Will of Martha SIMMONS

Will of Martha (Hutcheson Phillips) SIMMONS
June 2, 1849, Proved Aug. 19, 1850
Mecklenburg Co. VA WB 17 p. 173 -174

In the name of God Amen. I Martha Simmons do make this my last will and testament in manner and form following To wit

1 It is my will and desire that my just debts and funeral expenses first be paid and that the whole of my estate be sold on such terms as my executors shall think best and the proceeds there from together with all moneys due me or in my possession to be divided into seven equal parts. One part there o to be divided between the children of my son Charles C. Phillips to them and their heirs forever. one other part or moiety I give and bequeath to my daughter Martha H. Walker one other part to my daughter Susan F. Holmes. one other moiety to be equally divided between the children of my deceased daughter Jane E. Cradox. one other part I give to my son Albert H Phillips to him and his heirs forever. one other part I give to my daughter Lucy S. Hutcheson one other part or moiety I give to my son James W. Simmons to him and his heirs forever.

It is my will and desire that the whole of my estate be equally divided between all my children as above stated but should any children and their heirs claim and recieve the (slaves) which I received of my father with their increase and include my son James W. Simmons as an equal distributee with them in the division of said slave property then and in that event it is my will and disire and I do hereby order and direct that my executors shall first out of the moneys arising from the sale of my estate pay one to my son James W. Simmons an amount equal to the value or portion that either one of my said children by Dabney Phillips shall receive in the division of said slave property then the residue of my estate to be divided into seven equal parts and divided as above stated and divided the slaves referred to as received of my father are Lewis & Peter and Nelly and their increase now in my possession Lastly I do hereby nominate and appoint Richard E. Walker and James W. Simmons Executors to this my last will & testament signed and acknowledged this second day of June 1849

Martha (her mark) Simmons

in the present of
Charles S. Hutcheson
Thomas S. Ryland
Robert M. Hutcheson

At a court held for Mecklenburg County the 19th day of August 1850

The foregoing last will and testament of Martha Simmons decd was this day produced in open court and proved by the oaths of Thomas S Ryland and Robert M Hutcherson two of the said subscribing Witnesses thereto and the said will is ordered to be recorded and at another court held for said

Mecklenburg Co, VA WB 17 p.174

County on the 16th day of September in the year aforesaid – The said Will was again produced in court and on motion of James W Simmons one of the Executors named in the said will who made oath thereto and together with Charles S Hutcherson and Robert M Hutcherson his securities entered into and acknowledged their Bond in the penalty of Seven thousand Dollars conditioned according to Law. Certificate is granted him for obtaining a probate of said will in due form - Liberty is reserved for the other executor named in the said will to join in the probate when he shall think fit.

Teste. Richard B. Baptist

Executor Bond for Martha Simmons Estate – Oct. 21, 1850
Mecklenburg Co. VA WB 17 p.190

Know all men by these present that we Richard E. Walker, Robert A. Walker and Charles R. Walker are held and firmly bound unto the Commonwealth of Virginia in the sum of Seven thousand Dollars to pay which we bind ourselves, our heirs __ jointly and severally firmly by these present sealed with our seals and dated this 21st Day of October 1850

The conditions of the above obligation is such that if the above bound Richard E. Walker Executor of Martha Simmons decd. shall faithfully discharge the duties of the said executor according to law then the above obligation to be void otherwise to remain in full force and virtue.

Richard E. Walker seal
R. A. Walker seal
Ch R. Walker seal


Mecklenburg County Court October Term 1850
This Bond was acknowledged by the obligators thereto and ordered to be recorded.
Test. R.B. Baptist

Executor Bond for Martha Simmons Estate – Sept. 15, 1850
Mecklenburg Co. VA WB 17 p 232

Know all men by these present that we James W(H). Simmons, Charles S. Hutcherson and Robert M. Hutcherson are held and firmly bound unto the Commonwealth of Virginia in the sum of Seven thousand Dollars to be paid to the said Commonwealth to which payment will and truly to be made we bind ourselves, our heirs Executors and administrator jointly and severally firmly by these present sealed with our seals and dated this 15th (or 16th) day of September 1850

The conditions of this obligation is such that whereas the last will and testament of Martha Simmons has been admitted to record and James H. Simmons the Executor therein names having taken upon himself the burden of the Execution thereof now if James W. Simmons executor as aforesaid shall faithfully discharge his duties as executor then this obligation to be and otherwise to remain in full force and virtue.

James W. Simmons seal
Charles S. Hutcherson seal
Robert M. Hutcherson seal

Mecklenburg County Court September Term 1850

This Bond was acknowledged by the obligators thereto and ordered to be recorded.
Test. R.B. Baptist

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Account Martha Simmons Estate
Mecklenburg Co. VA WB 17 p. 233

Richard E. Walker - 3 pr sheets - 3.00
Ditto - 1 pr pillow shams - 0.18
Ditto - _____________ - 0.19
Ditto - 2 Diaper ______ - 0.20
Ditto - 1 Rocking Chair - 4.30
Ditto - 3 sitting Chairs - 1.70
Ditto - 1 Bucket & Pan - 0.18
Ditto - 1 ___________ - 0.25
Ditto - 1 Walnut Chest - 5.00
Ditto - 1 Desk - 5.00
Ditto - 1 ___________ - 0.43
[Total] - $ 5.18

J H Simmons
R E Walker, Exec

Mecklenburg County February Court 1851
The foregoing account of sales was this day received in open court and ordered to be recorded
Test. Richard B. Baptist C

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Inventory and Appraisal Martha Simmons
Mecklenburg Co. VA WB 17 p ____

Mecklenburg County Virginia 30th October 1850
Inventory and Appraisement of the Estate of Martha Simmons, Deceased

Bed No. 1 $18.00, No. 2 do $ 15.00 - 33.00
2 White Counter_____ $3.50 1 do chick $1.00 - 4.50
3 Bed Blankets $ 3.50 3 pair of sheets $ 3.00 - 6.50
1 Pair Pillow Cases 13cnts 3 flax Towels 19cnts - 0.32
1 Diaper Towel 13cnts 1 better Towel 7cnts - 0.20
1 Rocking Chair - 7.50
3 setting Chairs $1.20 one Bucket and pan 18cnts - 1.38
1 Chamber pot 25 cts. 1 Walnut Chest $ 2.00 - 2.25
1 Desk $ 5.00 1 Spit Box 30cnts 3 silver spoons 13cnts - 6.63
[Total] - $61.08

Agreeably to the annexed order we the undersigned have ____ded to appraise the Estate of Martha Simmons Deceased and ______ as above.
James B_______
Sanford B_____
__ __ Hutcherson

An account of sales of the property of Martha Simmons deceased
Made by R E Walker
J W Simmons

Transcriber's note: There are more accounts to be looked at, the total for the numbers do not add up correctly.

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Contributed by David Clark Dorsey

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