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Will of William Eaton
 

 

In The Name Of God Amen, February 19th, 1759 .

I, William Eaton , of Saint John's Parish, in Granville County , do make & Ordain this my last Will and Testament, in Manner and form following: to wit, First I bequeath my Soul to God that gave it, trusting in Merits and Advocacy of my ever blessed Lord and Saviour, Jesus Christ, for a Remission of all my Offences, and my Body I commit to this Earth to be decently intered at the Discretion of my Executors herein after named. And as for such Worldly Estate as it have been pleased almighty God to commit to my Stewardship, I give, dispose and bequeath the same in Manner following: That is to say:

Imprimis: I give and devise unto my beloved Son, William Eaton , and to his Heirs and Assigns for ever, all my Lands, Tenements and Hereditaments in the Counties of Dinwiddie and Brunswick, in the Colony of Virginia , except the Land and Plantation I received of William Scoggan as Heir to John Scoggan, and my Lot and House in the Town of Petersburgh.

Item. I give and bequeath unto my Daughter, Jane Edwards , Wife of Colo. Nathaniel Edwards , all the Negro Slave which I possessed her in the Lifetime of Her former Husband, Anthony Haynes . And it is my Will and Desire that they, with all their Increase, shall descend, pass, go and remain according to the disposition made of them respectively by the last Will and Testament of the said Anthony Haynes. Also I give to my said Daughter, Jane, five Shillings, Virginia Currency.

Item. I give and bequeath unto my Daughter, Anne Haynes , Relict of Andrew Haynes , deceased, all the Negro Slaves of which I possessed her in the Lifetime of her said Husband. And it is my Will and desire that the said Slaves respectively, with all their Increase, shall pass, go, descend and remain according to the disposition made of them by the last Will and Testament of the said Andrew Haynes . Also I Give to my said Daughter, fifty Pounds Virginia Currency, of the Debt owing to me by Colo: Richard Kennon .

Item. I Give and bequeath unto my Daughter, Mary Jones , Wife of Robert Jones , jun: three Negroe Slaves, to wit, Aggey , Annaca & Bob , and all their Increase, which said Negroes are now in the Possession of the said Robert Jones . Also I give to my said Daughter one hundred and eighty Pounds, Virginia Currency.

Item. I give and bequeath unto my Daughter, Sarah Johnson , Wife of Charles Johnson , all the Slaves and Personal Estate whereof I Possessed her in the Lifetime of her former Husband, John Thornton , And it is my Will and desire that the said Slaves with their Increase, and personal Estate, shall go, descend, pass & remain according to the disposition made of them respectively, by the last Will and Testament of the said John Thornton . Also I give to my said Daughter five Shillings, Virginia Currency.

Item. I give and bequeath my ten Negroe Slaves, namely, Beck , Nell , Lucy , Oustom Son of Lucy , Jenny & Jenny , Daughter of Hannah , Haster , Rachel , Aggy & Essie , now in the possession of my Son in Law, Daniel Weldon , being formerly lent him, unto my Son in Law, Robert Jones, Junr. and my Son, Thomas Eaton , and their Heirs and Assignes in Special Trust and Confidence nevertheless and to and for the Uses, Intents and purposes following; and to or for no other Use, Intent or purpose whatsoever, that is to say to permit and suffer my Daughter Elizabeth Weldon for and during the Term of her natural Life to take, receive and dispose of at her Will and Pleasure exclusive of any power, authority, Interest or controul of her said Husband, and to and for her Sole separate Use, all and singular the profits arising from the Labour of the said Slaves and their Increase; so that it shall not be in the Power of her sd Husband to release, Charge, Change, alter or Incumber the same or any part thereof. And from & immediately after the decease of my said Daughter, I give and bequeath the said Slaves and their Increase, unto such Children as She shall have living at her Death, equally among them to be divided. But in Case any Child or Children of my said Daughter Betty shall depart this Life in her Lifetime leaving Children which shall survive her, then such Children shall be admitted to Share in the sd Slaves, with the Children of my said Daughter which shall be living at her Death vizt: to receive the same proportion of them as the Parent or Parents of such Grand-Children would be intitled to had they been living. And in Case all the Children of my said Daughter Betty shall depart this Life before her Death, then I bequeath the said Slaves and all their Increase, un to such Grand-Child or Grand-Children of my said Daughter as shall be living at her decease. And if it shall so happen that my said Daughter Betty shall have no Children, or Grand-Child. living at the Time of her decease, then I give and bequeath the said Slaves and their Increase to be divided into five equall parts among my Daughters and Grand Children and their Assignes for ever, to wit: One fifth part to the Children of Anthony Haynes, deceased, equally among them to be divided, one fifth part to my Daughter, Anne Haynes , one fifth part to my Daughter, Mary Jones , one fifth part to my Daughter, Sarah Johnson , and one fifth part to my Daughter, Martha . Also I give to my said Daughter, Betty , five Shillings, Virginia Currency.

