Rodes, Charles Sr (1835)

In the name of God, Amen, I Charles Rodes Senior, of the County of Nelson and State of Virginia, being considerably advanced in life, and in some respects infirm in body, but of sound and disposing mind, memory, and understanding, calling to recollection the certainty of death, and the uncertainty of the time thereof, and being desirous to settle all my worldly affairs before it shall please God to call me hence, do hereby make and publish this my last will and testament in manner and form following that is to say,

First & principally – I commit my soul into the hands of Almighty God who gave it, and my body to the earth, to be decently buried by my Executor hereinafter named – and as to such worldly property or effects I own or possess – I do devise, and dispose of the same, hereby as follows-

In the first place, I devise and direct that all my just debts be paid out of my estate.

Item the first – Whereas I have heretofore given and advanced unto my son Charles P. Rhodes, the tract of land on which he resides (by deed recorded in the Clerk’s Office of Nelson County) and one negro man slave named Abram, two horses and other property, which property (to wit, the land, slave, horses) I now fully confirm to him, his heirs & assigns forever – . And as I consider the same fully as much, as his proportional share of my estate: I therefore devise and direct that he shall have no more of my estate. Whether I am mistaken or not in the opinion that the said land & other property are fully as much as his proportional share of my estate, it being my meaning and intention that I do not devise or bequeath him any more of my estate, in any event.

Item the second – Whereas I have heretofore given and advanced unto my son John H. Rodes the tract of land on which he resides (by deed recorded in the Clerk’s Office of said County) and two slaves, money, etc. – which land, slaves, money, etc. I hereby fully confirm and bequeath to him, his heirs and assigns forever.

Item the third – Whereas I have heretofore given and advanced unto my Daughter Polly Dettor, two slaves, Dicey and Ritta, and other property – all which gifts and advancements I now hereby fully confirm unto her, her heirs and assigns forever.

Item the fourth – I have hereunto given unto my daughter Amy (or Emily) Lobban a negro woman named Eliza, and other property – which gifts of said negro & other property – I now fully confirm unto her, her heirs, etc. forever.

Item the fifth – I have heretofore given and advanced unto my son James H. Rodes about ninety five acres of land (by deed recorded in the Clerk’s Office of said County), also a negro man named Daniel, and a horse, etc., which land, salve, horse, etc.- I now fully confirm and bequeath to him, his heirs & assigns forever.

Item the sixth – Whereas I have heretofore given and advanced unto my son Thomas J. Rodes the one half of the tract of land which I bought of Jacob Arisman (which half (more or less) was conveyed by deed from said Arisman to my said son, by my consent, and recorded in said County) – also a negro man named Daniel and a sum of money – which property, money, etc. so advanced, I now hereby fully confirm, and bequeath to him, his heirs, & assigns forever – and in full explanation, I also mention that the said negro Daniel, is the same negro advanced to my son James aforesaid, my said Thomas, having previously sold or parted with him, and I having purchased him.

Item the seventh – I bequeath and devise and specially direct that my tract of land on which I reside by sold at publick sale, with its appurtenances, by by Executors, on such terms as they may deem most proper and expedient, and the money arising from such sale to be divided amongst my six sons (in the manner hereinafter mentioned) to wit John, James, Thomas, Franklin, Henry & Greenberry – that is to say, the property and money which I have advanced to my said sons to be valued by three disinterested men (to be chosen & selected by my said sons or a majority of them ) the men so chosen to make an estimate of the land, other property & money, which I have advanced to them – the same to be estimated according to its value at the when when advanced – and also an estimate of the property, etc. which I have advanced to my daughters, according to the value thereof when advanced – which estimates of property advanced to both sons and daughters, to be added to the whole amount of my estate, except the said land now directed to be sold – references being had to the next item.

