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Currituck County Wills
Taylor Sivills of Norfolk
Jan. 27, 1848 - May Term 1849
Currituck Co. Will Book 4 ; pg. 147-152
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The last will and Testament of Taylor SIVILS deceased was exhibited in open court at May Term 1849 or rather a copy by Frederick WILSON Executor there in named and it was ordered by the court to be recorded.
I Taylor SIVILS of the County of Norfolk in the State of Virginia, do make this my last will & Testament hereby revoking and annulling all others heretofore made by me.
I give to my wife in fee simple the piece of land which formally belonged to the heirs of CUTHRELL adjoining the lands on which I reside being the piece of land which Samuel BROWN and myself purchased under a decree of the county court of Norfolk and in which land the said BROWN afterwards conveyed his interest to me, and I give to my wife for her life that portion of the farm on which I reside which lies on the north side of the main road and that portion on the south side which lies west of the pathway commencing nearly opposite to my dwelling and runing southwardly to the back fence and west of a line running due south from the termination of the said pathway at the fence to the back line of the land. I give the above to her in lieu of dower in all and every portion of my real estate whatsoever.
I give to my son Jesse during his life the land on the south side of the road bounded as follows commencing at the gate east of my dwelling houses and opposite the house in which my son resides thence runing down the pathway till it arrives at a ditch near the gate of the said house, thence that ditch westwardly thirty yards more or less to a small ditch thence along said last mentioned ditch and a line corresponding with it southwardly to the back line thence along said line to the land above given to my wife during her life, thence northwardly along that line to the main road, thence along the main road to the beginning.
I give to my daughter Ellen WILLIAMS during her life the residue of the land constituting the farm on which I reside, except the dwelling house, kitching, out-houses garden and yard now occupied by my son Jesse which are mentioned hereafter-the landing on my said farm and the way leading to it as well as the two pathways mentioned above, I direct shall be used in common by my wife and my said children.
I give to my wife five hundred dollars all my household and kitchen furniture and one horse (her choice) in absolute property.
I direct my executors here after named to sell all my other lands wherever situated as well in Virginia as in North Carolina upon such credit as they may deem proper and invest the proceeds in some safe interest bearing fund.
I also direct my executors to collect and receive all debts and monies due or belonging to me and to sell all my perishable property not above given away and after the payment of my debts and the legaceys aforesaid to invest the proceeds in like manner in some safe interest bearing fund. I further direct my executors annually to hire out all my slaves this trust I wish to be continued until my children are both dead and then the principle in the hands of my executors as well as the slaves in their hands to be divided equally among all my Grand children then living and the issue then living of such of my Grand children as may have died, such issue taking per stirpes, that is such share as the parent would have taken if her or she had been alive to which Grand children then living and the issue then living of my deceased Grand child or children. I give the same in absolute property provided however that if my wife should then be living her interest in the said slaves is not to be affected but subject to that interest to continue during her life, the persons above described are to take the whole in absolute property. The annul income from the fund produced by the sales of my land I direct my executors to pay to my Grand children James STEWART and Mary Ellen HUNDLEY and if either of them should die without issue at his or her death his or her share to go to the survivor if both should die without issue as aforesaid the interest of both in the said income to cease and their shares to go and be paid to my son and daughter or if only one be alive to that one, the income arising out of the funds produced by the sales of my parishable estate and the collection and receipts of my debts and money until both of my children shall be dead to be divided and paid as follows, one third to my son during his life, one third to my daughter during her life and the other third to my Grand children James STEWART and Mary Ellen HUNDLEY but should either of my said Grand children die without issue being at his or her death his or her share to go and be paid to the survivor and if both should die without such issue their share to cease and go and be paid to my son and daughter or if one only be then alive to that one.
When the first one of my said two children shall die the share of the above income that that child had enjoyed whether original or acessory shall be paid to his or her children then living and the issue then living of such as may be dead to be distributed per sterpes, but if my said child should leave no child nor issue of any deceased child that portion of the income to go and be paid to my surviving child during her life.
The income arising out of the hires of the slaves my wife is to receive one third of during her life, and the residue of the said income is to go and be paid to the same persons who at the time it annually becomes due may be entitled to receive the income from the fund produced by the sales of the parishable property and collection and receipts of debts and moneys and the distribution and payment shall be subject to all the limitations and survivorship there in mentioned, as to such shares whether original or accessory should my wife however prefer to have one third of my slaves assigned to her to hold during her life she shall be at liberty to do so but on her death if that happen before both my children are dead the slaves so allotted to her and their increase shall again come to the possession of my executors and their income be disposed of precisely in every respect as the heirs of the other slaves and should she die after both of my children the reversion in the said slaves so allotted to her and their increase to be the property of all my Grand children living at the death of the last one of my two children and the issues then living of my Grand child or Grand children that my have died, such issue taking per stirpes as mentioned above
Should my wife die in the life time of my son Jesse then the land which I have given to her for life shall go to the said Jesse during his life and in that event the dwelling house kitchen and houses garden and yard now occupied by him shall go to his sister, if she be then living, to hold during her life, and I give to my son Jesse during the joint lives of himself and my wife the said dwelling house kitchen out houses garden and yard
On the death of the first one of my children the land which I have given to him or her for life to go during the life of my surviving child to the children then living of such child so dying first and to the issues then living at my deceased child of such child so dying per stirpes and on the death of my last of my Two children I direct my executors to sell the whole of the lands constituting the farm on which I reside on such credit as they may deem reasonable and divide the proceeds amongs all my Grand children then living and the issues then living of such as may have died, the issues taking per stirpes.
