Wills of Japheth Towler 1791/1798 and Elizabeth Towler
1818/1821
Submitted by Ed Dolan 3 Jun 1999
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WILL OF JAPHETH TOWLER
CHARLOTTE COUNTY, VA. WILL BOOK 1, pp. 438-39.
In the name of God Amen. I Japheth Towler of Charlotte
County and parish of Cornwall being sick and weak in body, but of
perfect mind and memory do make and ordain this my last will and
Testament, Towit: first and promptly of all I commend my soul to
God. And as for my body I commend it to the ground to be buried
in a Christian manner at the discretion of my executors, nothing
doubting that at the general resurrection I shall recieve the
same again by the mighty power of God. And as to my temporal
Estate I dispose of it in the following manner. Item the whole of
my estate both real and personal left to my beloved wife
Elizabeth Towler during Natural life or widowhood with power to
sell a slave or slaves in order to pay my lawfull debts or
reserve for the legatees. Other part of my slaves I hereby give
her full power by her will conform according to law; to manumit
any one, more or all the slaves now delivered to her by my will,
and also that may be born from her during her life; my children
to be educated at her discretion; also the young negroes taught
to read plain books of divinity at her discretion; should she
marry, the estate both real and personal to be divided, one third
of which she is to take, during her life, and after her decease
the said one third to the other two thirds then to be equally
divided amongst the legatees; the above two thirds during such a
division as above to remain in the hands of the Executors for the
legatees; continuing my wife the above authority of selling or
manumitting the slaves as above. I constitute and appoint my
beloved wife, Elizabeth Towler Executrix, Paul Carrington, [?],
Thomas Spencer Junr., Thomas Pettus and James Towler Executors to
this my last will and Testament. In witness whereof I have
hereunto I have set my hand and affixed my seal this twenty third
day of May one thousand seven hundred and ninety.
Tho. Pettus, Edm. Keeling [?spelling], Benj. Towler
At a Court held for Charlotte County the 3rd of January 1791.
This last will and Testament of Japheth Towler [?] was
Executed in Court by Elizabeth Towler the Executrix and Thomas
Pettus one of the executors therein named and the said Thomas
Pettus [re?] in open court the [?] of Executor of the said will
and the same was proved by the oath of the said Executrix who
made oath according to law, certificate is granted her for
obtaining a probate of the said Will, she giving security
whereupon she with Thomas Pettus, William Thweatt, and Henry Haly
[?spelling] her securities entered into and acknowleged their
bond for that purpose, reserving liberty to the other Executors
to join in the probat [?] of when they shall think fit.
Teste Thomas Read
At a court held for Charlotte County the 5th day of February
1798. Paul Carrington Gentleman one of the executors named in
this will came into court and renounced the burthen of the
execution of the said will.
Teste Thomas Read
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WILL OF ELIZABETH TOWLER
(Wife of Japheth. Family history records her maiden name as
Bradley, daughter of James and Elizabeth Bradley (county
unknown); no marriage record between her and Japheth has been
found).
(Charlotte Co. Will Book 5, p. 88)
In the name of God Amen. I Elizabeth Towler of Charlotte
County, calling to mind the uncertainty of life and the certainty
of death, think it proper to make, constitute and ordain this my
last will and testament in manner and form following.
To wit, Item 1st. I give and bequeath to my son Edward
Towler one tract of land containing fifty six acres which I have
purchased since the death of my husband as by reference to a deed
to me for the same by Charles Noell and wife [illegible] also one
third part of horses, cattle, sheep, and hogs, to him and his
heirs forever. Item 2nd. I lend to my daughter Elizabeth Collier
during her natural life one fifth part of my remaining estate,
and after her death to be equally divided between the lawful
heirs of her body. Item 3rd. The balance of my estate not herein
before devised both real and personal or whatever it may consist
of I wish equally divided between my four sons, James, William,
Luke and Edward, to them and their heirs forever. Item 4th. It is
my will and desire that each of the above named legatees, to wit,
James Towler, William Towler, Elizabeth Collier, Luke Towler and
Edward Towler should pay to my grandson Joseph B. Green ten
pounds Virginia currency which I give to him and my heirs
forever. Item 5th. I do not consider the heirs of my son Benjamin
Towler dec'd. legatees of this my last will and testament and I
do hereby (disannull?) all wills heretofore made by me. In
testamony whereof I have hereunto set my hand and affixed my seal
this twenty sixth day of September 1818.
Signed and delivered her
in presence of B.W. Lester Elizabeth X Towler
Richard Dabbs, Lewis Garnett mark
At a Court for Charlotte County the 4th day of June 1821
This last will and testament of Elizabeth Towler was presented
in Court the ? was proved by the oaths of Bryan W. Lester and
Lewis Garnett witnesses thereto and ordered to be recorded.
Teste
Winslow Robinson
[Note: The Edward Towler in this will emigrated to Marion Co.,
Mo. Married Ann Friend; James Towler married Lucy Ragsdale and
went to Greene Co., Ohio; William Towler mar. Hannah Watson and
settled in Mecklenburg Co., Va.; Elizabeth (Towler) Collier mar.
Hamlett Collier in Charlotte Co. in 1802, and they moved to
Nicholas Co., Ky.; Luke Towler married a sister of Hamlett
Collier, Martha-they also went to Nicholas Co., and later, ca.
1820, to Henderson Co., Ky.; I don't know what the problem was
with Benjamin-he mar. Clarissa Cousins]. Ed Dolan.