Item the eighth – I bequeath & devise & specially direct that all my slaves which I now own and are attached to my plantation and their future increases (to wit all my slaves except those which I have given to my children as aforementioned – be sold at publick sale by my Executors, and also my stock and all my perishable property of every description – be sold as aforesaid – and the proceeds of such sale be divided into nine equal shares – the one half of the ninth share, I give and devise unto my Granddaughter Emily Jane Knight, but the said one half share I leave to my said son Charles P. Rodes, whom I constitute and appoint trustee for her until she attains lawfull age, and who is to appropriate said money as trustee for her benefit, and account to her for the same upon her coming of age – and I specially and particularly direct that her father William L. Knight shall have no control whatsoever over said money – and the remaining eight and a half shares of the proceeds of said sale – I give and devise unto my said six sons, to wit John, James, Thomas, Franklin, Henry & Greenberry, and my two daughters Polly Dettor and Amy Lobban – to be divided between them by having reference to the estimate of the personal property and money hereto given and advanced to them, in such a manner that my said six sons, and two daughters, shall each have an equal amount of the said eight & a half shares of the proceeds of said sale – and the property & money heretofore advanced to them – that is, the estimate of said property, and the said eight and an half shares added together, with the money in one dividend, by the property & money advanced, and now referred to as constituting with the said eight & an half shares, said dividend is meant only the personal property advanced to my said sons and daughters, shall each have an equal amount of the said eight & an half shares. I said personal property & money, my meaning and intention is that my said six dons and my daughter Polly Dettor shall have their shares as their own absolute property, but that my said daughter Amy shall not have any part thereof as her own absolute property, but only as follows, that is I leave her said share to my son John H. Rodes, whom I constitute and appoint trustee for that purpose, and who I specially devise and direct shall employ and use the said share for the separate use and benefit of my said daughter Amy Lobban – and I specially devise and direct that her husband Thomas Lobban shall have no control over the same, an no interest therein, but that the same shall be used by the said Trustee for the benefit of my said daughter during her life, and at her death to be equally divided amongst her children to them & their heirs forever.

Item the ninth – I devise and bequeath the tract of land on which I reside to be sold by my Executors as mentioned in item the seventh – and the money arising from said sale to be divided amongst my said six sons, John, James, Thomas, Franklin, Henry & Greenberry – in the following manner, that is, Franklin to have Five hundred dollars of the same, more than any of the others – as a compensation to him for attending to my business and then the balance of said money arising from said sale to be divided amongst him & my other said five sons, in such a manner that they will all have an equal share of my estate, both real & personal – including the said estimate or value of the said property and money heretofore advanced to my said children – and to be brought into the division in such manner as to effect that object (except the said legacy of five hundred dollars, which is extra.)

It being the true intent and meaning of my will that my said six sons shall have an equal share with each other of my estate both real & personal (except said extra legacy, & said devise to my said grandchild & including what property I now own, and what I have advanced to them, with the money, etc. and also my intention that my said six sons & two daughters shall have an equal share with each other of all my personal estate – including what I have advanced to them & what I now own (except the legacy to my Grandchild) and that my said daughter Amy’s share to be left to my son John as Trustee for her as aforesaid. And lastly I hereby nominate & appoint my sons John H. Rodes, James H. Rodes, and Franklin Rodes ex’rs to this my last will and testament. In witness whereof I have hereunto set my hand & seal this 10^th day of March in the year one thousand eight hundred & thirty five.

Charles Rodes Senior (SEAL)

Teste:

John B. Spiece X

Charles Williams

Iverson S. Twyman X

At Court held for Nelson County, the 27^th day of January 1840 the last will and Testament of Charles Rodes Sen’r dec’d was proven by the oaths of John B. Spiece and Iverson S. Twyman two subscribing witnesses thereto, and ordered to be recorded. And on the motion of John H. Rodes, one of the executors therein named, who qualified thereto, and, together with Charles Smith and William Fitzpatrick his securities, entered into and acknowledged their bond in the penalty of thirty thousand dollars conditioned according to law, certificate is granted him for obtaining a probat of the said will in due form.

Teste: Sp: Garland, Ck

A Copy Teste, Sp. Garland, ck

— Jan’y 1840

TRANSCRIBER’S NOTE:

As I found this will as part of a chancery suit filed in Nelson County, VA in 1852 in which it was submitted as evidence in a dispute between the children of Charles Rodes, Sr., the Will Book number was not recorded. It was filed, however, in Nelson County, VA and recorded in January 1840.