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 Last Will and Testament of Andrew Porter

  • » Date: 1842-12-20
  • » Subject: Last Will and Testament of Andrew Porter
  • » Written By: Andrew Porter
  • » Addressed To: Heirs of Andrew Porter
  • » Transcriber: JC Porter, Alice Hix
  • » File # 370

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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 20th day of December in the year 1842 make my last will and testament in the manner and form following.

 

1st. It is my will that all my Just debts and funeral expenses 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 upper room immediately above it and to have no control over any other part of the said house, and I also give her my cupboard and its contents and my clock during her  single life.  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 and after her death it is my will that, Polly Ewing have the said Caroline for her use with her increase if any there should be free from the claims of any person or persons whatsoever.  I also allow to my wife Polly 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 single life,  If my wife Polly 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 her for ever which negroes she has received.

 

4th  I  give to my daughter Margaret Scott wife of John Scott one hundred Dollars for her use and her heirs.


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Continued

 

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 forever by David Pickle forever.

 

6th I give to my Daughter Sally Hail wife of William Hail my negroe girl Sally to have and to hold during her life and then to decend to her Son Stephen Hail and her increase also and if said Stephen should not be alive then to decend to my Daughters here in agree or their heirs which right shall be good forever

 

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

 

8th  I give to my Son Robert Porter my negroe boy Granville for his use forever.

 

9th  I give to my Son James Porter my negroe girl Rachel and her increase forever.

 

10th  It is my will and I do so direct it that my Son Stephen Porter have all my lands lying on Cripple Creek.  (To wit) one tract of Five hundred and Forty four acres, and one of of one hundred and ten acres, one of one hundred and thirty three acres, One tract of Fifty acres one of Twenty eight acres One of Forty seven acres  One called the Snavely tract of eighty six acres  One other of Fifteen acres purchased of Stephen Sanders.  I will here mention that Stephen has a deed for a part of the above named lands which is accepted all of which lands I will to him and his heirs forever, I also give to him my negroe boy Cyrus Hannah Sharlotte and Frank to have and to hold for ever  I give him one wagon & two horses and all my Gears and all my farming utensils to have & to hold for ever  I also give to his wife Margaret Porter my negroe girl Sarah for her use forever.

 

11th  It is my will that as my son Andrew Porter has been unfortunate in this life, that my son James Porter take my negro boy Squire


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Continued

 

and to apply the use of the Said boy to the benefit of Andrew Porter, my son.  As I intend the boy to go to the use of him so far as to support him and his family as I do not intend that Andrew shall have any control over him and that the boy Squire shall not be subject to pay any debts of Andrew or to any execution, but for the sole use of the family untill the death of Andrew.  And after his death, then it is my will that my son James Porter sell the said boy at public sale amongst all my heirs and to pay the money arising thereupon to the heirs of Andrew Porter equally.

 

  It is my will that my wife Polly have my negroe boy William during her single life and for the Said boy & Rebecca his mother to be so far under the control of 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 lawful heirs.

 

  It is my will that Margaret Scott wife of John Scott and Mary Pickle wife of David Pickle have all my Brushcreek land containing nine hundred acres to be equally divided amongst them according to quantity and quality, to have & to hold for their & their heirs forever Margaret Scotts heirs by John Scott for ever & Mary Pickle & her heirs by David Pickle for ever.

 

  I hold my son Stephen Porter notes for about eight hundred & forty one Dollars which notes is not to bear interest if paid within the time that I shall herein after name for him to pay the above Sum.  I allow him the term of Five years to pay it in by him paying one fifth of the Said Sum every year for the above named five years


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It is further my will that all my property not otherwise disposed of be sold on a Credit of Twelve months and all the money arising from the sale not otherwise disposed of to be equally divided amongst all my lawful heirs.

 

    And lastly I constitute and appoint as my executors my son Stephen Porter & James T. Gleaves to this my last will and testament

                                                            Andrew Porter (Seal)

Signed Sealed and acknowledged in presence of

Jas. K Johnson

John Crockett

Samuel C Gleaves

 

 

 

Written upside down by Dr. Chitwood:

Will of Andrew Porter

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