Last Will and Testament of Walter Hatton - 11 September 1799 - Transcribed by Gail M. Walczyk
Spelling remains the same
In the name of God amen I Walter Hatton of Accomack County being in my perfect senses and Memory do ordain and make this to be my last Will & Testament in manner and form following to wit
Imprimis as to my plantation on whereon I am live (which I claim from the Will of my grandmother Francicina Muir) after the Death of my three aunts Elizabeth, Ann and Sally Muir I dispose thereof as followeth to wit
I give and Devise to my Sister Ann Hatton and her husband forever one half of the high land at the upper end thereof and to include the house where I now live and lying on Pungoteague Creek and I do also give and Devise to her and her husband for ever one half of the marsh belonging to the Said plantation
Secondly I lend unto my Sister Margaret Hatton the other half of my said land during her natural life and at her Death I do give and devise the sd land to her youngest son John Kellam and the heirs of his bode provided he arrives to the lawfull age of twenty one years, or has lawfull heir of his body, but in case he should die before the lawfull of twenty one or without such lawfull heirs of his body liveing at the time of his death then I give and devise the said land to my Sister Anne Hatton and her heirs for ever and as to the other half of the marsh not disposed off in the first devise to my Sister Anne Hatton I do annex it to the land given in this devise and to Desend in the same manner -
Thirdly I do give to my Sister Ann Hatton the following Negroes Jim Peter and Rodey and their increase to her and her heirs untill they arrive at the ages of thirty one and as each of them attains to that age he or she is to be free and the descendants each to be free as they attains to the age of thirty one -
Fourthly I give to my Sister Anne Hatton for the use of my Nephew Thomas Hatton Kellam untill he arrives at the lawfull age of twenty one when he is to have them free from the trust of my Sister Ann Hatton the following Negroes Lory and Jenny and their increase untill they arrive at the ages of thirty one, and as each of them attains to that age he or she is to be free, and the descendants of each is to be free as they attain to the age of thirty one -
Fifthly I give to my Sister Ann Hatton for the use of my nephew John Kellam untill he arrives to the lawfull age of twenty one when he is to have them free from the trust of my sister Ann Hatton the following Negroes to Wit Sarah Ginger & Jon and their increase untill they arrive to the ages of thirty one and as each of them attains to that age he or She is to be free and the descendants of each is to be free as they attain to the ages of thirty one -
Sixthly I give to my Aunts Elizabeth and Sally Muir my negro woman Judy for four years and then to be free and in case she has any child or children dureing the four years which she has to serve which are not now born they are to be free with her at that time
Seventh it is my will an desire that none of the legacies of the afsd Negroes Shall be given up before the crop which I tend and which may be growing upon the plantation should be made and saved and which I would wish to be sold for the payment of my debts after insuring a sufficiancy for the family’s use
Eighty after my Debts are paid I give to my Aunt Elizabeth Muir Twenty pounds for the purpose of purchasing a riding Chair to be by her tent to my sister Margaret Kellam.
Ninthly all the remainder part of my Estate both read and personal not heretofore given and Devised I give and Devise to my sister Ann Hatton and her heirs forever -
Tenthly I do appoint my friends David Bowman John Rodgers (son of Peter) and Thomas M. Bayly to be my Executors of this my last Will and Testament revoking all others heretofore made. In Testimony whereof of I have hereto set my hand and affixed my seal this eleventh day of September in the year one thousand seven hundred and ninety nine
Signed Sealed and delivered to be the last Will and Testament in presence of us who have
Walter Hatton
Witnessed the same
Kendall Savage
John Pitts
Peggy Hack
Sarah Hack
At a District Court held at Accomack Court house the 15th May day of 1800 The said last Will and Testament of Walter Hatton decd offered for proof by the Executors therein named was proved by the Oaths of John Pitts and Kendal Savage Witnesses thereto and ordered to be Recorded On the motion of Thomas M. Bayly certificate is granted him for obtaining a probate of the said Will be having taken the Oath of an Executor and together with Thomas Bayly Senr & Edmund Bayly his Securities entered into and acknowledged a Bond in the penalty of two thousand five hundred pounds with Condition according to law which is ordered to be recorded
Teste
Edmund Bayly CDC
Truly Recorded
Sources:
_____. Accomack County Virginia District Court Wills & Deeds 1800-1806, pp. 33-35.
© Copyright 2008 by Gail M. Walczyk