Will of Josephus "Cephas" Gregory

(Map to identify boundaries in will of Josephus Gregory)

Lunenburg Co., VA will of Josephus Gregory 1877/1880
Recorded Will Book 14, pp 275-277
Transcribed by JoLee Gregory Spears 12 Sept. 1998

Lunenburg Co., Va Sept 7, 1877

I Josephus Gregory of the county of Lunenburg and state of Virginia being of sound mind and disposing memory do hereby make and disclose this to be my last will and testament.

My real estate I wish divided as follows:

1st Run a straight line from the point where the long branch east of my house passes through the line between the estate of W. T. Couch decd and my land in a westerly direction to a point where the first drain or Gully north of what we call Saunders flat passes through the fence running south from my house, thence down the drain to where it empties into the creek thence along the fence a south westerly direction to Dr. S. Saunders line. All the land South and east of this line I give and bequeath to my son J. W. Gregory his heirs or assigns forever.

2nd Run a straight line from the point at which Dr. S. Saunders and Thos. Spencer corner on my line to where the creek strikes the woods at the lower end of the [*****] spring flat thence up the center of the creek to the lower end of the Ivy Bank. Thence along the present fence on the Ivy Bank bluff to a forked Poplar tree near the woods, both forks marked X thence a straight line to Mr. J. W. Ellis' gate south from his house all the land south and west of this line I leave to my son E. J. & H. C. Gregory in Trust to be managed by them for the benefit of my two grandchildren Laura Stokes Duke and Edward Lucian Duke, the rents accruing from it to be used for their support or education until Laura Stokes Duke is eighteen years of age, at which time she shall have one half of said land and at the age of twenty one years, Edward Lucian Duke shall have the other half of said land; and if either one of them should die before they arrive at the ages above specified, the other one shall have his or her interest in said lands, and if Laura Stokes Duke should die before she is eighteen years of age and Edward Lucian Duke before he is twenty one years of age the said land shall then be divided between my children E. J. Gregory, F. J. Gregory, H. C. Gregory and J. W. Gregory.

3rd Run a straight line from the Center of the creek at the bush? Spring a north easterly direction passing at the north west corner of the Barn west of my house to the line between my land and the land of the estate of W. T. Couch decd all South of this line and between the two lots previously named with the privilege of moving the house standing on my yard immediately east of my residence to this lot I give and bequeath to my son F. J. Gregory his heirs or assigns forever.

4th Run a line from Mr. E. Griffins at the north east corner of my fence nearest Mr. Griffins outer gate along the Mt Zion road passing my outer north gate to the line between me and Mr. Ellis All north of the line I give and bequeath to my son H. C. Gregory his heirs or assigns forever.

5th The remainder of my real estate which includes all that portion lying between the lots of H. C. Gregory E. J. & H. C. Gregory Trustees for my two Grandchildren Laura Stokes & Edward L. Duke and F. J. Gregory I give and bequeath to my son E. J. Gregory his heirs or assigns forever, reserving to my wife Mary E. Gregory the use during her life of all that portion of this lot lying east of the road running from my outer gate passing west of my yard to where it strikes the line of F. J. Gregory's lot and also the use of Half of the barn north of my residence, two stalls in my stable and half of the corn crib.

6th The real estate I own in Texas if unsold at my death I wish sold and divided into equal parts, to E. J. Gregory F. J. Gregory H. C. Gregory and J. W. Gregory I give each one part, one part I wish put out in interest during the life of my wife Mary E. Gregory and to her I give the interest that may be received from it annually. After her death it shall be equally divided between my four children E. J., H. C., F. J. & J. W. Gregory. The sixth part with an addition of one hundred dollars to it from my personal property and in lieu of any other interest in my personal property I leave to my son E. J. & H. C. Gregory in trust to be managed by them for the benefit of my two grandchildren Laura Stokes Duke and Edward Lucian Duke the interest accruing from it to be used for their support or education until Laura Stokes Duke is eighteen years of age at which time she shall have half of it, the other half to remain as above until Edward Lucian Duke is twenty one years of age at which time he shall this half. If either one of them should die before they arrive at the age above specified, the other one shall have his or her part and if both should die before they arrive at said ages, it shall then be divided between my four children, E. J. F. J. H C & J. W Gregory.

My personal property I dispose of as follows:

1st I give to my wife Mary E. Gregory one hundred dollars in money. I leave to her two choice mules, or a mule and horse, two choice milk cows two setts of harness and farming implements sufficient for the use of two hands and as much of my household and kitchen furniture as she may desire to keep during her natural life. I give to her a sufficiency of provisions for herself two hands and two horses for twelve months.

2nd I give to my son E. J. Gregory one bed & furniture and the next choice cow and calf.

3rd To my son F. J. Gregory I give one hundred and twenty five dollars.

4th To my son H. C. Gregory I give three hundred dollars.

5th To my son J. W. Gregory I give two hundred dollars.

6th To my grandchild Laura Stokes Duke I give my Piano when she arrives at the age of eighteen years and if she should die before arriving at that age it shall then be given to my Grandchild Emma Stokes Gregory.

7th After the death of my wife the personal property she has been using shall be divided equally between my four children E. J. - F. J.- H. C. & J. W. Gregory.

8th I desire this will shall be executed without any further process of law than the recording of the same in the clerk's office and I leave my sons E. J. Gregory and F. J. Gregory as Executors.

As witness my hand day and date above given.

Josephus Gregory
Joseph L. Bentley
E. B. White

December 12th 1879

I Josephus Gregory do add this codicil to my will above written bearing date Sept 7th 1877

Item 1st I direct that my son E. J. Gregory shall have the use of three rooms in the west end of my house Viz: the basement first and second floor, whenever he wishes to occupy them.

Lunenburg County Court June 14th 1880 A paper writing purporting to be the last will and testament of Josephus Gregory decd was produced in court and proved by the oath of Jos. L. Bentley one of the subscribing witnesses thereto and E. B. White the other subscribing witness being out of this commonwealth, his handwriting was fully proved by the oaths of J. M. Williamson & J. W. Williams. Whereupon the same is ordered to be recorded as the true last will and testament of the said Josephus Gregory decd and on motion of F. J. & E. J. Gregory the executors named in the said will who appeared in court, made oath and together with approved security entered into and acknowledged a bond in the penalty of $8000. Conditioned as the law directs, which bond is ordered to be recorded. Certificate is granted the said Executors for obtaining probate of said will in due form of law.

Teste J. L. Yates, Clerk