Washington Co., Virginia Will Bk 5: 10
Will of Robert Clark
transcribed from FHL mf #34357 by D. Powell [paragraphs added for ease of reading]
I Robert Clark of Washington County and State of Virginia being indisposed of body but of sound mind and having the fear of God before my eyes, I feel it my indispensable duty to make this my last Will and Testament. 1st I commend my soul to God who gave it and my body to the dust from whence it came to be interred in a decent Christian like manner.
I Will that all my estate both personal and real shall remain in common with my beloved wife Martha until the land is paid for, there being a part of my land unpaid for, after which I Will that my wife, my sons James and John have two thirds of my plantation including my dwelling house, barn and orchards during the life time of my wife and then to go to the aforesaid James and John and their heirs forever.
I Will that my son Robert shall have the other third of my land to him and his heirs forever - but upon condition Robert should marry him a wife. I Will that he shall have one eighteen acre field adjoining the right side of the lane leading towards the widow Scotts, also a field laying on the right side of the lane leading towards the widow Meeks, also the one half of a field lying across the said lane which is occupied as a pasture by my son Robert paying the one third of the money that may be owing for said land at the time of his marriage - but upon condition either of my sons to wit James, Robert or John should die before they have an issue, then the part of my land named to them to descend to the other brothers - upon conditions that he said James, Robert & John do pay to each of my daughters, to wit Catherine, Agness, Martha and Mary one horse worth one hundred dollars three cows & six sheep to be paid in the year one thousand eight hundred and twenty six if required of them by their sisters –
Also I will that my aforesaid sons shall pay to the aforesaid Catharine aforesaid Martha & Mary one hundred dollars in cash upon conditions the aforesaid Catherine, Martha and Mary remain and live with the family until the land is paid for unless the aforesaid Catherine, Martha should get married which marriage is not to deprive them from their right of dowry, the said money to be paid in eighteen hundred and twenty nine.
I do hereby revoke and set aside all Wills heretofore made by me and appoint and Constitute Peter Clark and John Clark, son to my brother James to be the executors of this my last Will and Testament. In witness I do set my hand and seal this fifteenth day of May in the year of our Lord one thousand eight hundred and twenty one.
Robert Clark S.S
Published and signed in the presence of us
Tobias Smith,
Wm Clark,.
James Porterfield
At a court held for Washington County the 19th day of June 1821.
The last Will and Testament of Robert CLARK deceased was exhibited in court and proved by the oath of Tobias Smith, William Clark and James Porterfield the subscribing witnesses thereto and ordered to be recorded.
And on the motion of Peter Clark, and John Clark the executors therein named who took the oath of an executor, prescribed by law and entered into and acknowledged their bond in the sum of two thousand dollars with John Galliher and Matthew Ryburn their securities conditioned as the law directs - A certificate is therefore granted them for the probate of the said Will in due form.
Teste
Jacob Synch