Will 1831
Archive: Major Thomas Massie (1747-1834) Legal Records | Identifier: Massie Family Papers, 1767-1993, Virginia Museum of History & Culture, Virginia Historical Society, Mss1 M3855 g, Box 1, Section 5
- Title
- Will 1831
- Archive
- Major Thomas Massie (1747-1834) Legal Records
- Identifier
- Massie Family Papers, 1767-1993, Virginia Museum of History & Culture, Virginia Historical Society, Mss1 M3855 g, Box 1, Section 5
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Page 1st I Thomas Massie (from my Register) was born in New Kent County Virginia on the 11th day of August 1747 Old Style, Do hereby hereby make & ordain this my last Will & Testament. In the first place I confirm a good right & title to all the property, of every description, & of every kind whatever, that I have heretofore given to my three Sons, viz, Thomas, William and Henry Massie, and have placed in their possession, I give & confirm unto them, all claims that I have against them, on open accounts, on notes, on Bonds, on claims of every description, that I have against them, to this time, agreeably to the date hereof, I give unto my Son William Massie the place called Rock Farm, including five distinct Tracts of Land containing 430 Acres more or less, Viz, Beginning at the Junction of Pocs Creek, (so called) with Rockey Run, Thence running to the nearest part of the Tract of Land of 32 Acres, that I obtained a patent for in 1826, and with the lines of that Tract, to the line of the Land in the possession of Samuel Allen & Sisters, Thence on the back lines of a Tract of Land, nearest the mountain on Pocs Run, containing 48 Acres, Patented to James Brown in the year 1771 - Also another Tract adjoining of 200 Acres - patented to James Brown the same year of 1771 - likewise another Tract of Land of 50 Acres, granted to Joseph Allen as pr patent bearing date in July 1768, and lastly the fifth tract of Land, of One hundred Acres, granted to George Hight Senr, and conveyed by Deed to the Subscriber Recorded June 28th 1812,
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NB. The lines to run around the Back of all the aforesaid five Tracts of Land, inclusively to the beginning at the Junction of Poes Creek with Honey Run, I give unto my Son William Massie my two Lots of Land in the Piney Woods, in this County, lying between Rose Isle, & Rose Mills, as laid off for the late Robt Rose & Henry Rose, & containing Seventy Acres each, I give the said two fine Lots to my Son William & his Heirs forever, I give unto my Son Thomas Massie my two Lots of Land at Newmarket, in this County with all the improvements thereof to Him & his Heirs forever, — I give unto my five Grand Daughters, To Wit, Sarah Stanly, Sarah Goode, Mary L Pleasants, Eugenia Massie, & Juliet Massie the sum of three thousand dollars each, To be taken from my Stock in the Bank of Virginia, or the amount thereof in Cash if prefered by my Executors. I give to my five Grand Sons, To Wit, William Massie & Waller Massie the Sons of my Son Thomas — To Henry Massie, Jr & Thomas Massie, the Sons of my Son Henry Massie, To Thomas Massie the Son of my Son Wm Massie, the sum of four thousand dollars each, to be taken from my Stock in the Banks, or be paid Them by my Executors in cash, (if prefered) at the rate of four hundred dollars pr year to each, until Each arrives at Lawfull Age, when the full amt left him shall be paid, — I also give unto my aforesaid five Grandsons all my Land whatever, above Rock Farm, [that I have given to my Son William already on the great Mountain, — To Wit, including the Crab-Tree Tract purchased of Landon Cabell, Senr, Shoe Creek & Air Gates Tracts, purchased of George Hight Senr, also three other small Tracts adjoinsing, surveyed in my Name, in right of Locations prior to the Survey of Nicholas's large Tract, and transfered to me by John Smith, and George Hight Senr, The Cluster of Tracts also, seperate from the Crab Tree Tracts, To Wit, The Land purchased of John Smith, The Campbell, The several Tracts purchased of Edmund Davis, The Tract of James Campbell Senr, (The Tract of Siez, of John Porter &c, — also all the Small Tracts intermixed & adjoining the (above said Lands that have been located & surveyed in my name are included, and the Land on the Turnpike Road purchased of James Montgomery, also the Tract purchased of John & Peter Jacobs, (except one thousand Acres of the last Tract, called Montebello, the lower part I give unto my Son Wm Massie & his Heirs forever, — I also give unto my Son Wm Massie the Small Tract of Land & Plantation, I have on Tye River adjoining his Land below, (The place I call the Sawpit, or lately Sing point,) The said Tract contains by a plat I have with my Land papers, 264 Acres, I give the said Land & Plantation, to my Son William & his Heirs forever, I give unto my Son Thomas my Land on the oposite side of the River, called the Three Springs, The Tract contains by an Old Survey 686 Acres, I also give unto my said Son Thomas the Tract of Land below adjoining, that I purchased of Landon R Cabell & Co, containing 234 Acres, The said two Tracts of Land I give unto my Son Thomas Massie & His Heirs forever, The Tract of Land whereon I now live I give unto my Wife during Her Widdowhood, or single life, with the use of on
