In the name of God Amen, I Patrick Henry of Charlotte County at my
leisure and in health do make this my last Will and
Testament in manner following and do write it throughout
with my own hand—I knowing my ever dear wife Dorothea to be
worthy of the most full and entire confidence, I do will and
devise to her the Guardianship of my Children and do direct
and order that she shall not in any manner be accountable to
any person for her management therein—
I do give to my said wife Dorothea
all my Lands at and ad-joining my dwelling place called red
hill, purchased from Fuqua, Booker, Watkins, and others out of
the tract called—Watkin’s Order, to hold during her life,
together with Twenty of my slaves, her choice of them all. And
at her death the said Lands are to be equally divided in value
in fee simple between two of my sons by her; and she is to name
and point out the two sons that are to take the said Lands in
fee simple at her discretion
I will and direct all my Lands in
my Long Island estate in Campbell County to be divided into two
parts by Randolphs old road ‘till you come along it to the place
where the new road going from the overseers house to Davis’s
Mill crosses it at two white oaks and the stump of a third. From
thence by a Strait line a few hundred yards to Potts’s spring at
the old Quarter place. From thence as the water runs to the
river which is near to the upper part where Mr. Philip Payne lives is to be added the
long Island and other Islands, to the lower part the Overseers
residence and also one hundred and fifty acres of the back land
out of the upper part most convenient for both parts, for
Timbers to the lower— These two estates to be fee simple to two
of my other sons by my said wife whom she is also to name and
point out—I will and direct that there be raised towards paying
my debts one thousand pounds by sale in fee simple out of my
following Lands Viz Leatherwood, Prince Edward Lands, Kentucky
Lands seven Island Lands, and those lately purchased of
Marshall, Mason, Norvell, Wimbish, Massy and Prewett, or such
parts thereof as my Executors may direct, and the residue
thereof I will and direct to be allotted equally in value into
two parts for a provision for other two of my sons in fee simple
by my said wife, which sons she shall in like manner name and
point out. But if the payment of my Debts is or can be
accomplished without selling any of my slaves or personal
estate, then I desire none of those Lands be sold but they are
to be allotted as the provision aforesaid for two of my
sons—Thus I have endeavored to provide for my six sons by my
dear Dorothea, their names are Patrick, Fayette, Alexander
Spotswood, Nathaniel, Edward Winston, and John
I will my slaves to be equally
divided amongst my Children by my present wife, except my
daughter Winston who has received hers or nearly so. But the
twenty slaves given to my said wife for her life, I desire she
may give as she pleases amongst her Children by me
I will that my wife have power to
execute Deeds for any Lands I have agreed to sell in the most
ample manner
I give to my grand son Edmund
Henry when he arrives to the age of Twenty one years and not
before in fee simple the thousand acres of Land where his father
died joining Perego’s line, Coles line, and the line of the Land
intended for my son Edward decd— together with the negros and
other property on the said one thousand acres of Land—But in
case the said Edmund shall die under the age of twenty one years
and without Issue then alive, I will the said Land slaves and
other property to my six sons above mentioned equally in fee
simple—
I have heretofore provided for the
children of my first marriage—But I will to my Daughters Roane
and Aylett two hundred pounds each of them as soon as my estate
can conveniently pay it by cropping—In case either of my six
sons viz Patrick, Fayette, Alexander Spotswood, Nathaniel,
Edward Winston or John, shall die under the age of twenty one
unmarried and without Issue then living, I will that the estate
of such decedent be divided among the survivors of them in such
manner as my said wife shall direct.
All the rest and residue of my
estate whether Lands, slaves, personal estate, Debts and rights
of every kind, I give to my ever dear and beloved wife Dorothea,
the better to enable her to educate and bring up my children by
her and in particular I desire she may at her discretion,
collect, accomodate, manage,and dispose of the debt due to me from the late Judge Wilson in such
manner as she thinks best without being accountable to any
person, but so as that the produce whether in Lands, slaves, or
other effects be by her given amongst her children by me, as I
do hereby direct all the said residue to be given by her after
her decease—If the said Debt from the said Wilson can not be
recovered, then I give the Lands I covenanted to sell to him the
said Wilson lying in Virginia and North Carolina to my said wife
in fee simple to make the most of and apply for the benefit of
her children by me as aforesaid—
But in Case my said wife shall
marry again in that case I revoke
and make void every gift legacy authority or power herein
mentioned and order will and direct she my said wife shall have
no more of my estate than she can recover by Law, nor shall she
be guardian to any of my Children or executrix of this my will I
will that my Daughters Dorothea S. Winston, M. Catharine Henry,
and Sarah Butler Henry be made equal in their negros In Case the
debt from Judge Wilsons estate be recovered, I do desire and
will that five hundred Dollars each be paid to my dear Daughters
Anne Roan and Elizabeth Aylett and Martha Fontaine—
This is all the Inheritance I can
give to my dear family, The religion of Christ can give them one
which will make them rich indeed
I appoint my dear wife Dorothea
executrix my friends Edmund Winston, Philip Payne and George D.