Item. I give and devise unto my Son, Thomas Eaton , and to the Heirs of his Body lawfully begotten for ever, the Land and plantation in Granville County , whereon I now live, including my reSurvey adjoining thereto; And for default of such Heirs, I give and devise the same unto my Son, Charles Rust Eaton , and the Heirs of his Body lawfully begotten for ever; And for default of such Heirs I give and devise the same unto my Son, William Eaton , and the Heirs of his Body Lawfully begotten for ever; And in default of such Heirs I give and devise the same to my next Heir at Law. Also I give and devise to my said Son, Thomas Eaton , and his Heirs and assignes for ever, my Plantation and Tract of Land in Granville County , commonly called Bowser's; Also my Two Tracts of Land whereon Lewis Ballard & Cormelial Earls live, being adjacent to the sd Tract of Land called Bowser's; Also my Tract of Land in Northampton , commonly called Cumboe's; All which said four last mentioned Tracts of Land I give and devise unto my said Son, Thomas , his Heirs and Assignes for ever, upon Condition that he pay & Satisfy to my Grand-Son Eaton Haynes , twenty Pounds, Virginia Currency.

Item. I give and Devise unto my Son, Charles Rust Eaton , and to his Heirs and Assigns for Ever, all my Lands, Tenements and Hereditaments Situate in the County of Halifax , except my Lots in the Town of Halifax .

Item. I give and devise unto my loving Wife, Mary Eaton , for and during the Term of her natural Life, my Tract of Land whereon Granville Court-house is built, with all and Singular my other Tracts of Land and Surveys of Land on Tabb's Creek and the branches thereof; and from and immediately after the decease of my said Wife, I give and devise the said Tracts of Land and the remainder and Remainders, Reversion and Reversions of each of them, unto my Son, Charles Rust Eaton , his Heirs and Assigns for ever.

Item. I give and devise unto my two Sons, Thomas , and Charles , and their Heirs for ever equally to be divided, my Lot of Land in the Town of Petersburg, to wit, my Son Thomas 's part to include the Houses built thereon.

Item. I give and devise unto my Son, Thomas Eaton , & his Heirs for ever, my Tract of Land in Granville County, commonly called Gould's.

Item. I give and devise unto my Executors, herein after mention'd, my Tract of Land on little fishing Creek, commonly Called Youngs; my Tract of Land on Anderson's Swamp; and my two Tracts of Land on Smith's Creek, the one Called Hughe's and the other Rayborn's, to be by them Sold for the best price that can be got, and the money arising from the Sale thereof be applied towards discharging the Legacies by this my Will bequeathed.

Item. I give and devise unto my Son, Thomas Eaton , & to his Heirs for ever, my Lot in Halifax Town , adjoining the Market place and main Street, and desire that it may be saved at the Expence of my Estate.

Item. I give and devise all my other Lots in Halifax Town , unto my Son, Charles Rust Eaton , and his Heirs for ever, and do desire that such of the said Lots as are not already built on, shall be saved at the expence of my Estate.

Item. I give and bequeath unto my Daughter, Martha Eaton , my three Negroes namely, Pud , Sarah & Suckey & three hundred pounds, Virginia Currency; Also such Horses and Mares as are commonly called hers.