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Third of the Slaves I may possess, with one third of the Stocks that may be on the Plantation at my decease, With the use of all the House hold furniture &c that I Estimate at more than one thousand dollars, She may retain Her choice of the use of one third of the plate, that is in the House, that I estimate at about one thousand dollars, The other two thirds I give equally to my two sons Thomas & William to be equally divided, The Stores of every discription whatever I give to my Wife, but as there are many articles on the place that are useless to her, I direct a sale thereof of such articles the proceeds for Her benefit, After my death I desire my two Sons Thomas & William to take possession of the money that may be in the House, with Bonds notes &c &c, which are to be considered as Joint Stock belonging to the Estate, (except) one thousand dollars, I give to my Wife, and two thousand dollars to each of my two sons Thomas & William, — My wish & desire is that my Son William may take the charge & care of the Mill, until his Mothers decease, and pay his mother one third of the next proceeds thereof, if any, — during Her life, or Hiddowhood, — I leave unto my Son Henry Massie the sum of five thousand dollars, One thousand dollars thereof to be paid him annually omission inserted on the left margin (Note the first payments of all my legacies are to commence the first of the new year thereafter ensuing) I also give unto my Son Thomas Massies two infant Sons, Hen, Patrick & Paul, the sum of two thousand dollars each, and to my Son Williams Daughter Ellie the sum of two thousand dollars, the payments to be made two hundred dollars annually until the whole be paid, After the decease of my Wife I do hereby give the whole of the Tract of Land whereon I now live, unto my Two Sons Thomas & William, to be divided into two equal parts (as to Acres) — by a line or lines, beginning at the lower corner of the Land I bought of the Heirs of Nathaniel Hill deceased, likewise the corner of Dickeys & Jenkins's Land Thence running with the line of Jenkins up the mountain, & over, on the line of the Land I bought of John Jacobs — direct to Castle Creek or Rocky run, and down the Creek to cross over below the lowest line of fence, of the Field on the opposite other side, and in a direction with that line to the road, Thence in a direction to enclose the Mill and improvements in the lower part, considerably above the Mill dam, to the River, from thence across, or above, or below the Island, as it may be found necessary to make the division of the two tracts equal} as to the number of Acres, The lower part of the Tract including the Mill & Improvements about it, I give unto my Son Thomas & His Heirs forever, The upper part of the Tract with the Dwelling House &c &c, I give unto my Son, with all improvements thereon, to my Son William & His Heirs forever,) All my Slaves after the decease of my Wife, with all the Stocks of every discription, with Waggons, carts, plantation Tools, &c &c, that may belong to the Estate, with household furniture, Silver plate &c &c — and whatever properly belongs to the Estate, I direct may be sold, and the proceeds be equally divided, between my two Sons Thomas & William, unless my said two Sons should agree on a division between Themselves — <I leave unto his good Wife, the sum of £300 & 100 Sterlg> <She annually>
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I do hereby appoint my two Sons, Thomas Massie, and William Massie, my Executors, to this my last Will & Testament, also my Friend George Williams of Heat Creek, in the event of my Friend George Williams qualifying, & acting, I give & bequeath unto him, the sum of five hundred dollars, Lastly I desire that after my Decease, the body may be kept above ground two days, or longer, if putrefaction does not ensue, that the corpse may be decently buried, in a good sound strong & plain coffin, without ostentation, nor do I desire that any Person shall be employed, to preach a funeral sermon on the occasion, a decent interment after a short ceremony in the presence of a few Friends, will be sufficient, but I direct that a plain, sound, strong, smooth stone of sufficient size to cover the grave, be laid thereon, with an engraving mentioning the place of my Nativity, & time of Decease, The foregoing I desire to be my only & Last will & Testament, This 22nd day of August 1831 — the day on which I commence my 85th year, Given under my hand & seal, Sept 1st 1831 — Thomas Massie Codicil, — It has been, & is my intention, should it ever become convenient & easy to me, to arrange & correct the language &c of the foregoing Will, by making it more explanatory &c, which will probably be done if my eye sight & health improves, however I now say, that the number of Tracts of Land on the Great Mountain that I have bequeathed to my five Grandsons, shall be equally divided into five lots, Lots , as nearly as practicable and the choice of Lots be drawn for among Them, my Will also is that if either of the pair of Brothers, should die before He is legally =ried, or arrives to Lawfull age then the surviving Brother shall inherit his part, In witness hereto I set my hand &c this 30th of November 1831 — Thomas Massie
