Washington Co., Virginia Will Book 13: 39
Image from Betty Mealy; transcribed by D. Powell
Will of David Campbell, dated 6 May 1853
Proved 26 Sept. 1853
I David Campbell of the county of Washington and state of Virginia, being of sound and disposing mind and memory, but weak in body, do make and publish this as my last Will and Testament.
First. I direct that all my just debts and funeral expenses be paid
Second. I leave and bequeath to my wife Ann Campbell for and during her natural life or widowhood the tract of land upon which I now reside with all the stock of every description thereon, such as horses, cattle, hogs, sheep etc., together with all the farming utinsils or implements, all my household and kitchen furniture, to be by her managed and enjoyed for and during her widowhood or natural life as aforesaid. At the marriage or death of my wife I will and bequeath the tract of land aforesaid upon which I live, to my three youngest sons, John W. David A. and Jacob T.L.B. Campbell and their heirs to be equally divided between them. And in consideration of this devise, I require my said three sons to pay to my son James L.F. Campbell the sum of $500. To my son William B. Campbell $400. To my daughters Jane H. Carmack and Ann Eliza Worley $100 each. And to my grandchildren Sarah E. & David C. McConnell children of my deceased daughter Mary Ann McConnell $50 each, which said sums are to be paid one half in one and the other half in two years after the marriage or death of my wife. But in case the said three sons John, David and Jacob shall not be able to agree upon a division of said land among themselves, or one of them be able to buy out the interests of the other, then I will and direct that the tract of land aforesaid, be sold at public sale to the highest bidder, on a credit of one and two years, either by my said sons John, David and Jacob or my executors, and that out of the proceeds of such sale, they pay the legacies above named to my sons James and William, daughters Jane H. and Ann Eliza, and my two grandchildren Sarah E. and David C. McConnell, and that the balance by equally divided between my said three sons John, David and Jacob. In case the land aforesaid shall be sold as aforesaid, then I direct and authorize either my said three sons, or my Executors, which ever may make the sale, to convey to the purchaser the legal title to said land.
Third. Upon the marriage or death of my wife, I will and direct that (unless my three sons John, David and Jacob shall have previously received the same) they each receive a horse, saddle and bridle, bed and bedding and other property equal in value to what each of my other children have received. And that the balance of my personal estate herein before bequeathed to my wife during life or widowhood, be sold and the proceeds thereof equally divided between my daughter Jane H. Carmack, Ann E. Worley and the children of my deceased daughter Mary Ann, that is to say, the said Jane H. and Ann E., each one third, and the other third to my said grandchildren.
Fourth. I will and direct that my Executors sell my two negro women Margaret and Misna [?], and that the proceeds of the said two negroes be placed at interest upon good security, and that the interest thereon accruing be annually paid over to my wife for and during her natural life. At the death of my wife Ann, I give and bequeath the principal of the said sum of money to my sons William B. and James L. F. Campbell to be equally divided between them.
Fifth. I give and bequeath to my sons John W. Campbell my negro woman Hannah and her increase, if any, but not until the marriage or death of my wife, who is to have the use of the said negro woman, and increase during her natural life or widowhood.
Sixth. I leave and bequeath to my wife Ann for and during her natural life or widowhood, my two negro women Rachel and Susanna. Upon her marriage or death, I leave and bequeath the said Rachel together with any child or children she may have, to my son David A. P. Campbell, and the said Susanna together with any children she may have, to my son Jacob T.L.B.
Seventh. I will and direct, that during the natural life of my daughter Jane H. Carmack, she have the sole use and benefit of the services of my negro woman Angelina and any child or children she may have. At the death of my said daughter Jane H., I leave and bequeath the said negro woman Angeline together with any child or children she may have, to the children of the said Jane H. which may then be living, and to the children, if any of any child or children of said Jane which may then be dead, to be equally divided among them, that is to say, to each child of the said Jane, one share, and to the child or children of each of such as may be dead one share. It is my Will and desire and I hereby distinctly direct, that my said daughter Jane is only to have a life interest in the services of the said negro woman and her increase, and that the same shall not in any manner be liable for the debts or contracts of her husband Isaac Carmack. And I further hereby declare and direct that the $100, and the portion of the proceeds of the sale of my personal property herein before bequeathed to her, shall be for her sole and exclusive use and benefit, and shall not in any manner be under the control, or liable for the debts or contracts of her husband Isaac Carmack, and that the same be paid over to her or upon her order only.
Eighth. I give and bequeath to my daughter Ann Eliza Worley, my negro woman Sally.
Tenth. I give and bequeath to my wife Ann, my negro man Reuben, to her and her heirs to
dispose of as she may see proper.
Eleventh. I hereby constitute and appoint my two sons James L. F. Campbell and William B. Campbell Executors of this my last Will and Testament Hereby revoking all former wills by me made, and declaring this, and this only as my last Will and Testament. In witness whereof I have here unto set my hand and seal this 6 day of May 1853.
Acknowledged as the last David Campbell
Will and testament of
David Campbell in our
Presence
Jas K. Gilson
Robert R. Preston
Jacob Lynch
At a court held for Washington county the 26th day of September 1853.
The last Will and Testament of David Campbell deceased, was exhibited in court and proved by the oath of James K. Gilson, Robert R. Preston and Jacob Lynch the subscribing witnesses there to and ordered to be recorded. William B. Campbell one of the executors therein named appeared in court and refused the executorship. And on the motion of James L. F. Campbell the other executor therein named who took the oath of an executor prescribed by law and entered into and acknowledged his bond in the sum of twelve thousand dollars with Walter Johnson and John L. Bradley his securities conditioned as the law directs. A certificate is therefore granted him for the obtaining letters testamentary on the estate of the said David Campbell deceased in due form.