Will of James Graham, 1813

In the name of God Amen

Decem­ber the twenty Eighth one Thou­sand Eight hun­dred and twelve. –

I James Gra­ham of Mon­roe County and State of Vir­ginia being far advanced in years and the decays of nature fast approach­ing but of a Sound and dis­pos­ing mem­ory do con­sider it my duty to reg­u­late my worldly affairs with my Fam­ily which is in man­ner fol­low­ing, that is to say, I rec­om­mend and give my Soul to Almighty God from whom I received it, and my body to the Earth from which it was taken noth­ing doubt­ing but that I shall receive them again at the gen­eral Res­ur­rec­tion of the Dead. –

First it is my desire that all my debts be first paid out of my Estate.

I give and Bequeath to my beloved wife Flo­rence Gra­ham her liv­ing on the land on which I now live dur­ing her nat­ural life, with as much of Cat­tle as she shall think proper to keep, her choice of the horses for her use, and to work the land, with the man­tion [sic] house and all oth­ers within the her­itage thereof not to be inter­rupted by any per­son. Also my Negroe wench named Rose for­ever, with any of the other Negroes that she may want in time of need, while in the hands of her Chil­dren, also one half of my barn with all the house­hold fur­ni­ture to be at her dis­posal at her death with fifty pounds in cash.

I also give unto her my Negro Girl named cleary jr. dur­ing her nat­ural life and then to be sold and the price divided equally among all my Children

I give unto my son William Gra­ham one half of my black smith tools, all my wear­ing apparel and my doclan [?] Book hav­ing made pro­vi­sion for him before he is the less noticed here.

I give unto my Son David Gra­ham my Geog­ra­phy and thirty pounds in cash, his plan­ta­tion not being equal to those of his Brothers.

I give unto my Son James Gra­ham one half of my Black smith tools with the His­tory of the United States hav­ing pro­vided for him hereto­fore there is no far­ther notice taken of him here.

I give unto my Son Samuel Gra­ham and his Chil­dren my Negro boy Cea­sor so that he is never to be sold nor ever taken from his fam­ily dur­ing his life. –

I give unto my son Lanty Gra­ham the plan­ta­tion on which I now live to him and to his heirs for­ever, but if he should not have legal heirs of his own body, the said land to go to his Brother James pro­vided James Shall give up the plan­ta­tion on which he now lives to be sold, and the price in such case is to be equally divided among him and his Broth­ers or their heirs. I give unto him also my Negro man Ben­jamin to be in com­mon between him and his mother at her dis­posal she using a proper dis­cre­tion to do equal jus­tice between them, and after the death of his mother the Said Negro to be Lanties and his heirs for ever and not to be dis­posed of –

I give unto my Daugh­ter Eliz­a­beth Stodghill my Negro woman named Cleary Senr. with the Book Willi­son on the Sacrament. –

I give unto my Daugh­ter Jane Gar­rad a suit of clothes from head to foot, of her own choice, to be paid out of the remain­der of my Estate after the lega­tees are set­tled and my Book the power of Religion. –

I give unto my Daugh­ter Rebeckah Gra­ham and her chil­dren, that plan­ta­tion where she now lives known by the name of Stephen­sons Cab­bin [?] also I give unto her and her chil­dren my Negro girl named Dinah, the Land and Negro never to be dis­posed of out of the Fam­ily nor the increase of the Negro if any she has.

I give unto my Daugh­ter Flo­rence Tay­lor and her chil­dren, that tract of Land whereon she now lives, join­ing William Wood on Hungets creek to her and her Chil­dren for ever. Also I give unto her and her Chil­dren my Negro girl named Han­nah which [Negro is never to be dis­posed of] nor her increase (if any) out of the Family.

All the before men­tioned legasies [sic] thus Bequeathed to my Chil­dren I give unto them and their heirs for ever accord­ing to the way they are stated.

It is my Will and desire that my land in Ken­tucky in the name of my Son David and my two Lotts [sic] in point Pleas­ant with that sur­vey at the mouth of the three Mile Creek on [?] be sold by my Execu­tors in the most advan­ta­geous way that they may think proper and the money aris­ing from the same to be equally divided among my Chil­dren or their heirs (as the case may be) but that moi­ety which would fall to my Daugh­ter Jane Garred out of the above lands is to go to her the said Jane and her Chil­dren equally, her son James excepted.

Also it is my Will that my part of the Lotts and land or money now in the hands of Charles Friend be divided in the fol­low­ing man­ner to Wit.