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I Thomas Massie (from my register) was born in New Kent County Virginia - on the eleventh day of August 1747: old style — Do hereby make and ordain this my last Will and Testament. In the first place I confirm a good right and title to all the property of every description and of every kind whatever, that I have hitherto given to my three sons, viz Thomas, William, and Henry Massie and have placed in their possession — I give and confirm unto them all claims that I have against them on open accounts, on notes, on Bonds, on claims of every description that I have against them to this time, agreeably to the date hereof. I give unto my son William Massie the place called Rock Farm, including five distinct tracts of land containing 430 acres, more or less, vizt. Beginning at the Junction of Poes Creek (so called) with Rocky run — thence running to the nearest part of a tract of Land of 32 acres, that I obtained a patent for in September 1826, and with the lines of that tract, to the line of the land in the possession of Samuel Allen and sisters — Thence, on the back lines of a tract of Land nearest the Mountain on Poes run containing 48 Acres patented to James Brown in the year 1771 — also another tract adjoining of 200 acres patented to James Brown the same year 1771 Likewise another tract of Land of 50 acres, granted to Joseph Allen as pr. patent bearing date in July 1768 — and lastly the fifth tract of land of One hundred acres granted to George Haight Sen., and conveyed by Deed to the subscriber, recorded June 28th. 1812 — N.B. The lines to run around the back of all the aforesaid Five tracts of land inclusively to the Beginning, at the junction of Poes Creek with Stoney Creek — I give unto my son William Massie my two lots of Land in the Piney woods, in this County, lying between Rose Isle and Rose Mills, as laid off for the late Robert Rose and Henry Rose as containing seventy acres each — I give the said Two pine lots to my son William Massie and his heirs forever. — I give unto my son Thomas Massie my two Lots of Land at New Market in this County with all the improvements thereon to him and his heirs forever — I give unto my Five Grand Daughters To wit: Sarah Stanley, Sarah Goode — Mary L. Pleasants — Eugenia Massie and Juliet Massie the sum of Three thousand Dollars each To be taken from my Stock in the Bank of Virginia, or the amount thereof in cash if prefered by my Executors — I give unto my Five Grand Sons — To Wit — William Massie and Waller Massie the sons of my son Thomas — To Henry Massie Junr. and Thomas Massie the sons of my son Henry Massie — To Thomas Massie the son of my son William Massie. The sum of Four thousand dollars each, to be taken from my Stock in the Banks, or be paid them by my Executors in cash, if prefered, — at the rate of Four hundred dollars pr. year to each, until each arrives at lawful age, when the full amount
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left him shall be paid. — I also give unto my aforesaid Five Grandsons — all my lands whatever, above Rock Farm, (that, I have given to my son William already) — on the great mountain — To wit — Including the Crab Tree tract purchased of Landon Cabell Senr. Shoe Creek and Air Gap Tracts purchased of George Height Senr, — also three other small tracts — adjoining — surveyed in my name in right of locations, prior to the survey of Nicholas large tract, and transferred to me by John Smith and George Height Senr. The cluster of Tracts also separate from the Crab Tree Tracts — To wit — The land purchased of John Smith — The Campbells — The several Tracts purchased of Edmund Davis — The tract of James Campbell Junr. — The tract of Seig — of John Porter & also also all the small tracts intermixed and adjoining the aforesaid Lands, that have been located and survey — in my name are included — And the Land on the Turnpike road purchased of James Montgomery, also the tract purchased of John & Peter Jacobs (except One thousand Acres of the last tract called Montebello, the lower part I give unto my son William Massie and his heirs forever) — I also give unto my son William Massie the small tract of Land and Plantation I have on Tye River adjoining his land (the place I call the Saw pit) or lately Snug Point — The said tract contains by a plat I have with my land papers 264 Acres — I give the said land and plantation to my son William & his heirs forever — I give unto my son Thomas Massie my Land on the opposite side of the River