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Will of Francis Roberts
Charlotte Co., VA
1852/1864
Furnished by Kathy Liston and transcribed by JoLee Spears 3-22-01

See notes on this ROBERTS family.

This page was updated March 4, 2005

I Francis Roberts of the county of Charlotte and state of Virginia being of a sound and disposing 
mind and memory make this and ordain this my last will and testament in manner and form 
following
In the first place after the payment of all my just debts I will and bequeath to my son Joseph H. Roberts all the property I have heretofore given him and at the expiration of twelve months after my decease to receive Thirteen hundred Dollars as the full amount of his portion or legacy in my estate which I may die possessed of and to have no further share or interest in my monies or property real or personal which I may be possessed of at my death. 2ndly I will to my four unmarried sons now surviving namely Theodoric M., William T., Erasmus F., and Benjamin A. Roberts all the property I have heretofore given them and one sixth part each of the remainder of my estate at my decease after the foregoing provisions the first has been complied with to them and to their heirs forever. 3rdly I will to my Granddaughter Mary Jane Wilson (formerly Roberts) all the property heretofore given her and one sixth of the remainder of my estate at my decease after provision the first has been complied with to her and her children forever. 4thly I give to the five children of my deceased son George J. Roberts namely Edward A., George T., John A., Robert R. and Betty J. one sixth of the remainder of my estate at my decease after provision the first has been complied with to her and her heirs forever. 5thly I have in my possession three servants namely Minerva, Cephas, and Catherine which I have already disposed of in the following manner - Minerva to my son Benjamin A. Roberts, Cephas to my son Erasmus F. Roberts, and Catherine to Mary Jane Wilson (my grand daughter former Mary Jane Roberts) who are not included in my estate & if they are not delivered up before my decease I will them to them and their heirs forever. 6thly I desire that my servants be divided in such a manner that if either of the grown ones has a preference for any particular master that he or she may be gratified in that preference within the family. 7thly My grandson Francis G. Roberts having already received of me a Horse and saddle and having inherited a fine property from his father's estate I bequeath to him all that he has received and to have no share or portion of my estate at my death. 8thly My will and desire is that after my decease that there be no inventory or appraisement of my estate and that my executor hereafter to be named be not required to give security in Court. 9thly I constitute and appoint my four sons namely Theodoric M., William T., Erasmus F., and Benjamin A. Roberts and James R. Wilson Executors of this my last will and testament hereby revoking all former wills or testaments heretofore made by me at any time. In witness whereof I have hereunto set my hand and seal this the first day of September in the year of our Lord one thousand eight hundred and fifty two. Francis Roberts (Seal) in the presence of John J. Watson A. B. Roberts W. T. F. McCargo T. J. Mims Saml V. Elam Whereas I Francis Roberts of the County of Charlotte and State of Virginia have made and duly executed my last will and testament in writing bearing date the first day of September in the year of our Lord one thousand Eight hundred and fifty two now I do hereby declare this present writing to be a codicil to my said will and direct the same to be annexed thereto and taken as part thereof and I do hereby give and bequeath to my son Benjamin A. Roberts the boy John Wesley born to the girl Minerva since the date of said will said girl having been bequeathed to my said son Benjamin A. Roberts under article the fifth of said will together with all the future increase of said girl Minerva to him & to his heirs forever. And I do hereby revoke all former and other codicils by me made at any time heretofore In witness whereof to the present writing which I hereby declare to be a Codicil to my last will and testament bearing date the [blank] of September in the year of our Lord One thousand Eight hundred and fifty-two and which I direct to be added thereto and taken as part thereof. I have set my hand and seal, this the first day of April one thousand eight-hundred and fifty-six. Signed, sealed published and Francis Roberts (seal) declared by the said Francis Roberts as and for a codicil to his last will and testament in presence of Saml V. Elam T. J. Mims A. B. Roberts At a court held for Charlotte County November 7th 1864 The foregoing last will and testament of Francis Roberts decd with a Codicil annexed was this day produced in court by Theodorick M. Roberts one of the executors therein named and the said will and Codicil were proved by the oaths of Alexander B. Roberts and Thomas J. Mims two of the subscribing witnesses thereto and ordered to be recorded and At another Court held for Charlotte County December 5th 1864 The foregoing last will and testament of Francis Roberts decd was this day again produced in Court and Theodorick M. Roberts, Wm. T. Roberts, Erasmus F. Roberts, Benjamin A. Roberts and James R. Wilson the executors therein named having by writing duly acknowledged before a Justice of the peace refused to qualify as such on the motion of Joseph H. Roberts . . . [The last line did not copy/jgs]Furnished by Kathy Liston and transcribed by JoLee Spears.
 

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