which remains of the tract, commonly called the Young tract, after taking from said tract that portion herein before devised to my wife for life, remainder to my son Rufus L. Logan. And here to be distinctly understood, that part of my orchard ground, the use of which is before herein given to my wife for life, is intended to be devised to my son Rufus. The land in this section devised to Caleb Logan. I hereby expressly devise to him for and during his natural life only, and after his death, I devise the same to his sons Robert, John and Samuel Logan and such other sons as he may have at his death, or shall be born to him within ten months thereafter. I bequeath to said Caleb Logan my rifle gun. Ninth. I devise to my three sons, Rufus, Joseph & Caleb Logan jointly two tracts of land, one of fifty and the other of twenty nine acres, lying in said county. The fifty acre tract lying adjoining the Woodward tract and South east thereof, up Logans creek, and the twenty nine acre tract and adjoin the said fifty acre tract and south east thereof. I also devise to my said three sons my grist mill with all its appurtenances, jointly, and notwithstanding, I have herein before devised to my son Caleb and his son the land on which said mill, its race are situate, yet it is with this distinct reservation, that I devise to my said three sons, to enable each fully to enjoy the benefits of this joint devise, the full and free use of enough of the lands on which the mill house and dam and race & other appurtenances of the mill are now situate, and grounds, around and near the same for all the uses and purposes of said mill, its repairs & C. It is not to be understood however, the timber for the repair of said mill is to be necessarily furnished from the land so devised to said Caleb & sons. I also bequeath to my said three sons jointly my carpenters and smith tools, my wagon and wagon gearing. It is also directed by me that should my son Rufus be absent from this country at my death, when my two sons Joseph & Caleb shall take possession of my mill, they are not to pay him any rent until he shall come and take possession or control of said mill, or be present and propose doing so, either by himself or agent. I also bequeath to my said three sons, the watch which I have inherited from my son John Logan dec., and which is now in the possession of my said son Joseph Logan. Tenth. I bequeath that my clock, my still and stilling vessells be sold by my executor, and that the proceeds thereof be equally divided amongst, my son William, my son Robert, my daughter Elizabeth, my daughter Rebecca, each one fifth, and to the children of my son James Logan dec., the other fifth. Eleventh. Should there remain, at the death of my wife, any of the personal property, the use of which is herein before devised to her for life, my executor is directed to sell the same and equally distribute the proceeds of such sale amongst the five legatees mentioned in the tenth section of this will. Twelfth. I hereby nominate and appoint Isaac Home the executor of this my last will and testament. In witness whereof I have hereunto set my hand this 5th day of August 1847. Teste Samuel Logan Robert Logan SS Jas.. C. Greenway Wm. K. Heiskell At a court held for Washington county the 26th day of June 1848. The last Will and testament of Robert Logan deceased was exhibited in court and proved by the oath of James C. Greenway and William K. Heiskell two of the subscribing witness thereto and ordered to be recorded. Isaac Home the executor therein named appeared in court and refused the executorship, and Elizabeth Logan the widow of said Robert also appeared in court and relinquished her right to administration: and on the motion of William H. Heiskell and Matthew H. Buchanan who took the oath of an administrator with the Will annexed prescribed by law, and entered into and acknowledged their bond in the sum of seven thousand dollars with Connally T. Trigg, Thomas St.Preston & Adam Hickman their securities conditioned as the law directs: A Certificate is therefore granted them for the obtaining letters of administration on the estate of the said Robert Logan deceased with the Will annexed in due form. Teste Jacob Lynch CC File contributed for use in USGenWeb Archives by Terry T hompson [terrylee@newnorth.net] ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. http://www.usgwarchives.net ************************************************************************