WILL OF THOMAS DICKENSON

Russell County, Virginia
Will Book 6, Pages 81 - 84
Executed 06 Jul 1847

I Thomas Dickenson of the County of Russell, being sick and weak in body, but of sound mind and disposing memory, and calling to mind the uncertainty of human life, and being desirous to dispose of all my worldly estate as it hath pleased God to bless me with, I give and bequeath the same, in the following manner that is to say:

1st, I desire that my Executor herein after named to sell so much of my perishable estate as he may deam useless to my estate or expensive, and the executor collect all dues belonging to me and satisfy all just debts that I am owing.

2nd, I give and bequeath to my wife Elizabeth M. Dickenson all my estate during her widowhood allowing her the privledge of making any distribution to my children, James Charles, and Martha, and my Grandchildren Thomas D. & Ellen A. D. Kernan, she may think proper during her life.

3rd, I desire that the property bequeathed to my children and grandchildren by their Grandfather Carrell to remain in my estate as it is now in my hands and distributed to those entitled to the same as my own property. I have already given to Edward D. Kernan since his marriage with my daughter Polly, one negro boy named Tine, one horse and some household furniture, which I estimate at the sum of five hundred dollars. He has also received one negro girl named Beck as a portion of the bequest made to his children, Thomas & Ellen by their Grandfather Carrell, estimated at the sum of four hundred dollars, making in all the sum of nine hundred dollars which is to be made to the balance of my heirs out of the estate before equal distribution is made of my estate.

4th, I bequeath to my daughter Martha all my books during her life, and at her death or before (as she may think proper) to be divided equally between my two sons James and Charles and my grandson Thomas D. Kernan.

5th, All the rest of my household furniture, such as bed, bedding, I wish my wife Elizabeth to distribute to my children, James, Charles & Martha & My grandson & daughter Thomas D. and Ellen A.D. Kernan, as she may think proper, but if she should die before my said distribution is made, then I wish my daughter Martha to make the distribution aforesaid.

5th, I bequeath to my son James and my daughter Martha my farm known by the name of "Richlands", and in the event of Martha's death it is my will that James pay to my estate the sum of one thousand dollars and hold the entire farm.

6th, I bequeath to my son Charles my portion of the property on which I now reside including the Tan yard, but if he be uncertained that the remaining portion of my estate be insufficient to make the balance of my heirs equal, then in that event as near an estimate or can be made of the tan yard and stock on hand and should it amount to more than his portion, that excess be paid to my estate out of the proceeds of said tan yard.

7th, It is my will that all the property which I bequeath to my children & grandchildren shall return to my estate should any of them die without making a will or leaving any issue to heir the same.

8th, My town property, together with the property at the east end of the town of Lebanon formerly belonging to Charles Carrell Sr., I leave to the management and control of my executor to do as he may think best to the interest of my estate.

9th, I will that my Executor, sell my negro man Frank and all of his children together if he can do so, if not he is authorized to sell them separately.

10th, I authorize my Executor to hire out my negro girl Mary should it be thought best for the interest of my family and estate.

11th, I will that my negro boy Sam remain in the tan yard until my son Charles arrive at the age of twenty one years, and then if Charles has received his full portion of my estate he is to pay my estate the sum of five hundred dollars and keep Sam.

12th, I bequeath to my grandaughter Nancy P. D. Love the sum of two thousand dollars in which I include the amount bequeathed to her by her Grandfather Carrell, which sum is considered the amount she is to receive from my estate and no more; but if it be finally ascertained that my estate be not worth two thousand dollars to each heir, then in that event the sum of two thousand to be reduced to an equal proportion of my estate, the said sum of two thousand dollars or whatever may be due her to be paid to her by my executor when she arrives at the age of twenty one years.

13th, It is my wish and desire that Thomas D. & Ellen A.D. Kernan have the same amount of my estate as I have bequeathed to anyone of my own children, after deducting the aforesaid sum of nine hundred dollars, which they have received their joint portion being what their mother would be entitled to, were she still living.

Lastly, I hereby constitute and appoint Edward D. Kernan Executor of this my last will and testament, hereby revoking all other or former wills or testaments by me hereforeto made. In witness whereof I have hereunto set my hand & seal, this 5th day of June 1847.

Thomas Dickenson (seal)

Signed sealed and published & declared by Thomas Dickenson as and for his last will & testament in the presence & hearing of us, who at his request and in his presence have subscribed our names as witnesses.

Samuel W. Aston
Wm. B. Aston
Robt. M. Fields

I Thomas Dickenson of the County of Russell do hereby add the following Codicel to my will, not having provided for my daughter Martha in the former part of my will, it is my desire that my Executor before named, place the sum of one thousand dollars at interest, which sum is to be applied to her benefit, in providing for her a home and a servant, should circumstances make it necessary and at her death the aforesaid sum of one thousand dollars or whatever may be left of it to return to my estate and be disposed of in the manner as other funds and on account of taking this sum of one thousand dollars from my estate, it is my wish and desire that two hundred dollars of the amount I have bequeathed to my Grandaughter Nancy P.D. Love remain in the hands of my Executor until foresaid sum of one thousasnd dollars returns to my estate. I have willed in the former part of my will, that if any heirs should die without making a will or leaving any issue, that their portion of my estate return to the same but as my two grandchildren Thomas D. & Ellen A.D. Kernan constitute but one heir, of either of them die without leaving issue or making a will it is my will that the one surviving receive the portion of the other when would be that portion of their mothers estate were she living, but should they both die without leaving issue or making a will, then in that event their portion to return to my estate as aforesaid. I leave to the discretion of my executor to have a san & grist mill erected on the farm at the Richlands, if he finds there will be funds sufficiently in his hands to do so, which mills when completed are to repay to my estate the cost incurred in building. The property which I have specifically given to my son James and daughter Martha I estimate at the sum of twentytwo and fifty to each which they are to receive at that sum. That which I have specifically given to my son Charles, I estimate at the sum of twenty five hundred dollars at which sum he is to receive it. In testament whereof I have hereunto set my hand and affixed my seal this 8th day of June in the year 1847.

Signed sealed and acknowledged by Thomas Dickenson in our presence and called us in as witnesses.

Samuel W. Aston
Wm. B. Aston
Robt. M. Fields

Virginia:
At a court held for Russell County at the courthouse on Tuesday, the 6th day of July 1847. The foregoing instruments of writing reporting to be the last will & testament of Thomas Dickenson deceased and a Cordicel thereto; were exhibited in court as such; and proven respectively by the oath of Samuel W. Aston, Wm. B. Aston, & Robt. M. Fields the subscribing witnesses thereto and ordered to be recorded. And on the motion of Edward D. Kernan Executor therein named who made oath and together with Johnston Howard, Napolean B. Gray, James M. Harmon, Dale Carter, and Jefferson Jessee his securities entered into and acknowledged a bond in the penalty of $20000.00 conditioned as the law directs, certificate is granted the said Edward D. Kernan for obtaining probate of the said will in due form.

Teste James P. Carrell CRC


This file contributed by: Renae Barrett Schneider


visitor since June 21, 1999


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