I mentioned that I was going to share this will, of the second son of Stokeley Towles (1756-1836), even though he was apparently a resident of Madison County. This will was successfully challanged and eight years later, a settlement was arrived at. As I also mentioned, this was a part of a packet sent to me by Lisa Baggett, and originally sent to Marion Sims around 1930, by William B. Newman. William didn't mention where he found this will, but it must have been a will book in Madison County. Rick Waggener -------------------------------------------------- In the name of God, Amen. - I, Henry Towles of Madison County and State of Virginia, being of sound mind and memory do make this my last Will and Testament, Revoking all others by me heretofore made in the following manner - to-wit: It is my desire that all my property both real and personal except my negroes Mass Sarah and George and the Twenty three shares I own in the Farmers Bank of Virginia, be sold at public auction. The land on a credit of one and two years Equal payments by my Executors Taking Bonds with security and a deed of trust on the land to secure the payments. The personal property on twelve months credit. All the debts did me by Bond or otherwise I wish to be collected as soon as they conveniently can be, and after payment of all the just debts I may owe, I wish my estate to be disposed off in the following manner, To-wit: 2nd: I give to my sister Mary Clark Five Hundred Dollars to be disposed off as she may think proper. 3rd: I give One Thousand Dollars to the children of my nephew William Clark deceast son of my sister Mary Clark To wit; Nancy Danford, Tabitba Clark, Polly Clark, John Clark, Barsheba Booton, Betsy Carroll Virginia Nash Reuben Clark and James Clark, To them and their Heirs forever. 4th: I give Fifteen Hundred Dollars to the children of my nephew Henry Clark son of my sister Mary Clark, To-wit: Harriet Clark Stokeley Clark Mary Newman Cordelia Clark Lucy Clark Julia Clark Henry Clark and Edmond Clark to be equally divided between them and to their Heirs forever. 5th: I give to my niece Jane Turner Five Hundred dollars to Her and Her Heirs forever. I also Give to her children, To-wit: William Turner, Mary Ann Turner Julia Turner Robert Turner Sarah Turner Ellen Turner, John Turner and Jane Turner the sum of one Thousand Dollars to be Equally divided Between them and to their Heirs forever. 6th: I give the sum of Five Hundred Dollars for the Benefit of my nephew Abner Clark a son of my sister Mary Clark to be put in the Hands of and person appointed by the County Court of Orange, As Trustee for him and the money to be out out at interest and the interest arising from it paid him annually during his life by the Trustee and to go to his children if he has any and to their Heirs forever. But if he should die without children it is to be Equally divided Between his Brothers John Clark Reuben T. Clark & James Clark. 7th: I give to my nephew John Clark, son of my sister Mary Clark Seven Hundred Dollars to him aa3d His Heirs forever. 8th: I give to my nephew Reuben T. Clark and James Clark sons of my sister Mary Clark sixteen hundred dollars. To be divided Equally between them and their Heirs forever. 9th: I Give to my nieces Sarah Clark and Lucy Clark Daughters of my sister Mary Clark ten shares out of the twenty three I own In the Farmers Bank of Virginia with the dividends that may be due at my decease to be Equally divided between them and to their heirs forever. 10th: - I give to the Heirs of Reuben Clark -deceast of Madison County a son of William Clark deceast To-wit: William Clark Mary Anne Clark Joseph Clark and Jane H. Clark and Mary Laura Elizabeth Burdine a daughter of Sarah Burdine who was also a daughter of Reuben Clark deceast the sum of Fifteen Hundred Dollars to be Equa.Ily divided between them and to their Heirs forever. But the Bond I hold of Martha Clark the mother of the aforesaid children of Reuben Clark deceast and grabd mother of Mary Laura Elizabeth Burdine for the sum of Four hundred and sixty eight dollars to be deducted out of their legacy which Bond bears the date the 3rd of January 1835 and any other claim I may have or may obtain hereafter of Martha E. Clark is to be deducted out of it Likewise. 11th.- I give to the following three churches To-wit: Mount Zion, Bethsida or Tatams and the Episcopalian Church at Madison Courthouse the sum of three Hundred Dollars to be equally divided between them. 12th - I give my negro man George to my neighbor Jonas Waever and In consideration of George's faithful services to me I give him the sum of three Hundred Dollars which Is to be placed in the hands of Jonas Weaver and I request Jonas Weaver to let George have it as his necessities Require it during his life and if any remain at his death it is to be Eaually divided between his children by Fanny Carpenter. I request my neighbor Jonas Weaver to treat George with Humanity not suffering him to want for comfortable food and clothing suitable to his age. And it is also my wish that my two old negroes To-wit: Mass and Sarah should be well provided for out of my estate and that my Executors see their situation to be made as comfortable as the nature of the case will admit. 