Andrew Porter's Will

In the name of God Amen
I. Andrew Porter of the county of Wythe and State of Virginia, being of sound mind and disposing memory do on this 12th day of February in the year of our Lord 1848 make my last will and testament in manner and form following

1st It is my will that all my just debts and funeral expences be paid out of any money belonging to my estate, after it is please God to call me home

2nd It is my will that my wife Polly Porter reside during her life in the house that we now live in to have the small room below and the room upstairs immediately above it, and that she have no control over any other part of the said house, I also give to her my cupboard together with its contents, and my clock during her widowhood, I also give her a horse worth sixty dollars, and two cows, one bed and furniture to have and to dispose of as she may think best, I also give to her my negroe girl Caroline to have and to hold during her life, it is my will that she shall have the sum of two hundred dollars out of any money arising from my estate, I also allow her to have my negroe girl Rebecca, to have and to hold during her widowhood and if she should marry at any time, then it is my will that her right to the above named rooms in my house cease.

3rd It is my will that Elizabeth Scott wife of William Scott have my negroe girl Patty with her increase to have and to hold forever, which negroe she has received.

4th I give to my Daughter Margaret Scott wife of John Scott one hundred dollars for her use & her heirs.

5th I give to my Daughter Mary Pickle wife of David Pickle my negroe girl Charity with her increase for her use and her heirs by David Pickle forever

6th I give to my Daughter Sally Shielas late Sally Hail my negroe girl Sally to have and to hold during her life, and after her death then it is my will that her son Stephen Hail have her and her increase which negroe she has received, and if the said Stephen Hail should not live untill after the death of his mother, then it is my will that my Daughters now living in Virginia, or their heirs, shall have the said negroe Sally and her increase

7th I give to my Son William Porter my negroe boy Ellick for his use forever

8th I give to my Son Robert Porter my negroe boy Squire which boy is now in the State of Tennessee and under the care of James Porter for the benefit of of my Son Andrew Porter, which boy I allow Robert to receive at anytime & pay to my Son Andrew the amount of Forty Dollars annually during my life in anything necessisery for the support of his family

9th I give to my Son James Porter my negroe girl Rachel & her increase

10th It is my will that my Son Stephen Porter have all my lands lying on Cripple Creek (To wit) one tract of Five hundred and forty four acres, one of one hundred and ten acres, One of one hundred and Thirty three acres, One of Fifty acres, One of Twenty eight acres one of Forty seven acres One called the Snavely tract of eighty six acres and one other of Fifteen acres purchased of Con. Stephen Sanders, I will here mention that Stephen has a Deed for a part of the above named Tracts of land which is excepted all of which lands I will to him and his heirs forever

I also give to him my negroe boy Granville and also my negroe Charlotte & Frank. I also give to his wife Margaret Porter my negroe girl Senah for her use & her heirs forever

It is my will that my wife Polly Porter have my negroe boy William during her widowhood and for the said boy & Rebecca his mother to be so far under the control of my Son Stephen Porter as to be made to obey their mistress, and after the death of my wife Polly, it is my will that Rebecca and all her increase not otherwise disposed of, be sold on a credit of Twelve months amongst my heirs, this to be done by my executors

I have will say that I send to Robert Porter my son, the sum of Six hundred Dollars which money he is to purchase a tract of land with for which land is to be deeded to the heirs of my son Andrew Porter, for his benefit during his life, and not to be further under his control

It is my will that Margaret Scott wife of John Scott, and Mary Pickle wife of David Pickle have all my lands lying on Brush creek in the county of Grayson containing nine hundred acres to be equally divided between them according to quantity & quality, to have and to hold for them and their heirs. Margaret Scotts by John Scott and, Mary Pickle by David Pickle for ever

It is further my will that all my property not otherwise disposed of be sold on a credit of Twelve months and the money arising there from not otherwise disposed of be equally divided between all my heirs

And lastly I constitute and appoint Stephen Porter and James T. Gleaves my executers to this my last will & Testament.

Signed and sealed and acknowledged in presence of
Lee C. Brown
George W. Gleaves
Martha S. Danner

Andrew Porter {seal}

I Andrew Porter, the auther of the within will being desirous to make an alteration to a part of the within will, have hereto entered a Codicil for that purpose
It is my will that after the death of my wife Polly Porter that my negro woman Rebecca and all her increase including my boy William be sold by my executors amongst my heirs except William Scott who married my daughter Elizabeth who is now dead, as I have given to him all that I intend of the negroes. I also except my negroe girl Senah which is a daughter of said Rebecca which girl I have in the foregoing part of my will given to Margaret Porter wife of Stephen Porter.

It is further my will that the property or anything else divised in the foregoing will to Robert Porter my son who is now dead go to his children by his first wife Elizabeth Porter, to be equally divided amongst them.

July the 10th 1849
Signed sealed and acknowledged in presence of
H. T. Wallis
Martha S. Danner
Andrew Porter {seal}

(written on side)
Andrew Porter
Will