The Will of
John W. Rhodes
Albemarle County, Virginia
Will Book 17, pp 377-378
I John W Rhoades do make this my last will and testament in manner and form following
First – It is my will and desire that all my property both real and personal shall be kept together during the life of myself and my wife Molly Rhoades and in case of my death before my wife, it is my desire that my said wife shall have the use of all said property during her life.
2nd - It is my will and desire that my daughter Frances Herndon shall have an equal portion of my estate at the final distribution to be paid her in money.
3rd - It is my will and desire that my son Robert Roades shall have and equal portion of my estate at the final distribution to be paid him in money.
4th - I give to my son Thomas Rhoades my negro man Willis and my clock over and above and equal distributive part of my estate.
5th - I give to Lucy Jane Birckhead widow of my son Schuyler Roades the sum of one dollar and no more, and I give to my grandson Schuyler Rhoades a negro boy Jack and a feather bed and furniture and nothing more to be held by him as hereafter directed.
6th It is my will and desire that after my wife's death my land shall be sold by my executor to the highest bidder on a credit of one & two years.
7th It is my will and desire that the property herein before given to my grandson Schuyler Rhoades shall not be put in his possession until he becomes of lawful age, and in case he should die without lawful heir by others of his body the said property shall revert back to my children.
8th I give to my daughter Nancy Ahart one dollar and no more. It is my will and desire that the children of my daughter Nancy Ahart shall have a full portion of my estate, or what would have been the portion of said daughter if I had given her an equal portion with my other children she said portion to be equally divided among the aforesaid children of said Nancy and paid to them as they shall respectively become of lawful age.
9th I charge my son Thomas Rhoades one hundred dollars for the negro girl Mary which I gave him, to be accounted for in the equal distribution of my estate.
10th I charge my daughter Frances Herndon one hundred dollars for the negro girl Amanda which I gave her to be accounted for as in the last preceeding item.
11th It is my wish that if my son Thomas Rhoades should die without a lawful child or children then the property herein given or directed to be given to him shall revert back to my other children.
12th I give to Hasten Collier and his children one dollar and no more.
13th It is my will and desire that after the death of my wife, all my property not herein particularly divised or disposed of shall be sold by my executor to the highest bidder, and after paying all my just debts the balance shall be equally divided among my children Robert Rhoades, the children of Nancy Ahart, Frances Herndon, Thomas Rhoades under the restrictions herein made, and taking into account the advancements herein mentioned.
14th I give to my wife after my death whatever property she had when we were married, to be held at her own disposal & absolute right, consisting of two feather beds and furniture, two tables, one press, ½ dis (?) chairs a bureau and some other small articles.
15th I charge my daughter Nancy Ahart five hundred dollars for the negro woman Lydia which I have heretofore given her as an advancement to be taken into account in the final distribution of my esate.
Lastly I do hereby appoint George Martin executor of this my last will & testament.
In witness whereof I have hereunto set my hand and seal this 15th day of March 1845.
John W. Rhoades (X his mark) (Seal)
Signed, sealed & acknowledged as the last will and testament of him the said Jno. W. Rhoades in presence of Witnesses
John T. Earley
James T. Earley
In a Court held for Albemarle County the 7th Sept. 1846
This Instrument of writing preporting to be the last will and testament of Jno. W. Rhoades dec'd was this day produced into Court and proved by the oaths of Wm. Crenshaw and John T. Earley two subscribing witnesses thereto and ordered to be recorded.
Teste: Ira Garrett CC