Will... Gustavus Depp for Ellmore Depp, 1835, Chesterfield County, VA - Submitted by SisLynn@aol.com
Chesterfield Co., VA
Will Book 13
Gustavus DEPP for Ellmore DEPP
to Sam WINFREE, Exec. of Jno. WINFREE,Will Bk. 13, pg. 235-236
April 13, 1835
Whereas by the will of John WINFREE deceased late of the county of Chesterfield, a legacy of Two Thousand five hundred dollars was left to his daughter Winnifred Anne WINFREE with a provision that if she should die without issue it was to be equally divided among the surviving children of the said John Winfree. And whereas my brother Ellmore DEPP married the said Winnifred Anne WINFREE, and received from Samuel WINFREE executor of said John , the aforesaid sum of two thousand five hundred dollars, and whereas The only child of the said Ellmore and Winnifred died soon after its birth, and subsequently the said Winnifred also departed this life, and the said Ellmore has since died, the
undersigned Gustavus being entitled to all the property of the said Ellmore; And whereas the said Gustavus not thinking it right and proper to retain the said sum of Two thousand five hundred dollars, has returned the same to the said Samuel WINFREE, as executor as aforesaid, unrestricted by ......, and without
.....as to the legal rights of him the said Gustavus to return the same, but influenced solely by a sense of moral obligation; and under the same influence has given to Sarah WINFREE, one half of the household furniture of the said Ellmore DEPP. And whereas it is possible that at some future period some
representative of the said Gustavus DEPP, if he the said representative should suppose that the ..... Gustavus had a legal right to the said furniture, and to the said $2500., might think it his duty to bring such for the same, on the ground that the payment had been made by mistake. Now therefore, Know all men by
these presents that I the said Gustavus DEPP do truly declare that the said sum of two thousand five hundred dollars was given ....and returned by me to the said Samuel WINFREE as executor as aforesaid, without reference to the question of his being able or not, to receive it from me in a court of law or ......, but
simply from the conviction on my part that it was right and just to do so; and I release and disclaim all right for myself or my heirs, executors, administrators or assigns, to reclaim the said sum of money, or the said furniture, both which I have freely given uninfluenced by the said Samuel WINFREE, or any other person.
And that the memory of these .....may not be lost, I purpose to put this instrument on record. Given under my hand and seal this thirteenth day of April 1835.
Gustavus DEPP (seal)
Chesterfield County Court
We Charles F. WOODSON and William GOODE Jr. Justices of the peace for the county aforesaid, do hereby certify, that Gustavus DEPP a party to a certain deed, bearing date on the 13th day of April 1835 and hereto annexed, personally appeared before us in our county aforesaid and acknowledged the same to be his act and deed, and desired us to certify this said acknowledgment to the clerk of the county court of Chesterfield, in order that the said deed may be recorded. Given under our hands and seals this 13th day of April 1835.
Charles F. WOODSON (seal)
William GOODE Jr. ( Seal)
In Chesterfield County court, August 19th 1835, the foregoing deed with ....certificate of acknowledgment thereon endorsed, made before two Justices of the peace was presented in court and order to to be recorded.
Teste: Parke Poindexter, Clerk
(Gustavus DEPP was brother to Elmore DEPP and son of Thomas DEPP and Polly TRABUE of Powhatan Co., VA)