Will of Moses Hughes
January 3, 1823
Probated June 28, 1824
Nelson County Will Book C, Page 174-177
I, Moses Hughes, of the County of Nelson and State of Virginia being in my usual health and of sound disposing mind and memory do make and ordain this instrument of writing as and for my last will and testament, hereby revoking all other and former wills by me made.
In the first place my will and desire is that all my just debts, and funeral expenses be paid out of this first monies which may come into the hands of my Executors after my death.
2ndly, I give, devise and bequeath to my son John Hughes and his heirs all that tract of land on Tye river on which my said son John now resides, containing about three hundred and twenty acres, be the same more or less. I also give to my said son John, one Negro girl named Miry with her future increase, together with such property as I have heretofore given him and now in his possession, to him and his heirs and assigns forever.
3rdly, I give devise and bequeath to my son, Moses Hughes, and to his heirs, my tract of land called Hamilton's place, with all my lands adjoining, now in the possession of my said son, Moses, together with the following Negro slaves to wit, Betty and Jackson, with future increase of said female, and all the property I have heretofore given to my said son Moses and now in his possession to him and his heirs and assigns forever.
4thly, I give, devise, and bequeath to my son James Hughes and his heirs, that tract of land on which he now resides, including all my land on the North side of Mill Creek up to his own line, also the following slaves to wit, Doll and her four children, Wity, Tom, Polly, Dicie, and Marco, and Ned, a Negro man and the increase of said females together with such other property as I have heretofore given to my said son James and now in his possession to him and his heirs and assigns forever.
5thly, I give, devise and bequeath to my son William Hughes and to his heirs that part of my tract of land called the bottom field and the land adjoining, from the mouth of Watery Branch to William Perry's line, also the following Negro slaves, to wit, Nelson, Bagwell, Letitia, Harry, Armstead (child of Nelly), Matilda, Ann and old Fanny and all the future increases of said females, also two beds and furniture, all my stock of horses, cattle, hogs and sheep, plantation utensils, household and kitchen furniture, and the crop that shall be on the place at my death, except so much of the crop as shall be sufficient to pay one half of my debts. But it is my will and desire that in case my said son William should die without leaving any children lawfully begotten, then in that case, I give and bequeath the lands devised to him, to my son Benjamin Hughes and his heirs, and Negros, bequeathed to him with the future increase of the females I give to my sons, John, Moses, & James Hughes and their respective heirs forever.
6thly, I give devise and bequeath to my son Benjamin Hughes and his heirs, my tract of land called Witts old place on the north side of the dry branch and extending with my son William's line to William Perry's on the south side of dry branch, which will include fifty or sixty acres on the south side of that branch, also one other tract on the north side of Mill Creek, which includes my grist mill and one other tract of land lying at Reid's Gap at the head of the creek, containing two hundred and twenty-five acres be the same more or less. I also give to my said son Benjamin the following negro slaves, to wit, Tim, Joseph, and Amy and the future increase of said female with such other property as I have heretofore given to my said son Benjamin and now in his possession to him and his heirs and assigns forever.
7thly, I give and bequeath to my daughter Sarah Edmunds and to her heirs forever a negro woman Katy and her future increase, together with all the property I have heretofore given her and now in possession of her husband William Edmunds.
8thly, I give, devise and bequeath to my daughter Elizabeth Perry and to her heirs and assigns forever that tract of land now in possession of her husband William Perry, called Joseph Weaver's tract containing two hundred acres be the same more or less. I also give to my said daughter, Elizabeth one negro girl named Fan with her future increase together with such property as I have heretofore given her and now in possession of her said husband William Perry.
9thly, I give and bequeath to my daughter Rebecca Clarkson and her heirs that part my tract of land purchased of the legatees of Wm. Fitzpatrick, (decd.) lying on the north side of the Widow Fitzpatrick's line, also the following negro slaves, to wit, Dennit, Charlotte and her four children, Patrick, Jane, Jack, & one now at the breast (name not known) also Kizzy and her two children Nelson and Cillar, together with such other property as I have heretofore given to my said daughter and now in the possession of her husband David R. Clarkson, to her and her heirs and assigns forever.
