For those interested: Here's the nice clear will which led to many subsequent court cases. What do you think? I've tried to find the results of a court case in Richmond, September 1805, and hoped to scour the Pittsy. court house for evidence of property settlements after Sept. 1805 this summer, but my trip was cut short and so did not do it. (Clue: widow: Jane White married James Johnson around 1788, and died bef. 17 March 1791 & daughter Jane White married William Clark.) WILL OF JEREMIAH WHITE In the name of God Amen I Jeremiah White of the County of Pittsylvania being at present in a ___ state of health but of perfect memory, and calling to mind the uncertainty of this mortal life in order to set my House in order to the best of my ability, do hereby make and declare this to be my last will and Testament. First and Principally, I do humbly recommend my soul to God hoping for a free pardon for all my sins through the merits of Jesus Christ my saviour and redeemer and my body I resign to the Dust from whence it was _________shall please God to call me hence to be buried in a decent manner at the discretion of my Executors and as to my worly estate which providence has bestowed upon me I dispose thereof as Follows I Give and bequeath unto my beloved wife Jane White the use of my manner Plantation wheron I now live during her natural life and to enable her to raise up and Edicate my yonger children, I lend the use of the Following negroes during of her life or widowhood. To Wit Peter Creecy Antony Tom Philis and Lucy and Chloe. It is also my will and desire that my wife have the use and possession of all the slaves and personal Estate which I shall give in this will to such of my children as shall be underage or unmarried at my death, to be delivered up to them as they respectively come of age or marry. Item--I desire and bequeath unto my two sons William and Jeremiah my track of Land lying on the south side of Sandy Creek, which i perchased of Ayrs Hodnett together with another Track containing three hundred and twenty-five acres adjoining the former which I pirched of Hugh Charles, being one moiety of a track of land which is to be equally divided between me and the Orphans of Mr. Conway, for which I obtained a certificate out of the Office dated the 6th day of March 1780. My meaning is that my son William is to have one moiety of my part of the said lands to be lade of joining Mr. Wisdom's line, and my son Jeremiah to have the other moiety of my said lands adjoining on Mr. Ben Terry's line the Lands to my two sons and to their heirs and assigns forever, to be equally divided between them as aforesaid: having regard to quality and quantity to be divided and laid off by my Executor--but in case my son Jeremiah should depart this life before he should come of age or marry that his part of the land which I have bequeathed him shall desend to my son John, to him and his Heirs forever. Item--I give and divise to my son John White all my track of Land on the south side of sweeting Fork, a branch of Sandy Creek, beginning below my mill on Tompson's line up to Harris old road adjoining Col. Robert Williams line to him and his heirs and assigns forever. But in case my son John should depart this life under age or unmarried then the Land to fall to my two sons William & Jeremiah, to them and their Heirs forever to be equally divided between my son William, to have the lower part bounded by Dieces road that leads by Mr. Wisdom's, and my son Jeremiah to have the upper part thereof. Item--I give and divise unto my son Hamilton that part of Land that lies between sweetings fork and Colo. Robert Williams mill Track and the track I live on beginning at the old footway from Colo. Williams at my meadow at the mouth of ____ Branch, thence up the said branch to the third fork, hence up the left hand fork to my old line, to him, his heirs and assigns forever but should my said son depart this life before he shall attain his full age or before he marries, then and in such case the lands here devised to him to descend and fall to my son Robert, to him and his heirs forever. Item--I give and divise unto my son Robert my manner Plantation with the remainder of Lands on the north side of the Creek that I live on, only that land I have devised unto my son Hamilton, to him and his heirs forever, only I except Ten acres of Land including the mill, and my desire is the said ten acres together with the mill be equally divided between John, Hamilton and Robert, The remainder of the track of land that I live on, and is not devised to be subject to the Estate herein given to my wife, but if my son John should depart this life before he comes of age or marries then my will is that the said Land that was given him shall be equally divided between my Three Yongest sons that shall be living, share and share a like to them and their heirs forever. Item--I give and bequeath unto my wife the use of my mill during her natural life or Widowhood subject to the Incumbrances hereafter menshioned, and at her Death I give the same with her rights and appertainances unto my three yongest sons that shall be living at the time of her death, but also if either my three youngest sons depart this life before they attain to full age or marries then in that case his right to decend to the Two youngest that shall be living, and so on to the last three, my will is