Howell Lewis

• General Notes
  • Will of Howell Lewis
    
    In the name of God Amen. I Howell LEWIS of the County of Albemarle and State of Virginia do hereby make this my last will and testament revoking all other wills and testament heretofore made by me. Item 1st I wish all my just debts paid off as soon as possible. Item 2nd I lend to my beloved wife Mary LEWIS during her natural life all my estate both real and personal. Item 3rd after the death of my beloved wife Mary LEWIS as aforesaid all my estate both real and personal I wish and do hereby will to be sold for cash so on a seasonable credit as my executors hereafter named may think best and the proceeds thereof to be divided among the following persons viz: Mary H. HARRIS wife of Clifton HARRIS (in trust) in the hands of my two sons. Thos. F. LEWIS and Jas H. LEWIS and my friend Jno L. THOMAS as to be taken possession by them and be used and appropriated by them to the sole use and purpose of supporting my daughter Mary H. HARRIS wife of Clifton HARRIS as aforesaid and her children in any way and manner they in their judgement may think proper from time to time for the comfort and support of my said daughter Mary H. and her children aforesaid during the life of my said daughter and at her death to be equally divided (if anything is left) among her children - Thos F. LEWIS my son Jas H. LEWIS my son and also Jane E. JONES my granddaughter who was Jane E. TALIAFERRO the daughter of my daughter Ann Caroline TALIAFERRO who married Fletcher TALIAFERRO (my daughter Ann C. having departed this life) dividing between them two the said Jane E. JONES & Charles L. TALIAFERRO one fifth of my estate. To my grandchildren by my daughter Sarah M. HARRIS who is now dead and who married Ira HARRIS I give an equal part of my estate being one fifth upon the following condition - Whereas I am informed that a good many years since that my son Thos F. LEWIS became security for Ira HARRIS father of the above children by Sarah M. my daughter in a bond executed by the said Ira HARRIS to a certain Marshall DURRETT who is now dead and there being a balance due and unpaid of that bond between $900 & 100$ which my son Thomas F. LEWIS is bound with the said Ira HARRIS to the executor or representatives of said Marshall DURRETT decd and which in all probability he the said Thos F. LEWIS is my son may have to pay If therefore in the event he the said Thos F. LEWIS should have to pay the same with additional interest as cash which hereafter may occur on said bond (it being in suit)as any past thereof he may have to pay - in that case the property which I have already willed to my grandchildren by my daughter Sarah M. HARRIS decd formerly the wife of Ira HARRIS and father of the children by my daughter Sarah M. HARRIS decd is to be held liable by my executors as so much of it as will be amply sufficient to pay to my son Thos F. LEWIS his heirs executors administrators and assignes and any amount which he may have to pay (if anything) is the ___ as distributers of Marshall DURRETT decd in consequence of his having become security for the said Ira HARRIS to the said DURRETT - To carry this my last will and testament into office I appoint my wife Mary LEWIS executrix and my sons Thos F. LEWIS & Jas H. LEWIS and my friend Jno L. THOMAS my executors. In testimony whereof I have to this my last set my hand and seal and subscribe my name this the 13th day of September one thousand eight hundred and forty four. H. LEWIS (seal)
    
    Signed sealed published and ____ by the testator Howell LEWIS as & for his last will and testament in the presence of us who in his presence and at his request have hereunto signed our names as witnesses thereto: Dalney CAN, Jno D. CAN, Samuel D. CAN, J. L. THOMAS
    
    In a court held for Albemarle County the 2 day of August 1845 This instrument of writing purporting to be the last will and testament of Howell LEWIS deceased was this day brought into court and proved by the oaths of D. CAN and Samuel D. CAN two of the subscribing witnesses thereunto was therefore ordered to be recorded and on the motion of Thomas F. LEWIS and James H. LEWIS two of the executors therein named who made oath and together with Gabriel L. HASPER, Benjamin WORD and William WOODS their securities entered into and acknowledged a bond in the penalty of sixteen thousand dollars conditioned as the law directs certificate is granted the said Thos F. LEWIS and James H. LEWIS for obtaining letters testamonting on this estate of the said Howell LEWIS deceased in due form
    
    State of Virginia Albemarle County to wit, I Ira GARRETT clerk of the county court of Albemarle county in the State of Virginia do hereby certify that the foregoing will and order there under written are hereby copied from the record of said court as fully and wholly as the same now exists therein. I further certify that Thos F. LEWIS and James H. LEWIS above mentioned are still the acting executors of Howell LEWIS decd. In testimony whereof I have here unto set my hand and affixed the seal of said court this 26 day of December in the year of 1859. Ira GARRETT CC
    
    State of Virginia Albemarle County to wit, I John J. BANCOCK the presiding Justice of the county court of Albemarle County in the State of Virginia do certify that Ira GARRETT is clerk of the said court duly elected and qualified and that his attestation is in due form.. Given under my hand this 26 day of December 1859. J. J. BANCOCK PJ
    
    State of Virginia Albemarle County to wit, I Ira GARRETT clerk of the county court of Albemarle County in the State of Virginia do hereby certify that John J. BANCOCK who has signed the above certificate is the presiding Justice of said court duly commissioned and qualified and that his certificate is in due form. In testimony whereof I have hereunto set my hand and affixed the seal of said court this 26 day of December in the year 1859. Ira GARRETT CC
    
    State of Kentucky Lyon County: I A H. DUDLEY Clerk of the county court ___ the aforesaid do certify that at a county court begun and held for said county on Monday the 23 day of April 1860 the foregoing instrument of writing purporting to be an authenticated copy of the last will and testament of Howell LEWIS decd late of Albemarle County Virginia and the same is ordered to be recorded as a will of ___ estate Whereupon I have truly recorded the same with the certificate thereto with the certificate in my office Given under my hand this 30th day of April 1860. A. H. DUDLEY, Clk