Item. It is my will and desire that my negroe Girl, Nanny , Daughter of Dido , now in the possession of Daniel Weldon, be returned unto my my Estate, And all and singular the residue of my Estate of what Nature or Quality soever, I give and bequeath in Manner following: to wit, one third part thereof to my beloved Wife, Mary , one third part to my Son, Thomas Eaton , and the other third part to my Son, Charles Rust Eaton . And that my sd Wife shall and may possess and enjoy her said proportion therein, for and during the Term of her natural Life & take and receive the profits arising therefrom to her own Use, and from and immediately after her decease, I give and bequeath the same to be equally divided into nine equal parts, to wit, one ninth part thereof to my Son, William , and his Assignes, one Ninth part to the Children of Anthony Haynes, deceasd, equally among them to be divided, one ninth part to my Daughter, Anne Haynes , and her Assignes, one ninth part to my Daughter, Mary Jones , and her Assignes, one ninth part to my Daughter, Sarah Thorton , one ninth part to the Children of my Daughter, Betty , which she shall have living at her death, equally among them to be divided, one ninth part to my Son, Thomas Eaton , and one ninth part to my Son, Charles Rust Eaton , and one ninth part to my Daughter, Martha Eaton .

Item. If either of my Sons, Thomas and Charles Rust , shall depart this Life before they shall attain the Age of twenty one Years, or are married, its my Will and desire that the Survivor shall have and enjoy the proportion of the residuum aforementioned of such of my sd Sons as shall so happen to die. And if both my sd Sons shall happen to die under the Age of twenty Years, and before marriage, then I give and bequeath their sd two Shares in the sd Residuum as follows: to wit, one seventh part to my Son, William Eaton & his Assignes, one seventh part to the Children of Anthony Haynes , deceased, equally among them to be divided among them, one seventh part to my Daughter, Anne Haynes , one seventh part to my Daughter, Mary Jones , and her Assignes, one seventh part to my Daughter, Sarah Thornton , one seventh part to the Children of my Daughter Betty Weldon , equally among them to be divided, and one seventh part to my Daughter, Martha Eaton , and her Assignes.

Item. It is my Will and desire that my Negroes belonging to my Plantation on Tabb's Creek be alloted in part my Wifes proportion of the residuum of my Estate aforesd, And that my Negroes at Mush Island be alloted in the proportion of my Son, Charles Rust Eaton . And that each of my said Sons, be put in Actual possession of their Estates at the Age of eighteen.

Item. In Case either of my said Sons, Thomas or Charles Rust , shall depart this Life under the Age of twenty one Years and before Marriage, its my Will and desire that the Survivor of them, his Heirs and Assigns for ever, shall have, possess and enjoy the respective Lands and Tenements by this my Will devised to such of my sd Sons, as shall so happen to die, in Fee Simple. And if both my said Sons shall die before marriage and under the Age of twenty one Years, then I give and bequeath the said Lands & Hereditaments by this my last Will & Testament devised to them in Fee Simple, unto my Son, William Eaton , his Heirs and Assigns for ever.

Item. It is my Will and desire that my Daughter, Martha , be allowed a Suitable Maintainance out of the Profits of my Estate until she Attains the Age of twenty one Years, or is married, And that the profits arising from the Estate herein bequeathed to my Sons, Thomas , and Charles Rust , untill my Son Thomas shall Attain the Age of Eighteen Years, be applied in educating and maintaining my said Sons and discharging the pecuniary Legacies by this my Will bequeathed.

Item. I do hereby Constitute, nominate, and appoint my beloved Wife, Mary Eaton , and my Son in Law, Robert Jones , junior, to be ye Executors of this my last Will and Testament, hereby revoking, disannulling and making void, all other Wills and Testaments heretofore by me made;

In Witness whereof have hereunto set my hand and affixed my Seal the Day & Year first above written.

William Eaton (Seal)

The foregoing Contents contained in pages one to eight inclusive was published, declared and pronounced by William Eaton, Gent. to be his last Will & Testament in presence of, Wm. Person Jas. Paine Richd. Coleman

At a Court held for Granville County, 20. March 1759 .

This Will was proven by the Oath of William Person & James Paine , two of the Subscribing Witness thereto, to be the Act & deed of William Eaton, Gent. late deceas'd., then Mary Eaton & Robert Jun : the Executors in this Will named, Qualified as such according to law.

Teste. Danl. Weldon C. C.
______________________

Copied from Original Will, filed in Office of the Secretary of State.

 

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