Winston executors of this my last will revoking all others. In
Witness whereof I have here-unto set my hand and seal this 20th
November 1798
P.Henry L.S.
Codicil to my Will written by
myself throughout and by me annexed and added to the said will
and made part thereof in manner following that is to say,
Whereas since the making my said
will, I have covenanted to sell my Lands on Leatherwood to
George Hairston including the 1000 acres intended for my Grand
son Edmund Henry, and have agreed to purchase from General Henry
Lee two shares of the Laura Town Lands amounting to about 6314
acres certain, and the Debt due me from Wilsons estate is agreed
to go in payment for the said purchase, whereby there will exist
no necessity to sell any of my estate for payment of my debts—I
do therefore give the said Laura Town Lands in fee simple
equally to be divided in value to two of my sons by my dear wife
Dorothea, and desire her to name the sons who are to take that
estate—and it is to be in Lieu and place of the Leatherwood,
Prince Edward, Kentucky and seven Islands and other Lands
allotted for two of my sons in my said Will. So that the Red
hill estate, Long Island estate, and the Laura Town estate will
furnish seats for my six sons by my wife. In case any part of my
Lands be evicted or lost for want of title, I will that a
contribution of my other sons make good such loss in Lands of
equal value—I give to my Daughter Fontaine five hundred Dollars
to each of my Daughters Anne Roan and Elizabeth Aylett one
thousand Dollars to my Daughter Dorothea S. Winston one thousand
Dollars, as soon as my estate can conveniently raise these sums.
To my Daughters Martha Catharine, and Sarah Butler, I give one
thousand pounds each; and these Legacys to all and each of my
Daughters are to be in Lieu and place of every thing before
intended for them. And if it is not in the power of my executors
to pay my said Daughters their Legacys in money from my estate,
then and in that case all my said Daughters are to take property
real or personal at fair valuation for their Legacys
respectively—And to this end I give my lands in Kentucky, Prince
Edward, at the seven Islands, all my Lands lately purchased near
Falling river and its waters containing about 17, or 1800 Acres
and all others not mentioned herein to my executors for the
afore-said purpose of paying Legacys, and for allowing my grand
son Edmund Henry eight hundred pounds in Lieu of the Leatherwood
Lands in case he shall attain the age of twenty one years or
marrys but not otherwise—His land if he has it at all is to be
in fee simple as also all the Lands that may be allotted in Lieu
of money are to go in fee simple—
I also will that my said dear wife shall at her
discretion dispose of three hundred pounds worth of the said
last mentioned Lands to any of her children by me and finally of
whatsoever residue there may happen to be after satisfying the
foregoing demands and that she shall have in fee simple all the
residue of my estate real or personal not disposed of for the
intent and purpose of giving the same amongst her children by
me—If she chuses to set free one or two of my slaves she is to
have full power to do so—In case Judge Wilsons Debt is lost by
General Lee not taking it in payment whereby the contract for
Laura Town lands becomes void; This Codicil is to become of no
effect and is to be void and null, and my executors are to
compensate the two of my sons to whom my Leatherwood Lands were
to go by the Lands sold to Judge Wilson, and they are in that
case to have all the Lands directed to be joined with the
Leatherwood and so much money as will make their lots equal in
value with the lots of my other sons by my present wife—In
Witness whereof I have hereunto set my hand and seal this 12th
day of February 1799
P. Henry L.S.
Indorsements. The within is my will written throughout by my own hand this 20th November 1798—P. Henry
The Codicil also written by myself February 12th 1799
P. Henry
At a Court held for Charlotte
County the first day of July 1799.
This Last Will and Testament of Patrick Henry esq. decd.
With the Codicil hereto annexed was presented in Court by Edmund
Winston Gentleman one of the executors therein named and there
being no Witnesses to the said Will or codicil Paul Carrington
senr. And Paul Carrington Junr. Gentlement, being sworn each
deposed that they are well acquainted with the Testators hand
writing and verily believes that the said Will and the Codicil
annexed, and the name thereto subscribed are all of the
Testators hand writing—Whereupon the said Will and Codicil are
ordered to be Recorded—On the Motion of Dorothea Henry the
executrix and the said Edmund Winston and George D. Winston two
of the executors therein named who made oath according to Law
Certificate is Granted them for obtaining a probate of the said
will in due form they giving security—Whereupon they with Joel
Watkins, Paul Carrington Junr. And Philip Payne their securitys
entered into and Acknowledged their Bond according to Law for
that purpose—reserving liberty to Philip Payne the other
executor named in the will to join in the probate thereof when
he shall think fit.
Teste.
Thomas Read Clk
Truly recorded
Thomas Read Clk
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