I wish such sale however not to take place until my wifes death unless she shall consent to it, should she be alive at the death of my last of my two children but the land subject to her life estate to be rented out for the benefit of my said Grand children living at the death of the last of my two children and the issues then living of any deceased Grand child or children per stirpes with the consent of my wife should she be alive the sale may take place immediately after the death of the last of my said two children whenever however the sale may take place the proceeds shall be divided equally among the Grand children living at the death of the last of my two children and the issues then living of my deceased Grand child such issues taking per stirpes as I have directed, the principle of the fund in the hands of my executors devised from the sales of the parishable estate and the collection and receipts of my debts and monies to be divided.
Should my wife die before both of my children then the land given to her for life to be annexed to the tract I have given to my son Jesse for life, to be enjoyed by him or his decendants as above until both of my children shall be dead, and whenever that part of the land given to my Wife for life shall be enjoyed as annexed to that portion given to Jesse for life then the dwelling house kitchen and houses garden and yard now occupied by my son Jesse is to be enjoyed by my daughter Ellen or her decendants as above mentioned until the death of both of my children. It is my will that at any time before the death of both of my children my Grand children James STEWERT and Mary Ellen HUNDLEY should both die and their issues become extinct by death, that the portions of the income above allotted to them shall cease and that their share shall be paid to such persons who may be entitled to the other portion of the income and to be paid to them in the same proportions that other portions may be paid to them.
I give to my executors upon the recommendation of the County Court of Norfolk, full authority from time to time to sell any of my slaves who may misbehave, and invest the proceeds in some safe interest bearing fund the income and principal of which to be disposed of as the heir and person of the slaves or slave so sold would have been disposed of, if she or they had not been sold. I own one third of the land on which my daughter Ellen now resides and may should God permit me to live purchase other interest in the same land the third now owned by me and any other interest I may purchase I give to my said daughter during her life, and at her death provided she dies before my son Jesse the interest I may have in the said land to go during the life of my son Jesse to her children then living and the issues then living of any deceased child per stirpes. My interest (now held by me or hereafter acquired) in the said land is not to be sold until the land on which I now reside may be sold at that time it shall be sold by my executors and the proceeds divided and paid among and to the same persons and in the same proportion who may be entitled to the proceeds of the land whereon I now reside. I hereby nominate and appoint my friend Frederick WILSON and James S. SEQUINS Executors of this my last will and Testament and having full confidence in them I desire the court in which this will may be admitted to probate to permit them to qualify without given any security whatever. I authorize my executors to hire out my slaves annully or from time to time privately if they think proper to do so should I die before I sell out my interest in the mill and land owned jointly by Fredrick WILSON and myself. I direct my executors to sell my interest in the same upon such credit as they may thing proper and to invest the proceeds in some safe interest bearing fund the annul interest of which until the death of both of my children to be divided and paid among and to the persons from time to time entitled to the interest on the fund provided by the sale of my parishable estate and the collection and receipts of my debts and monies and in the same proportion and the principle of the said fund. I give to be equally divided among all my Grand children living at the death of the last one of my children and the issues then living of such of my Grand children as may have died such issues taking per stirpes.
In witness where of I have hereunto set my hand and seal this 27th of January 1848.
/s/ Taylor [his x mark] SIVILLS seal
Signed sealed published and declared by the above named Taylor SIVILLS in our presence as and for his last will & Testament in whose presence we have subscribed our names here to as witnesses
Jn. A. CHANDLER
Jerome B. JONES
At a court held for Norfolk County the 23 day of August 1848. This last will and testament of Taylor SIVILLS deesed was proved by the oaths of Jerome B. JONES and Ire ARMSTRONG two of the subscribing witnesses thereto and ordered to be recorded and on the motion of Frederick WILSON one of the executors therein named who made oath thereto and entered into and acknowledged a bond in the penalty of sixty thousand dollars with condition according to law without surety agreeable to the directions of the will the Court being satisfied that the personal estate of the testator is more than sufficient to pay his debts certificate is granted him for obtaining a probate for said will in due form.
Test: Arther EMMERSON CC
State of Virginia County of Norfolk to wit:
I Arther EMMERSON Clerk of the County Court of Norfolk County in the State of Virginia aforesaid I hereby certify that the forgoing is a true transcript from the records of said Court. In testimony whereof I have hereto set my hand and affixed the seal of the said court this the twenty first day of November in the year of our Lord one thousand eight hundred and forty eight and of our Independence the seventy third. /s/ Arther EMMERSON
State of Virginia County of Norfolk to wit:
I Stephen WRIGHT chairman of the County Court of Norfolk County in the State of Virginia hereby certify that Arther EMMERSON who has given the preceding certificate is the Clerk of the said Court and that his attestation is in due form given under my hand this the 22 day of November 1848. /s/ Stephen WRIGHT
Recorded and examined this the 8 day of June 1849
B.T. SIMMONS, CCC
This will was contributed by Judy Merrell Brickhouse. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!
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