13th - As I now have claims against some of those I have made Legatees in this will and may hereafter have claim or claims against others It Is my will that all the claims I now have and may hereafter have may be deducted out, of their respective legacys upon a settlement by my Executors. 14th - It is my desire that my Executors discharge all Legasies as soon as practicable by acignment or otherwise out of the bonus due me. But should it so happen that any of the Legacies remain unsettled Twelve months after the probate of this Will such Legacies so unsettled shall be legal interest unitl discharged from that date. 15th - All the remainder of my estate Including the thirteen shares I own in the Farmers Bank of Virginia with the dividend due thereon after payment of all the Legaises and the expenses of this administration I Give to the County of Madison for the purpose of educating the poor children of the of the County under the direction of the County Court of Madison. 16th - And lastly I do appoint my friend Joseph Humes and Nathaniel Tatum Executors to this my last Will and Testament. In Testimony whereof I have set my bond and affixed my seal this Twenty Sixth clay of May eighteen hundred and thirty five. Signed, sealed and acknowledged Henry Towles (Seal) before us as witnesses: Joseph Sparks William Bickers James W. Butts At al Court held for Madison County the 26th day of May, 1836. The last will last testament of Henry Towles deceased was produced into Court and proved by the oath of Joseph Sparks one of the witnesses thereto - and on the examination of James Ford and John Terrill who proved that said Will is wholly in the hand writing of said Henry Towles deceased, and thereupon the said Will is ordered to be recorded - And on the motion of Joseph Hume and Nathaniel Tatum, Executors therein named, who made oath thereto and entered into bond and security according to law, certificate of probate thereof in due form is granted them. Teste: Belfield Cave, C. M. C. A Copy - Teste: A. K. Cave, Clerk of Madison County Circuit Court, Madison, Virginia.

Thanks, Rick for this will. I didn't have a copy of it. As a descendant of sister Mary Towles Clark, I wonder where the money went? Five hundred bux in those days was a lot of money. Probably was invested in Confederate dollars. Tom ----- Original Message ----- From: "sequoia" <sequoia@pacbell.net> To: <VACULPEP-L@rootsweb.com> Sent: Tuesday, May 06, 2003 10:25 PM Subject: [VACULPEP] Henry Towles ( the second) Will > I mentioned that I was going to share this will, of the second son of Stokeley Towles (1756-1836), even though he was apparently a resident of Madison County. This will was successfully challanged and eight years later, a settlement was arrived at. As I also mentioned, this was a part of a packet sent to me by Lisa Baggett, and originally sent to Marion Sims around 1930, by William B. Newman. William didn't mention where he found this will, but it must have been a will book in Madison County. > > Rick Waggener > > -------------------------------------------------- > > In the name of God, Amen. - I, Henry Towles of Madison County and State of Virginia, being of sound mind and memory do make this my last Will and Testament, Revoking all others by me heretofore made in the following manner - to-wit: > > It is my desire that all my property both real and personal except my negroes Mass Sarah and George and the Twenty three shares I own in the Farmers Bank of Virginia, be sold at public auction. The land on a credit of one and two years Equal payments by my Executors Taking Bonds with security and a deed of trust on the land to secure the payments. The personal property on twelve months credit. All the debts did me by Bond or otherwise I wish to be collected as soon as they conveniently can be, and after payment of all the just debts I may owe, I wish my estate to be disposed off in the following manner, To-wit: > > 2nd: I give to my sister Mary Clark Five Hundred Dollars to be disposed off as she may think proper. > > 3rd: I give One Thousand Dollars to the children of my nephew William Clark deceast son of my sister Mary Clark To wit; Nancy Danford, Tabitba Clark, Polly Clark, John Clark, Barsheba Booton, Betsy Carroll Virginia Nash Reuben Clark and James Clark, To them and their Heirs forever. > > 4th: I give Fifteen Hundred Dollars to the children of my nephew Henry Clark son of my sister Mary Clark, To-wit: Harriet Clark Stokeley Clark Mary Newman Cordelia Clark Lucy Clark Julia Clark Henry Clark and Edmond Clark to be equally divided between them and to their Heirs forever. > > 5th: I give to my niece Jane Turner Five Hundred dollars to Her and Her Heirs forever. I also Give to her children, To-wit: William Turner, Mary Ann Turner Julia Turner Robert Turner Sarah Turner Ellen Turner, John Turner and Jane Turner the sum of one Thousand Dollars to be Equally divided Between them and to their Heirs forever. > > 6th: I give the sum of Five Hundred Dollars for the Benefit of my nephew Abner Clark a son of my sister Mary Clark to be put in the Hands of and person appointed by the County Court of Orange, As Trustee for him and the money to be out out at interest and the interest arising from it paid him annually