in case they should all three depart this life before they arrive at full age or marries, in that case my will is that my mill track be equally divided between my two sons William and Jeremiah to them and their heirs forever subject to the following Incumbrances To Wit ALL my Children have Laboured hard with me in assisting to build the said mill. I am desirous to give them some Priviledge therein but hope this priviledge may never become a bone of Contention between them but as a recompence for their labour and dutifull behaviour--it is my will and Desire that all my Children be intitled for their own families To Grind their grain tole free and they to bare an Equal share of all Expences in keeping the said mill in repair. Item--I give and bequeath unto my soninlaw Braxton Mabry the negroes that he has in Possession with the household goods & stocks of all kinds whatever also two hundred acres of Land on the Lick fork of the Horsepen adjoining Joshua Chafing in Charlotte County, part of a Track of four hundred acres also I give unto William Clark the remainder of the said Tract of Land to (be) equally divided between them having regard to quantity and Quality. Item--The part that would belong to my Daughter Mary Hardaway I give to my Grandson Peter Hardaway Pegg and what children she has with her except a girl named ussey (sic) a Child of the said Pegg that I lent to tend my Grandson Peter Hardaway which I desire may go into the residue of my Estate to be equally divided among all my Children. Item--I give and bequeath unto my soninlaw William Clark two Negros to Wit Adkin and Hal with what household goods and stocks he now has in Possession, to him and his Heirs forever. Item--I give and bequeath to my son William negroes to Wit Bob and Stephen with what household goods and stock he has in possession to him and his Heirs forever. Item--I give and bequeath unto my son in law James Hinton two negroes to Wit, Isaack and Bettey with an equal share of household goods which he has in possession, also part of a tract of land with the plantation whereon he now lives which I peshioned of Mark Harden, bounded by the road that leads to bannister river known as Shelton's ford, to him and his Heirs forever. Item--I give and bequeath to my Daughter Nancy White the other part of sd. tract of land as also another tract of land I peshioned of to Mr. William Holder containing eighty-seven acres being the Plantation whereon the sd. Holder did live, which said land joins the other from the Remainder of the tract I pershioned of Mark Harden which said tract I give unto my Daughter Nancy White her Heirs and assigns forever, and if my Daughter Nancy should die underage or unmarried, said lands should go to my son in law James Hinton. As their is a dispute between Colo. Williams an myself respecting most of a Tract of Land I have given to my son Hamilton, now if the said Land should be lost, then i give and bequeath unto my said son Hamilton White in Lieu thereof a certain piece of Land lying between me and George Wright's at the fork of the road containing by Patent ninety Eight acres To him and his Heirs and assigns forever, but if he should die before he comes of age or marries, then the said land should descend to my son Robert and to his Heirs forever. Item--I give and bequeath to my daughter Nancy a negro girl Eve and boy Luis, a horse, saddle and bridle to the amount of Twenty Five Pounds and an equal share of the household goods and stocks with the rest of my children to her and her heirs forever. Item--I give and bequeath to my son Robert two ___ To Wit Winney and Adkin, also a Horse, saddle and bridle in the amound of Twenty-Five Pounds with an equal amount of the household goods and stock to him and his heirs forever, my will and desire is that if any of my Children should depart this life before they arrive to age or marry that the Estate bequeathed to them shall be equally divided amongst the children then living. Item--It is my desire that John and Hamilton White should have one more Negro apeace and then the remainder of my Estate that I have not given away to be Equally divided amongst all my Children at my Wifes death. It is also my Desire that the debts due me be collected and be a fund for the Payment of my debts and what shall be over, to be equally divided amongst my sons and daughters. Item--It is my desire that my still and a case of bottles and a pair of Chair Wheals to be sold to the highest bidder for Twelve months Credit and the money thence arising to be equally divided among all my Children. Item--I give and bequeath unto my son Jeremiah White one Horse named Mark Antony to him and his heirs forever. Item--It is my desire that my son Hamilton should have an Equal share of household goods and stocks to him and his heirs forever. I hereby nominate and appoint my loving wife and son William and Jeremiah John and Hamilton Robert White William Clark and James Hinton to be my Executrix and Executors of this my last will and Testament. I have herewith set my hand and Seal this 22 day of April one Thousand seven Hundred and Eighty Eight. Sign'd Seal'd and Delivered Jere White in the Presents of J____d Micajah (X) Dodson Tabitha (X) Dodson William "Sttruttop" (must be "Stratton") At a Court held for Pittsylvania County the 19th day of May 1788 the within last will and Testament of Jeremiah White, Dec'd. was Exhibited