The Will of David A. Clements
Albemarle County, Virginia
Will Book 29, Page 289-290
1877
Transcribed by Sharon K Barrett
I, David A Clements of this town of Scottsville County of Albemarle and State of Virginia, being of sound and disposing mind & memory, do make and ordain this to be my last Will and Testament, viz
First: It is my will and desire that all of my just debts be paid.
Secondly: I give to my Sister Mary E. Shifflet the sum of Five hundred dollars, which said sum I desire my executors hereafter named to pay over to her as soon as practicable after my death.
Thirdly: The remainder of my estate real and personal, that is to say, what shall remain after the payment of my debts and the aforesaid legacy of Five hundred dollars to my sister, I desire to be equally divided between my wife Eliza Jane Clements & my two children David Oscar Clements and Maggie Oler Clements, & of the said remainder of my estate, I do hereby give, devise & bequeath one third part thereof to my said Wife in fee – simple, and on third part thereof to my said son David Oscar Clements in fee – simple and the remaining third part thereof to my said Daughter Maggie Oler Clements in fee – simple. (Transcriber’s note: The daughter’s name was Maggie Ola Clements, not “Oler” as written in the will.)
Fourthly: For the purpose of paying my debts, paying the aforesaid legacy to my sister, and making division of the remainder of my estate between my wife and children as provided for by the third section of this will, I desire my entire estate real and personal to be reduced to money as soon as it can be done prudently and without sacrifice in the judgment of my executors. And I do hereby authorize and empower my executors hereinafter named to sell and convey any or all of my real estate, such sale or sales to be made publicly or privately, and upon such terms in all respects as my said executors may deem best. But as I do not desire my real estate to be sacrificed or to be sold until it can be done at what my executors shall consider a fair and reasonable price, I desire my said executors to rent the same out publicly or privately as they may deem best until such a sale is effected, and to apply the net proceeds of said renting according to the provisions of this will.
Fifthly: I desire my two infant children hereinbefore named to have a good plain education & to be comfortably supported during their minority, and if the income from what I have given them should be insufficient for those purposes I authorize and direct that the Guardians of said two children to apply to said purposes so much as may be necessary for the principal of what I have by this will given to them.
Sixthly: I hereby nominate and appoint my friends Wm J Brown and James A Brown to be the Executors of this my last Will & testament, and I also nominate and appoint the said Wm J Brown to be the guardian of my said two infant children.
In testimony whereof I, the said Testator David A Clements have hereto set my hand and seal on this 9th day of October in the year 1875.
D. A. Clements
Signed, sealed, published & declared by the testator David A Clements as and for his last will and testament in presence of us, who in his presence, at his request and in the presence of each other, have hereunto subscribed our names as witnesses October 9th 1875
J H Buggs
John B Moon
Thomas S Martin
At a Court held for Albemarle County November 5, 1877 a paper writing purporting to be the last Will and Testament of D. A. Clements was presented, proved by the oaths of Jno B Moon & Thos S Martin two of the subscribing witnesses thereto, the other subscribing witness not being present, and was thereupon considered fully proven and ordered to be recorded as the last Will and Testament of D A Clements deceased.
Teste:
H B Burnley, Clerk