called the three Springs — the tract contains by an old Survey 686 Acres — I also give unto my said son Thomas the tract of land below adjoining, that I purchased of Landon R. Cabell & use — containing 234 Acres, the said two tracts of land I give unto my son Thomas Massie and his heirs forever — The tract of Land whereon I now live I give unto my wife during her Widowhood or single life with the use of one third of the Slaves I may possess — with one third of the Stocks that may be on the plantation at my Decease — with the use of all the Household Furniture &c. that I estimate at more than one thousand dollars, She may retain her choice of the use, of one third of the plate, that is in the house, that I estimate at about One thousand dollars — the other two thirds I give equally to my two sons Thomas and William, to be equally divided — The Stores of every description whatever, I give to my wife, but as there are many articles on the place, that are useless to her, I direct a sale thereof, of such articles, the proceeds for her benefit — After my Death, I direct my Two sons Thomas and William to take possession of the money that may be in the House, with Bonds, notes &c. &c. which are to be considered as Joint Stock belonging to the Estates (Except.) One thousand dollars (I give to my wife) and Two thousand dollars to each of my Two sons, Thomas and William. My wish and desire is that my son William may take the charge and care of the Mill, until his mothers decease,
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and pay his mother one third of the nett proceeds thereof, if any, during her life or widowhood. I leave unto my son Henry Massie the sum of Five thousand Dollars, one thousand dollars thereof, to be paid him annually, — I leave unto his good wife the sum of Five hundred dollars — one hundred Dollars thereof to be paid her annually. (Note the first payment of all my Legacies, are to commence the first of the new Year thereafter, ensuing) — I also give unto my son Thomas Massie two Infant sons, To Wit — Patrick and Paul, the sum of Two thousand Dollars each — and to my son Williams Daughter Ellen the sum of Two thousand Dollars — the payments to be made Two hundred dollars annually until the whole be paid. After the Decease of my Wife, I do hereby give the whole of the tract of Land whereon I now live unto my two sons Thomas and William to be divided into two equal parts (as to acres) by a line or lines Begining at the lower Corner of the land I bought of the heirs of Nathaniel Hill deceased, likewise the Corner of Dickies, and Jenkins land — Thence running with the line of Jenkings up the mountain — and over, on the line of the land I bought of John Jacobs, direct to Castle Creek, or Rocky Run, and down the Creek to cross Over below the lowest line of Fence of the Field on the other side — and in a direction with that line to the Road — Thence in a direction to enclose the Mill and Improvements in the lower part considerably above the Mill Dam, to the River. From thence across — or above — or below the Island, as it may be found necessary — to make the division of the tract equal as to the number of acres — The lower part of the tract, including the Mill and Improvements about it, I give unto my son Thomas & his heirs forever — The upper part of the tract with the Dwelling House &c. &c. I give unto my son with all Improvements thereon, To my son William and his heirs forever — All my slaves — after the Decease of my Wife, with all the Stocks of every description, with Wagons — Carts — Plantation Tools, &c. &c. that may belong to the Estate, with Household Furniture — Silver plate &c. &c. and whatever properly belongs to the Estate I direct may be sold and the proceeds be equally divided between my two sons Thomas & William unless my two said sons should agree on a division between themselves — I do hereby appoint my two sons Thomas Massie and William Massie, my Executors to this my last Will and Testament, also my friend Geo. Williams of hat Creek (in the event of my Friend George Williams qualifying and acting, I give and bequeath unto him the sum of Five hundred Dollars — Lastly I desire that after my decease the Body may be kept above ground two days or longer if putrefaction does not ensue — that the Corpse may be decently buried in a good, sound, strong and plain Coffin, without ostentation — nor do I desire