into Court by William White, William Clark & James Hinton three of the Executors therein named & proved by the oaths of two of the Witnesses thereto & Devised to be Recorded and on the motion of the Said Executors who Made Oath according to same certificate is granted for ___ ____ a probate ___ in due form of law in giving Security Whereupon they Together with William Todd John Wilson Joshua Stone (?) and James Gallaway this Security entered into Bond ____ Law ___, and Acknowledged The Same. Teste Wm. Tunstall At Albemarle May Court 1788 This will was proved by the Oath of Elijah Moaran & Jacob Fariss Witnesses thereto & Ordered to be Recorded John Nicholas (Seal) William Stratton * * * * * May Court 1801, Pittsylvania Co., VA, In Chancery, p. 15: Richard Johnson & Letitia his Wife, James F. Johnson and Nancy his wife, Jeremiah White, William White, John White, Hamilton White and Robert S. White by John White his next friend against William Clark and William White Executors of Jeremiah White, Decd. Defd. By Consent of parties by their attornies, Ordered that this Cause be put to the Rules, and Commissioners ordered them to examine and take the depositions of their Witnesses and on the motions of the plaintiffs, Leave is granted them to ammend their Bill on paying to the Defendants their Costs occasioned thereby. +++++ May Court 1803, Pittsylvania Co. Court Records Book 10, 1801-1803, p. 370 In Chancery: (Written in margin, "Rescinded, see p. 556") Richard Johnson and Lettice his wife, James F. Johnson and Nancy his wife, Jeremiah White, William White, John White, Hamilton White and Robert S. White by John White his next friend against William Clark and William White, Executors of Jeremiah White, Deceased On the motion of the Plaintiffs, it is ordered that Jeduthun Carter, Thomas H. Wooding, William Wimbish, Jesse Leftwich and Stookley Turner, Gentlemen, or any three of them do State Settle and Adjust the Account Current of the Defendants as Executors of Jeremiah White, Deceased and report thereof to the Court with any Special Exception, which may be taken by either of the parties. +++++ May Court 1805, Pittsylvania Co. Court Record Book 11, 1803-1805, In Chancery, p. 368: Richard Johnson and Lettice his wife, James F. Johnson and Nancy his wife, Jeremiah White, William White, John White, Hamilton White and Robert S. White by John White his next friend against William Clark and William White, Executors of Jeremiah White, Deceased For reasons appearing to the Court, Ordered that this suit be continued Present Richard Johnson, Gent. +++++ May Court 1805, Pittsylvania Co. Court Record Book 11, 1803-1805 In Chancery, p. 369: Richard Johnson and Lettice his wife, James F. Johnson and Nancy his wife, Jeremiah White, William White, John White, Hamilton White and Robert S. White by John White his next friend against William Clark and William White, Executors of Jeremiah White, Deceased By consent of parties, commissions are awarded them to Examine and take the Depositions of their Witnesses until June Court next, giving each other Legal notice of the time and place of Executing the same. +++++ August Court 1805, Pittsylvania Co. Court Record Book 11, 1803-1805 In Chancery, p. 445: Richard Johnson and Lettice his wife, James F. Johnson and Nancy his wife, Jeremiah White, William White, John White, Hamilton White and Robert S. White by John White his next friend against William Clark and William White, Executors of Jeremiah White, Deceased This cause this day came on to be heard, and the Plaintiffs filed a Bill of Exceptions which were received Signed and Sealed by the Court, and Ordered to be made a part of the Record and is in these Words, "Be it Remembered that on the Trial of this cause the Plaintiffs offered in evidence the Deposition of Jane Johnson, to which the Defendants by their Counsel objected, alledging she was Interested as having been the widow of the said Jeremiah White Deceased, and now holding a tract of land during life under the Will of the said Jeremiah White, Deceased, and as she had slaves bequeathed to her by the said Will during her widowhood which she had had in possession but had restored on her intermarriage with James Johnson, to the Executors. The Court rejected the said Deposition upon the ground of Interest. To which opinion of the Court the Plaintiffs by their Counsel Excepted & prayed to have this their Bill of Exceptions Signed & Sealed according to Law which was done. Jno. Wilson SS. Saml. Calland SS W. Beavers SS Tho. H. Wooding SS" And on hearing the Bill, Answers, Depositions and exhibits and Arguments of Counsel on both sides, the Court are of opinion and do accordingly adjude, Order and Decree, that the Bill of the Plaintiffs be dismissed and that they pay unto the Defendants their costs by them about their Defense in this behalf expended. From which Decree the Plaintiffs prayed an appeal to the third of the Honourable high Court of Chancery, for the Richmond District to be holden in the City of Richmond in September next. Which is granted them on giving Security. Whereupon the Plaintiffs Richard Johnson and James F. Johnson with William Tunstall their Security entered into and acknowledged their Bond in the penalty of One Hundred Dollars for that purpose conditioned as the Law Directs. Present Moses Hutchings and William White }{ Gentlemen Justices Absent John Wilson }{ +++++