during his life by the Trustee and to go to his children if he has any and to their Heirs forever. But if he should die without children it is to be Equally divided Between his Brothers John Clark Reuben T. Clark & James Clark. > > 7th: I give to my nephew John Clark, son of my sister Mary Clark Seven Hundred Dollars to him aa3d His Heirs forever. > > 8th: I give to my nephew Reuben T. Clark and James Clark sons of my sister Mary Clark sixteen hundred dollars. To be divided Equally between them and their Heirs forever. > > 9th: I Give to my nieces Sarah Clark and Lucy Clark Daughters of my sister Mary Clark ten shares out of the twenty three I own In the Farmers Bank of Virginia with the dividends that may be due at my decease to be Equally divided between them and to their heirs forever. > > 10th: - I give to the Heirs of Reuben Clark -deceast of Madison County a son of William Clark deceast To-wit: William Clark Mary Anne Clark Joseph Clark and Jane H. Clark and Mary Laura Elizabeth Burdine a daughter of Sarah Burdine who was also a daughter of Reuben Clark deceast the sum of Fifteen Hundred Dollars to be > > Equa.Ily divided between them and to their Heirs forever. But the Bond I hold of Martha Clark the mother of the aforesaid children of Reuben Clark deceast and grabd mother of Mary Laura Elizabeth Burdine for the sum of Four hundred and sixty eight dollars to be deducted out of their legacy which Bond bears the date the 3rd of January 1835 and any other claim I may have or may obtain hereafter of Martha E. Clark is to be deducted out of it Likewise. > > 11th.- I give to the following three churches To-wit: > > Mount Zion, Bethsida or Tatams and the Episcopalian Church at Madison Courthouse the sum of three Hundred Dollars to be equally divided between them. > > 12th - I give my negro man George to my neighbor Jonas Waever and In consideration of George's faithful services to me I give him the sum of three Hundred Dollars which Is to be placed in the hands of Jonas Weaver and I request Jonas Weaver to let George have it as his necessities Require it during his life and if any remain at his death it is to be Eaually divided between his children by Fanny Carpenter. I request my neighbor Jonas Weaver to treat George with Humanity not suffering him to want for comfortable food and clothing suitable to his age. And it is also my wish that my two old negroes To-wit: Mass and Sarah should be well provided for out of my estate and that my Executors see their situation to be made as comfortable as the nature of the case will admit. > > 13th - As I now have claims against some of those I have made Legatees in this will and may hereafter have claim or claims against others It Is my will that all the claims I now have and may hereafter have may be deducted out, of their respective legacys upon a settlement by my Executors. > > 14th - It is my desire that my Executors discharge all Legasies as soon as practicable by acignment or otherwise out of the bonus due me. But should it so happen that any of the Legacies remain unsettled Twelve months after the probate of this Will such Legacies so unsettled shall be legal interest unitl discharged from that date. > > 15th - All the remainder of my estate Including the thirteen shares I own in the Farmers Bank of Virginia with the dividend due thereon after payment of all the Legaises and the expenses of this administration I Give to the County of Madison for the purpose > > of educating the poor children of the of the County under the direction of the County Court of Madison. > > 16th - And lastly I do appoint my friend Joseph Humes and Nathaniel Tatum Executors to this my last Will and Testament. > > In Testimony whereof I have set my bond and affixed my seal this Twenty Sixth clay of May eighteen hundred and thirty five. > > Signed, sealed and acknowledged Henry Towles (Seal) > > before us as witnesses: Joseph Sparks > > William Bickers > > James W. Butts > > At al Court held for Madison County the 26th day of May, 1836. > > The last will last testament of Henry Towles deceased was produced into Court and proved by the oath of Joseph Sparks one of the witnesses thereto - and on the examination of James Ford and John Terrill who proved that said Will is wholly in the hand writing of said Henry Towles deceased, and thereupon the said Will is ordered to be recorded - And on the motion of Joseph Hume and Nathaniel Tatum, Executors therein named, who made oath thereto and entered into bond and security according to law, certificate of probate thereof in due form is granted them. > > Teste: > > Belfield Cave, C. M. C. > > A Copy - Teste: > > A. K. Cave, Clerk of Madison County Circuit Court, Madison, Virginia. > > > ==== VACULPEP Mailing List ==== > NOTICE: The posting of virus warnings, test messages, chain letters, political announcements, current events, items for sale, personal messages, flames, etc. (in other words - spam) is NOT ALLOWED and will be grounds for removal. Consideration for exceptions, contact Kathleen Burnett kathleenburnett@earthlink.net > > ============================== > To join Ancestry.com and access our 1.2 billion online genealogy records, go to: > http://www.ancestry.com/rd/redir.asp?targetid=571&sourceid=1237 > >