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that any person shall be employed to preach a funeral sermon on the occasion, a decent interment, after a short ceremony, in the presence of a few friends, will be sufficient — but I direct that a plain, sound, strong, smooth stone of sufficient size to cover the grave, be laid thereon — with an engraving mentioning the place of my nativity and the time of disease — The foregoing I declare to be my only and last Will and Testament — this 22d day of August, 1831, the day on which I commence my 85 year — Given under my hand and seal Sept. 1st. 1831. Thomas Massie Sr. Codicil. It has and is my intention — should it ever become convenient and easy to me — to arrange and correct the language &c. of the foregoing Will — by making it more explanatory &c. — which will probably be done, if my eye sight & health improves — however, I now say, that the number of Tracts of Land on the Great mountain — that I have bequeathed to my Five Grandsons shall be equally divided, into Five lots — as nearly — as practicable — and the choice of the lots to be drawn for among them — My Will also is, that if either of the pair of Brothers should die before he is legally married — or arrives to lawfull age — then the surviving brother, shall inherit his part — In witness hereto — I set my hand &c. November the 30th — 1831. — Thomas Massie At a Court held for Nelson County, the 24th day of February, 1834. An instrument of writing, purporting to be the last Will and Testament of Thomas Massie Senr. deceased, was this day produced in said Court, and Spotswood Garland, William Hill, William J. Mayr, George Vaughan and John Hill being sworn say that they are well acquainted with the hand writing of the said Thomas Massie decd, and that they verily believe the said instrument of writing and the signatures thereto, to be in the hand writing of the said Thomas Massie, and thereupon the said Will and Codicil thereto annexed, are ordered to be recorded. And on the motion of Thomas Massie Junr. and William Massie, two of the Executors named in said Will, who personally appeared in Court and made oath, and the said Thomas Massie, with William Massie, Thomas S. McClelland and Mayo Cabell his securities, and the said William Massie with Robert Rives his security, having entered into and acknowledged their several bonds in the penalty of Two hundred and forty thousand dollars each, with the conditions required by law, certificate is granted them for obtaining probat of said Will in due form. Teste. Sp: Garland, clk. A Copy. Teste. Sp: Garland, clk.
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At a Court held for Nelson County, the 24th day of February 1834. An instrument of writing, purporting to be the last Will and testament of Thomas Mapie deceased, was this day produced in said Court for probat, and Spotswood Garland, William Hill, William J. Mays, George Vaughan and John Hill being sworn, say, that they are well acquainted with the hand writing of the said Thomas Mapie Senr. deceased, and that they verily believe the said instrument of writing, and the signatures thereto, to be in the hand writing of said Thomas Mapie Senr. deceased; and thereupon, the said Will, with the codicil thereto annexed, is ordered to be recorded. and on the motion of Thomas Mapie Jr and William Mapie, two of the Executors named in said Will, who personally appeared in Court and made oath and the said Thomas Mapie Jr. with William Mapie, Thomas S. McClelland and Mayo Cabell his securities, and the said William Mapie, with Robert Rives his security, having entered into and acknowledged their several bonds in the penalty of Two hundred and forty thousand dollars, each, with the conditions required by Law, certificate is granted them for obtaining probat of said Will in due form. Teste, Sp: Garland Ch. A Copy Teste Sp: Garland Ch. We Thomas Mapie Jr and William Mapie the Executors of Thomas Mapie Sen did, named in the foregoing copy of an order of Court, of the County Court of Nelson County in the State of Virginia having cause to believe that our testator was entitled in his life time either from the Commonwealth of Virginia or from the Federal government, for his services during the War of the Revolution as a Major of the Virginia line on Continental establishment, either to half pay for life, promised certain offices for certain services, by both the said Governments, or to the Commutation pay in lieu thereof promised by the Congress of the United States, together with interest thereupon: We have and do hereby constitute and appoint John Thompson Jr of Amherst Court House Va our true and lawfully in fact to collect from the offices both State and federal all the evidences of the said services of our said ancestor and testator, and for that purpose we request all persons in charge of any of the offices either State or federal, containing or supposing to contain any evidence in support of the said claim to, furnish to the said Thompson, copy of all such. And the said Thompson our attorney as aforesaid is also hereby fully authorised to prepare a petition or Petition to the Congress of the United States and to present the same, and if necessary and it be required by the rules of the house in which
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it is presented, to sign our names as petitioners for compensation, for the said services of our said lecturer. In testimony of all which we have signed our names sealed with our seals and dated this 24th day of November 1835 Sealed and delivered in presence of — Copy Certificated of the Crs of the Magistrates of the Magistrates Hem Massie Thos. Massie