Mecklenburg County, Virginia Will Book #5, page 58
In the name of God
amen I James Pennington of the County of Mecklenburg being lame in body but
sound memory but calling to mind the uncertainty of human life do make and
ordain this my last will and testament in the following manner to wit.
Item I give and bequeath to my son James one Negro man named Daniel to him and
his heirs forever. My desire is that the said Negro be hired out ten years if
not called for sooner and the money and Negro devised therefrom to my son James
and his heirs forever.
Item I give and bequeath to my son Phillip one
Negro woman Peg and everything I have lent to him to him and his heirs forever.
Item I give and bequeath to my daughter Sarah one Negro man named Austin and
one mare called Pall and one bed and furniture. My desire is if my daughter dies
without lawful issue of her body that the said Negro Austin and mare shall
belong to my son John Thomas and his heirs forever.
Item I give and
bequeath to my daughter Faitha Nance one Negro woman Judy to my daughter Faitha
Nance and her lawful issue of her body and at her decease if no issue then
living then the said Negro to be divided among all my children also one cow and
calf, one bed and furniture now in her possession.
Item I give and
bequeath to my son Henry two Negroes named Edmund and Dilsey and what I have
lent him before to him and his heirs forever.
Item I give and bequeath to
my daughter Mary one Negro man named David one bed and furniture and one woman's
saddle also the third choice of my horses. If she dies without lawful issue of
her body the said Negro to be divided amongst my children, except son John
Thomas.
Item I give and bequeath to my daughter Lewcy Smith one Negro man
named Ben, one bed and furniture, one woman's saddle and one cow and calf as she
has now in possession to her and her heirs forever.
Item I give and
bequeath to my granddaughter Pegga Pennington one Negro girl named Viney and one
bed and furniture and if she my granddaughter Pegga should die without lawful
issue the legacy left her shall belong to my son Phillip and his heirs forever.
Item I give and bequeath to my son John Thomas six Negroes namely Jacob,
Nancy, Antony, Moses and Aron and George, three beds and furniture my cart and
wheels and one yoke of oxen, one mare and colt that's called now his to him and
his heirs forever.
My will and desire is that John Hall Junior may keep
sixty five acres of land as he bought of me lying on the south side of
Mitchell's Branch which is one line and my old patent line the other line and
the balance of my land I give to my son John Thomas to him and to his heirs
forever; also my plantation utensils and one third of my pewter. The balance of
my pewter to be equally divided between my two daughters Sarah and Mary.
Also I give my three children John Thomas, Sarah and Mary all kitchen
furniture equally divided also I give Sarah one chest and Mary one chest also my
chairs to be divided between John Thomas, Sarah and Mary.
Also I give my
son John Thomas one cow and calf.
Also I give Sarah and Mary each of
them one cow and calf all the balance of my cattle to be equally divided between
my five children John Thomas, Faitha Nance, Lucy Smith, Sarah and Mary.
Also my sheep to be divided between Lucy Smith, Sarah and Mary.
Also I
leave my stock of hogs and my crop to pay all my just debts and the balance to
support my three children John Thomas, Sarah and Mary.
Also all my fowls
to support the plantation.
Also my two horses not before willed I give
Lewcy Smith choice and John Thomas the other horse with my saddle and gun. Also
my wearing apparel to my son Henry.
Also my will and desire is that
Robert Pennington may keep two beds and furniture as I bought for him as he has
them now in possession to him and his heirs forever.
Also it is my will
and desire that my two daughters Sarah and Mary may have the small room of my
dwelling house during their natural lives or marriage.
Also it is my
will that my two daughters Sarah and Mary have free privilege of working their
two Negroes on the said plantation during their natural lives or marriage.
Lastly I appoint my son Phillip and my son John Thomas executors of this my
last will and testament revoking and disannuling all former wills by me made.
In witness I have hereunto set my hand and seal this twenty-seventh day
of September in the year one thousand eight hundred and two.
James
Pennington.
Signed, sealed and declared in presence of us:
John
Northington,
William Ladd Taylor,
Samuel Butter,
Sterling
Northington.
At a court held for Mecklenburg County the 18th day of June
1803.
This will was proved by the oaths of John Northington and William
Ladd Taylor witnesses thereto and ordered to be recorded. And on the motion of
John Thomas Pennington the surviving executor therein named who made oath
thereto and together with John Northington and Jabiz Northington his securities
entered into and acknowledge their bond in the penalty of ten thousand dollars
conditioned as the law directs. Certificate was granted him for obtaining a
probate of the said will in due form.
Teste.
William Baskervill, Cl.
Cur.
Mecklenburg County, Virginia Will Book #5, page 161
An
appraisement and inventory of James' estate was taken on July 27, 1803 by John
Hubbard, John Nance, William Bugg and John T. Pennington. Its total value was
given at 998 pounds, six shilling and nine pence. It included such
Items
as goats, cows, geese, a gun, four horses, various furniture, various plantation
utensils and Negroes named Jacob, Edmund, Austin, Daniel, David, Ben, Anthony,
Moses, Aron, Pegg, Dilsey, Viney, Nann and her child.
