The Will of Moses Hughes
Nelson County, Virginia Will Book H, p. 412-413
Probated November 25, 1850
I, Moses Hughes, Sr. of Nelson Co. and State of Virginia do make this my last will and testament, revoking all others heretofore made as follows, to wit, at my death.
First, I wish my wife Elizabeth to have during her natural life or widowhood the trust of land on which I now live which comprises my Father’s old tract and the tract I bought of Samuel Strickland, and all of the entries adjoining and the tract lying on Rockfish River which I bought of James Edmonds, and at her death or marriage, I bequeath all of my land to my four daughters, Jeanetta, Elizabeth B., Francis E. and Sarah L. or their heirs, said Lands to be advertised by my Executor and sold of one third cash and the remainder in two equal annual payments with the usual security taken to secure the two last payments, except my said four daughters may otherwise agree on a division of said lands, the proceeds to be equally divided between them or their heirs.
Secondly, I bequeath to my son Moses B. at my death my Jacobs tract of land lying on Cub Creek.
Thirdly I wish my wife to have during her life of widowhood, the following slaves to wit, Latika, a woman, Nelson, Ary, Henry, Preston and Elizabeth her children, Mariah, a woman and Jordan her husband, Robert, Margarett, Louis, Wyatt and Drucilla, their children; Lucy, a woman, Schyler, a man, Henry, a man, and Reuben, a man, and their increase and at her death I wish an equal division among all of my children or their heirs, all of said slaves and their increase except Jordan and Mariah, his wife and their two younger children that may be at my wife’s death, which four slaves she may dispose of as she chooses among my children or their heirs.
Fourthly at my death, I wish my wife to have her choice of three beds, Heads, and their furniture, my Black Walnut cupboard, one Bureau, one Walnut folding table, one square walnut table, and what chairs I have, her choice of one yoke of oxen, two cows and calves, one ox-cart, and two horses, also one thousand pounds of pork, or three fourths of that quantity of bacon, and fifty barrels of corn.
Fifthly at my death I wish my Executor to proceed to sell on 12 months credit all of my property not herein bequeathed except for sums under five dollars which must be cash, and out of the proceeds, with all other claims which of may die seized of not named, proceed to pay my just debts, and the remainder, if any to distribute among all of my children or heirs equally.
Sixthly, having recently allotted the greater portion of my slaves among all of my children and delivered the same to them, except to my son John F. P. Hughes and my daughter Elizabeth B. (who married Moses W. Hughes) which slaves I hire to them and at my death I will to my son Moses B. Hughes in trust, all of said slaves, moneys, and other property, arising under my will for the special benefit of my daughter Elizabeth B. and her children, and it is my wish that my daughter Elizabeth B. shall have full discretion for her benefit to use the interest or any part of the principal of all moneys so bequeathed by my will, and if any part of said moneys at her death shall be unexpended, my will is for the residue of money as well as all of said slaves and their increase to be equally divided among all her children or their heirs. And at my death I will to Dr. John M. Pounsley in trust all of said slaves hired to my son John F. P. Hughes and any others slaves or effects of any kind arising under my will, for the special care and maintenance of himself and family during his lifetime, and not to be used by him or his trustees in payment of any debt now contracted or other liability, nor those to be heretofore contracted without the consent of both, and at his death all effects arising thus under my will I wish equally divided among his children or their heirs and provided in either case the above trustees may die, remove or refuse to act or from any other cause it should become necessary to appoint another, it is my wish for the court of the county in which my children may live to appoint a new and suitable trustee to carry out my will in either case.
Seventhly, if the funds set apart for the payment of my just debts should prove insufficient it is my wish that all of my children shall refund equally for the discharge of said debts.
Eightly, in order to carry into effect the provisions of my will I herein appoint my son Moses B. Hughes and William McComb my Executors. As witness my hand and seal this 12th day of January 1850.
Moses Hughes (seal)
Signed and acknowledged in the presence of:
Ryland Rhodes (x)
William W. Dillard (x)
At a court held for Nelson Co. the 25th day of Nov. 1850, this instrument of writing purporting to be the last will and testament of Moses Hughes deceased was presented in said court and proved by the oaths of Ryland Rodes and William W. Dillard, two subscribing witnesses thereto and ordered to record. And on the motion of Moses B. Hughes, one of the executors therein named who made oath and together with William C. Roberts and William A. Roberts, his securities entered into and acknowledged a bond in the penalty of six thousand dollars, conditioned as the Law directs, probate of said will is granted him in due form.
Teste: Thomas J. Mapie, Ck.
Know all men by these presents, that Moses B. Hughes and W.A. Roberts are held and firmly bound unto the Commonwealth of Virginia in the Just and full sum of six thousand dollars, for the payment of which, well and truly to be made to the said Commonwealth, we bind ourselves, our heirs, executors and administrators, Jointly securely, firmly by these presents, sealed with our seals, and dated this 25th day of November 1850. The condition of the above obligation is such that if the said Moses B. Hughes Executor of the goods, chattels and credits of Moses Hughes deceased, which have or shall come to the hands or possession of any other person or persons for him and the same so made, do exhibit into the County Court of Nelson County, when he shall there unto required by the said Court; and such goods, chattles and credits do well and truly administer according to law; and further to make a just and true account of his actings and doings therein, when thereto required by the said Court ; and deliver of the said good, chattles and credits which shall be found remaining upon the account of the said Administrator, the same being first examined and allowed by the Justices of the said Court for the time being, shall deliver and pay unto such person respectively as so entitled to the same by law; and if it shall hereafter appear that any last will and testament was made by the deceased, and the same is proved in Court and the Executor obtain a certificate of probat thereof, and the said Moses B. Hughes do in such case, being required, find and deliver up his letters of Administration; then this obligation to be void, else to remain (in full force. ?)
Moses B. Hughes (seal)
Wm. C. Roberts (seal)