Will of Joseph Shelton, 1784 - LOUISA COUNTY, VA
OCTOBER 11, 1784
Pg. 29
In the name of God amen I Joseph Shelton of Louisa County being in health and
good understanding at present considering the uncertainty of human life make
this my last Will and testament to dispose of my estate in manner following;
Viz. I resign my soul as ----- to God who gave men to obtain as I hope a
happy immortality. My Will is that all my debts regularly discharged in the
first plan. I give and bequeath to my brother David Shelton and to his heirs
forever all my tract of land in Goochland County called wild bow creek, with
all the cattle, horses, cows, hogs and other utensils and appurtenances
thereunto belonging.
Item - I give unto my brother Samuel Shelton forever my tract of land in
Goochland on licking hole branch with all the horses, cows, hogs with all
other utensils and appurtenances there to belonging.
Item - I give to my brother William Shelton and to his heirs for ever my
tract of land in Louisa County upon Owens Creek with all the cows, horses,
hogs and other utensils and appurtenances thereto belonging.
Item - I give to my brother Johns’ son William and to his heirs forever my
tract of land in Louisa County called the horse shoe with all the cows,
horses, hogs and the utensils and appurtenances thereto belonging. Also two
hundred pounds current money of Virginia.
Item - I give to my brother Johns son, John Shelton, Jr. after my decease and
the decease of
my sister Mary Truehart my tract of land in Hanover County on Tolapolamoy(?)
creek to him and to his heirs forever with all the cattle, horses, hogs and
all other utensils and appurtenances thereto belonging.
Item - I give Sister Mary Truehart the last above mentioned tract of land in
Hanover during her widowhood or during her natural life with twenty head of
cattle, and twenty head of hogs, two good plough horses and the following
Negroes; Viz. Henry Wh---- and his wife Sary and her increase Bristol Parker
a young fellow, Jane Solamon --- ---- Moses, and the children of Sarah above
named. But if my Sister Truehart shall marry then immediately the above
tract of land with all the cattle, horses, hogs and other appurtenances
thereto belonging shall belong to my brothers son, John and to his heirs
forever.
Item - I give household furniture to be equally divided between my brother
William Shelton and John Shelton and my brother Johns son.
Pg. 30
Item I give and bequeath all my Negroes, young and old, at all my
plantations above named to be equally divided between my three brothers;
David, Samuel and William, and those tent. to Sister Trueheart also after her
death or widowhood to them and to their heirs forever.
Item I give to the oldest daughter of Patrick Henry, when she comes to age
or marries, fifty pounds currency and if she die before, to her next sister.
Item I give to Mr. McClanehan who married brother John’s daughter fifty
pounds currency.
Item I give and bequeath to Mr. Rev. Jn. Todd and to his heirs forever
thirty pounds currency.
Item It is my will also that in case my brothers sons, John and William
Shelton Jr., should either of them die before marriage or without issue then
the above legacy left to one shall fall to the other brother. And should
both die without such lawful issue or marriage then the legacy left them
shall be equally divided between my 3 brothers David, Samuel and William
Shelton and their heirs forever.
Lastly, I appoint my brothers, David, Samuel and William to be executors of
this my last Will and Testament, revoking all other Wills heretofore made and
holding this to be my last Will and Testament. In witnesses whereof I have
here unto set my hand and seal this 20th day of September 1784
Joseph Shelton
Witnesses: Samuel L. Sampson
George Tolor
William Shelton Jr.
At a Court held for Louisa County on Monday 10th of October 1784. This Will,
this day presented in open Court by David Shelton, Samuel Shelton and William
Shelton, Executors ------ named and was proved by the oaths of George Tolor
and William Shelton Jr. Two of the witnesses ---- to who likewise declared
that they saw Samuel L. Sampson, the other witness, sign his name as such at
the request of the said Decedent and on the motion of the said Executors, who
made oath according to Law. Certificate is granted. Therefore obtaining a
probate move in due form giving security who together with John Shelton,
James Watson and Waddy Thompson Gent. Their securities enclosed into and
acknowledged their Bond in the penalty of twenty five thousand pounds.
Pg. 31
With conditions according to Law and it is ordered that John Shelton of
Hanover County the heir at Law to the said descendent be summoned to appear
at the next Court to contest the validity test of the said Will if he thinks
fit.
And at a Court held for the said County the 13th day of December 1784, it
appearing to the Court by the oath of Robert Shelton that he presented a copy
of a subpoena to John Shelton, heir at Law to Joseph Shelton, deceased and
also by return from the Sheriff of Hanover it appears that he had left a copy
of subpoena directed to him at the house of the said John Shelton, although
legally summoned, failed to attend to contest the validity of the said Joseph
Shelton, deceased, Will on the motion of David, Samuel and William Shelton,
Executors ------ named and the said Will being proved the same being legal
for proved by the oaths of George Tolor and William Shelton Jr. the said Will
is by this Court ordered to be recorded.
Know all men by those present that we, David Shelton, Samuel Shelton, William
Shelton, John Shelton, James Watson and Waddy Thompson are held and firmly
bound unto Samuel Ragland, Gentleman, the first Justice in the Commission of
the Peace, for Louisa County for and in ---- and to the sole use and ---- of
the said Justice of this County, and their successors in the sum of twenty
five thousand pounds, current money to be paid to the said Samuel Ragland,
his Exec. Admin. or assignees to the which payment will and truly to be made.
We bind ourselves and ----- of us --- and ----of our lives escrow. Admin.
----- and severally firmly by those present sealed. With our seals and dated
this 11th day of October anno domini 1784. The condition of this
obligation is such that if the above bound; David Shelton, Samuel Shelton,
William Shelton, Executors of the last will and testament of Joseph Shelton,
Deceased, do make or cause to be made a true and lawful inventory of all and
singular, the goods and chattels and ---……..
pg. 32
credits of the said Deceased which have or shall come to the hands,
possession, or knowledge of the said David Shelton, Samuel Shelton and
William Shelton or into the hands and possession of any other person or
persons for them and the ---- so made do exhibit into the County Court of
Louisa at such time as they shall be ---- unto ---- by this Court and the
same goods and Chattels and credits and all other the goods, chattels and
credits of said deceased, which at any time after shall come to the hands,
possession or knowledge of this; David, Samuel, and William Shelton or into
the hands and possession of any other person or persons for them do will and
truly administer according to Law and further do make or just and true
account of their actions and doings therein when -------required by this said
Court and also shall well and truly pay and deliver all the legacies
contained and specified in this said testament as far as this said goods,
chattels and credits. Will extend and the Law shall charge those this
obligation to by voice and of ---- effect or else to remain in full force and
-----.
Sealed and delivered in presence of:
David Shelton - seal
Samuel Shelton - seal
William Shelton - seal
John Shelton - seal
James Watson - seal
Waddy Thomson - seal
At the Court held for Louisa County 11th day of October 1784. This bond was
this day in open Court acknowledged by David Shelton, Samuel Shelton, William
Shelton, John Shelton, James Watson, and Waddy Thomson to be their act and
deed and by the Court is ordered to be recorded.