[widow and second wife of Philip Pennington]
Mecklenburg County, Virginia
Will Book #5, page 165
In the name of God amen I Mary Pennington of the
county of Mecklenburg and state of Virginia being in a low state of health but
of sound mind and memory and calling to mind he mortality of my body do make and
ordain this my last will and testament in manner and form following viz.
Item I give and bequeath unto John White one feather bed and furniture to him
and his heirs forever.
Item it is my will and desire and do hereby order
and direct under an act of the general assembly of Virginia and provided for the
free emancipation of Negroes by will that Nelly and her child Spencer with all
her future increase is hereby by me declared free citizens of the United States
of America from the claim of myself, my heirs, executors or administrators or
from the claim of all and every person or persons whatsoever.
Lastly I
constitute, appoint and ordain my friend Charles Ogburn my whole and state
executor to this my last will and testament authorizing my said executor to take
into his hands all the estate I have or may be entitled to and the money arising
from such estate in his hands to keep to pay and discharge the incident
attending the recording this will and complying with the law made and providing
for freeing Negroes by will in case my estate dothe not raise money sufficient
in that case it is my will and desire that my said executors shall hire out my
said Negro Nelly and her child Spencer until they raise money sufficient to pay
the same into its full effect.
In testimony whereof I hereunto set my
hand and seal this 16th of October 1803.
Mary Pennington.
Signed,
sealed and declared this my last will and testament in presence of
Thomas
Burnett,
Varney Andrews,
George Andrews.
At a court held for
Mecklenburg County the 11th day of June 1804.
This will was proved by the
oaths of Varney Andrews and George Andrews witnesses thereto and ordered to be
recorded. And on the motion of Charles Ogburn the executor therein named who
made oath thereunto and together with Varney Andrews his security entered into
and acknowledged their bond in the penalty of two thousand dollars conditioned
as the law directs. Certificate was granted him for obtaining a probate thereof
in due form.
Teste.
William Baskervill, Cl. Cur.
Mecklenburg County, Virginia Will Book #5, page 77
A verbal will of
Philip Pennington made the 31st day of January 1803 and departed this life the
1st day of February. The words spoken was thus that his will and desire was that
his wife Polley Pennington should have a Negroe woman of the name of Nelly at
her disposal to do as she please with and further saith not. This day Varn
Andrews and Joseph Lett personally appeared before me and made oath that they
were called on by the deceased at the time above mentioned to take notice of
those words spoken by him as above mentioned.
Sworn to this fourth day of
February 1803.
Reuben Vaughan.
At a court held for Mecklenburg County
the 11th day of July 1803.
This writing purporting to be the nuncupative
will of Philip Pennington, deceased was proved by the oaths of Varn Andrews and
Joseph Lett, Jr. witnesses thereto and ordered to be recorded. The infant
children having been duly summoned and being represented by Josiah Floyd their
guardian specially appointed for that purpose who saith he has no objection to
the establishment of the same. And on the motion of the said Josiah Floyd who
made oath thereto and together with John James Speed, John Turner(?), Jr. and
James Watson his securities entered into and acknowledged their bond in the
penalty of ten thousand dollars conditioned as the law directs. Certificate was
granted him for obtaining letters of administration of the estate of the said
Philip Pennington, deceased with his said will annexed in due form.
Teste. William Baskerville, Cl. Cur.
Mecklenburg County, Virginia Will
Book #5, page 162
On May 14, 1804 an inventory and appraisement of the
Philip Pennington estate was submitted to the county court by Josiah Daly, John
Ogburn and Varnes Andrews. Included in the estate was a large amount of
livestock including horses, cattle, sheep, pigs, geese and ducks, various
plantation and kitchen utensils, four beds and furniture, a small amount of
harvested crops, a parcel of books, a looking glass, a bee hive, a few saddles
and many other
Items including nearly five gallons of brandy. He had also
possessed sixteen Negroes named Dick, Rolley, David, Jinney, Beck, Isaac,
Fanney, Nelley, Suckey, Milly, Moses, Ned, Spencer, Ben, Nat and Pegg. In total
the estate was valued at 1,130 pounds and 3 shillings.
Mecklenburg
County, Virginia Will Book #5, page 167
On June 11, 1804 the estate sale
of the late Philip Pennington was submitted into court. Those who purchased
Items were recorded as follows: William Smith, George Andrews, Richard
Crowder, Joseph Simmons, Warner More, James Reekes, Thomas J. Taylor, John
Singleton, James Nolley, Joseph Lett, Mary Pennington, Josiah Floyd, Matthew
Ogburn, Thomas Burnett, William Crow, Joseph Dunman, William Allen, Isaac
Arnold, John Arnold, James Taylor, William Ship, Aldias Webb, Sterling Hailey,
William L. Taylor, John Allen, Thomas Jones, Samuel Oslin, Thomas Marriott, Col.
Ingram, Morriss Floyd, William Mitchel, John Crow, Sath Johnson, James Hicks,
John Waller, Frederick Walkens, Jerimiah Arnold, Benjamin Edmonson, John Hicks,
William Vaughan and James Waller. The total amount of the sale was not given.
Contributed 1999 Jul 20 by Kevin T. Lett
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