Five pounds to William Gra­hams Son James & Five pounds to Davids Son James, five pounds to James’s son James, Fife [sic] pounds to Samuel’s son James five pounds to Elis­a­beth Stodghills Son James five pounds to Jane Gar­rad daugh­ter Flo­rence + five pounds to Rebeckah’s Daugh­ter Flo­rence, the remain­der to be equally divided among my Chil­dren or their heirs (as the case may be) with this excep­tion that the moi­ety falling to Jane Garred to be divided between her­self and her chil­dren, James Excepted.

My farm­ing tools to remain on the plan­ta­tion all that arre need­full for work­ing the farm, my cross cut and whip­saws to be kept for the use of the fam­ily in gen­eral. What­ever stock my beloved wife thinks ought to be sold is to be divided Equally as above with the same Exceptions.

Pro­vided Lanty should die with­out law­full Issue and James should not make choice of the place keft to Lanty it is then to be sold and the pro­ceed divided in the same way as his would have been pro­vided he had made chioce of it. –

It is my will and desire that this my will be so under­stood accord­ing to the plain let­teral mean­ing thereof with­out strain­ing of any part if any [?] has taken place therein my cus­tom to the con­trary notwithstanding.

I Give unto my Sons James & Samuel that tract of Land which Joins Samls lands he got of Tritt [?] with the Excep­tion that the Sugar Camp under Samuel Geins Moun­tain is to go to Lanty or who­ever gets the homeplace. –

I Give unto Williams Son James and Davids Son James that tract of Land known by the name of Gromes [?] place to be equally divided between them either in Money or in Land. –

If the Siers place is recov­ered there is forty pounds to be paid to Caper­ton and what­ever is right to be paid to Sawyers for his part, but if my Son David thinks proper to pay Caper­ton his money and Lawyers [Sawyers?] his fee the bal­ance after the deter­mi­na­tion of the said he is to have it.

It is my will that my Execu­tors pay unto Henry Windlesleaugh five pounds out of my Estate after the Lega­tees are paid.

If any dis­pute Should arise between any of my chil­dren con­cern­ing this my Estate, it is my will and desire that each of them choose one man and if they can’t deter­mine it let them choose another and their Judg­ment shall be final. And if any should arise between them and their Mother it is to be deter­mined in the same way, and the party that refuses to stand to the award shall be cut out of their part of the thing con­tended for; and if the con­tention Should be about their whole part they are to loose their whole part, which shall be equally divided among all my chil­dren with the for­mer Exception. –

I do appoint my beloved wife Flo­rence Gra­ham David Gra­ham & James Gra­ham Execu­tors of this my last will and Tes­ta­ment revok­ing all other wills by me made hereto­fore. In tes­ti­mony whereof I have here­unto Set my hand and Seal this day & year first written

Signed sealed & delivered

James Gra­ham, Seal

In pres­ence of
Jonathan Roach
Richard Davis
William Hinch­man, Junr.
John Perry

At Mon­roe Feb­ru­ary Court 1813

This last will and Tes­ta­ment of James Gra­ham Senr. decd. was pre­sented in Court and proven by the oaths of Jonathan Roach, William Hinch­man, Jr and John Perry Junr. sub­scrib­ing wit­nesses thereto and is ordered to be Recorded. And on the motion of James Gra­ham Junr. and David Gra­ham Execu­tors named in the said who made oath and entered into Bond with Secu­rity in the penalty of Ten thou­sand Dol­lars con­di­tioned as the Law directs, cer­tifi­cate is granted them for obtain­ing pro­bat thereof in due form (it appear­ing to the Sat­is­fac­tion of the Court that Flo­rence Gra­ham Executrix named in the will afore­said refuses to take upon her­self the Exe­cu­tion thereof).

A Copy
Test[e]
Isaac Hutchi­son, Clerk

Feb­ru­ary 10th 1813

This day we Robert Given, Jonathan Roach and John Hinch­man appointed by the wor­ship­full court of Mon­roe to appraise the per­son Estate of James Gra­ham Decd have met at the Late dwelling house of the said Gra­ham, and being first sworn have pro­ceeded to value the fol­low­ing prop­erty to us shown by David Gra­ham and James Gra­ham Jr the two act­ing Execu­tors to said Estate, to wit,

One Cart and bulching [?] 16
One Wolf trap 3

Mon­roe County Will Book1 , pp. 223–229, Mon­roe County Cour­t­house, Union, WV.

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