The Will of
William Henry Rodes
Nelson County, Virginia
In the name of God Amen. I William Henry Rodes of the County of Nelson & State of Virginia, being in feeble bodily health but of sound disposing mind memory & understanding considering the certainty of death and the uncertainty thereof and being desirous to settle my affairs before it shall please God to call me hence, do make and ordain this my last will and testament in manner and form following.
First and principally, I commit my soul to God who gave it and my body to the earth to be decently buried – and as to my worldly estate, I do devise & dispose of the same as follows.
Item the first - I give & devise unto my brother Benjamin F. Rodes the one half of my share or interest in the tract of land on which I now reside. My said interest being the one third of said tract the one half of which third I give unto my said brother to him and his heirs forever.
Item the second – I give and devise unto my said brother Benjamin F. Rodes the one half of any money or claims that may be coming to me in the hands of John H. Rodes ex'r of my father deceased, that is the one half that me be due me when the estate shall be settled – also the one half of my horses & stock and the half of my household & kitchen furniture to him & his heirs forever.
Item 3rd – I give and devise unto my friend doctor Iverson S. Twyman of Amherst County the other half of my third part of the tract of land on which I live, also the other half of the money or claims in the hands of John H. Rodes, ex'r of my father on settlement of the estate and also the other half of my horses & stock and half my household and kitchen furniture to him and his heirs forever.
Item the 4th – I give and devise unto my brother the said Benjamin F. Rodes the one half of all the lands which I have inherited from the estate of my uncle Thomas Hopkins, dec'd in the states of Kentucky, Tennessee, and some of the other Western States – including my half of houses & lots inherited from the same to him & his heirs forever.
Item the 5th – I give & devise unto my friend the said Iverson S. Twyman the other half of all the lands which I have inherited from the estate of my uncle Thomas Hopkins dec'd in the states of Kentucky, Tennessee & some of the other western states, including my half of houses & lots interested from the same to him & his heirs forever. By the word inherit in the two last items I mean my share of the lands & lots in said Hopkins' Estate as one of his distributees – my said uncle was a resident of Tennessee.
Item the 6th – I also give & devise unto my said brother Benjamin F. Rodes and my friend Dr. Iverson S. Twyman my share of the slaves, money & other personal property in the estate of my said uncle Thomas Hopkins dec'd equally between them to them & their heirs forever.
Item the 7th – I give & devise unto my said brother Benjamin F. Rodes and my friend Dr. Iverson S. Twyman my half of an Island of land in the state of Tennessee and in Tennessee river known by the name of Folly Island lying at or near the junction of the Hiwasse river with the Tennessee river and which Island was conveyed unto me & James H. Rodes by our father Charles Rodes by deed in his life time which half of said Island I give unto my said Brother Benjamin F. Rodes and my said Friend Dr. Iverson S. Twyman to them & their heirs forever.
Item the 8th – I particularly devise & direct that all my just debts be paid in the first place out of my Estate and lastly I do hereby nominate constitute and appoint my said Brother Benj. F. Rodes and my said Friend Dr. Iverson S. Twyman ex'r of this my last will & testament in writings whereof I here unto set my hand & seal this eighteenth day of July eighteen hundred & forty two.
William Henry Rodes (Seal)
John B. Spiece X
Royal McCaul X
John A. Harris X
TRANSCRIBER'S NOTE: This will was presented as evidence in a chancery suit in Nelson County, VA in 1852 brought by the children of Charles Rodes, Sr. It states that this was a copy of the will of William Henry Rodes (dec'd) but I haven't yet found if/when this was produced into court and ordered to be recorded.