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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