10thly, I give devise and bequeath to my two sons, Moses & James Hughes in trust for the use and support of my daughter Polly Collins (the wife of Samuel Collins) and her children during the natural life of my said daughter Polly, but not to be subject to the debts or the control of the said Samuel Collins, the following property, to wit, the tract of land on which the said Samuel Collins now lives, containing sixty acres, be the same more or less, together with all my interest in the lands allotted to the widow of William Fitzpatrick (decd.) as dower land, my interest being the six eighths of said land; also the following negro slaves, to wit, Charles, Dick, Sam, Dice and her six children, viz, Albert, Newman, Christopher, Clary, Tabby, and Rachel, Dinah and her two children, Joseph and Edy, together with the future increase of said female slaves, also all stock of horses, cattle, sheep, hogs, plantation utensils, household & kitchen furniture and crop of every description that shall be upon the said plantation so devised as aforesaid at my death in trust, except so much of the crop as shall be sufficient to pay the one half of my debts that I may be owing at my death. After the death of my said daughter Polly, it is my will and desire that all the property left for use & benefit of my said daughter & children shall be equally divided among her children and their legal representatives share and share alike. It is my will and desire that my son-in-law, Samuel Collins shall have a support out of the property left in trust as aforesaid during his natural life.
11thly, I give, devise and bequeath to my daughter, Hannah Fitzpatrick and to her heirs & assigns forever the following negro slaves to wit, Amy, Venus, Jenny and her three children, Dick, Jackman, & Betty & the future increase of said females together with all the property I have heretofore given my said daughter and now in the possession of her husband, Moses Fitzpatrick.
Lastly, I nominate, constitute & appoint my sons Moses Hughes and James Hughes Executors of this my last will & Testament and thus having set my house in order by settling my temporal affairs, I cheerfully submit my eternal concerns to the all wise and merciful disposer of events, and patiently wait his mandate for my great change. In testimony I have hereunto submitted my name and affixed my seal this 3rd day of January 1823.
Moses Hughes (seal)
Signed, acknowledged, published &
Declared as & for the last Will
& testament of the testator in the
X Ro. J. Kincaid
X John Whitehead
1824 June 28
This instrument of writing purporting to be the last will & testament of Moses Hughes decd. was processed in Court & proved by the Oaths of Jno, Whitehead & Ro. J. Kincaid, two sub? Witnesses thereto ? & thereupon Moses Hughes and James Hughes the Executors named in the said will, personally appeared in Court & made oath, together with Jno. Hughes, William Perry entered into & ack'd bond in the penalty of $12,000, conditioned as the law directs. Cert? is granted them for obtaining probat of E. will in one form of Laws. Recorded Book C Page 194 c-174.
At a Court held for Nelson County the 29th day of June 1824: This bond was executed and acknowledged in open Court by the parties thereto and ordered to be recorded.
(separate printed document--handwritten parts in bold)
Know all men by these presents, that we Moses Hughes, James Hughes, John Hughes and William Perry are held and firmly bound unto Ro. Rives, Jos. C. Cabell, Alex'r. Brown & Nelson Anderson gentlemen, Justices of the court of Nelson County now sitting, in the sum of twelve Thousand Dollars to the payment whereof, well and truly to be made to the said Justices and their successors, we bind ourselves, and each of us, and each of our heirs, executors and administrators, jointly and severally firmly by these presents. Sealed with our seals, and dated this 28th day of June in the year of our Lord 1824, and in the year of the Commonwealth the 48th.
The condition of the above obligation is, that if the said Moses Hughes & James Hughes, Exr's of Moses Hughes dec'd deceased, do make a true and perfect inventory of all and singular the good, chattels, and credits of the said deceased, which have or shall come to the hands, possession, or knowledge of them the said M. Hughes and Jas. Hughes or to the hands or possession of any other person or persons for them and the same so made, do exhibit to the County court of Nelson at such time as they shall be thereto required by the said court, and the same goods, chattels and credits, do well and truly administer according to law, and make a just and true account of all their actings and doings therein, when thereunto required by the said court, and further, do well and truly pay and deliver all the legacies contained and specified in the said will as far as the said goods, chattels, and credits will extend, according to the value thereof, and as the law shall charge them.
Then this obligation to be void, or else to remain in full force.
Signed in the presence of
Moses Hughes (seal)
James Hughes (seal)
John Hughes (seal)
William Perry (seal)