Last Will and Testament of John Arlington - 26 March 1849

Last Will and Testament of John Arlington - 26 March 1849 - Transcribed by Gail M. Walczyk
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I John Arlington of the County of Accomack and state of Virginia being of sound mind and memory, do make ordain and Publish this my last Will and Testament in manner and form following Viz.

Item I Give to my nephew, William W. Finney, son of Walter R. decd; the whole of the plantation whereon I now reside According to its metes and bounds, and to his heirs forever, upon the Condition, that he the said William W. Finney, Shall pay unto his sister Euphamy E. Finney Seventy Dollars, annually, so long as the said Euphamy E. Finney shall live and no longer and it is also my Will and desire that before the said William W. Finney take, the said land in possession that he the said William W. Finney shall have his name legally changed from William W. Finney to John Arlington and the reason I desire this is because I am the last one of the Family of that name, But in case the said William W. Finney should die before his name is legally changed from Finney to Arlington or without Lawfgull isue begotten of his body, then it is my Will and desire that the land herein given to him shall return, to my estate and then to go as the ballance of my estate goes, as will be expressed, hereinafter and not otherwise.

2nd I, Give unto my nephews. John A. Edwards, son of John A., decd, and to the said William W. Finney, all my wareing appearl and desire that the same may be equally devided between them.

3rd I Give to my niece Euphamy E. Finney One hundred Dollars and I, also, give to her, my Bed bedstead curtains and all its furniture as it now, stands and to her heirs forever

4th I lend to my Sister Ann S. Edwards five negro Slaves namely Ibby, George, Smith, Jim and Ann and the furture increase of the females, untill the first day of January, One thousand eight hundred and Seventy and no longer, upon this condition that the said slaves here loaned to her, is not to be sold or hired out of the County of Accomack during that time and at the experation of that time then it is my Will and desire that the said Ibby George Smith Jim And Ann with their furture increase shall be forever free

5th I, Give to Mary H. Scarburgh daughter of Samuel H. decd. three Hundred Dollars and to her heirs forever,

6th I, Give to my three negroes, Peter Underhill Jessee and Caleb, their freedom, and desire that they may be forever free form my death.

7th I, lend unto my niece Ann Raifield One negro boy John, untill the said John arrives at the age of twenty One years, and no longer.

8yj it is my Will that my executors hereinafter named shall buy Out of my estate marked marble head and foot peices, and put the same to my grave

9th it is my Will and I, do hereby direct that the whole ballance of my estate of ever description including real, and pursonal to be sold by my executors, and the plantation over the Creek whereon Ann S. Edwards, now, Resides to be sold by them, upon the following terms to wit that is the One half of, the purchase money to be made payable and to be paid at the experation of two years form the day of sale and the remaining One half of the purchase money to be made payable and to be paid at the experation of four years, from the day, of, Sale, with legal interest thereon from the day of sale

10th I, Give and bequeath unto Lorenzo D. Mears John W. A. Mears, Mary Eichelberger, Ann Raifield and my Sisters Rosey Finney and Ann S. Edwards, the whole ballance of my estate of every description Real and pursonal after paying my just debts and legacies unto them and their heirs forever. and I desire that the same may be qually devided betwen them the said Lorenzo D. Mears, John W. A. Mears, Mary Eichelberger, Ann Raifield, Ann S. Edward, and Rosey Finney aforesaid - But I do not intend this clause of my Will to effect or alter any other Clause of this my last Will and testament in any manner whatever,

Lastly I, do hereby nominate and appoint my Friends, George P. Scarburgh and Lewis L. Snead sole executors to this my last Will and testament hereby revoking all other Wills heretofore made by me om Testimony whereof I have hereunto set my hand and affixed mu Seal this the 16th day of March 1849.
John Arlington

Signed sealed and Acknowledged.
to be his last Will and Testamt
in presence of us
Nathl. Badger
Mitchell W. West
George W. Walker
Jas: K. Walker

Codicil to my last will and Testament which said Will bears date on the 26th day of March 1849

First the shear of my estate given to my sister Rosey Finney in the Tenth Clause of this my will I leave in the hands of my friend Lewis L. Snead as a trustee to be managed in his discretion for the sole and seperate use and benefit of my said sister Rosey Finney, I direct the same to be paid to her the said Rosey Finney, if she be living at the death of the said William Finney her husband and if she be dead I then directs the same to be paid to her Children Namely, William Leah and Rosey Finney or to so many of her shildren as my by Living then but not to be subject to the control of, her husband in any way whatever.

The foregoing Codicil subscribed by me this the 12th day of July 1849. I hereby publish and declare to be a part of my will made as aforesaid and to be executed by my executors named therein
John Arlington

Published and declared this the 12th day of July 1849 by John Arlington to be his Codicil to his last will & Testament in our & each of our presence
Nathl. Badger
Mitchell w. West
George W. Walker Jas. K. Walker

At a court held for Accomack county, on the 27th day of January 1851 - This last will and Testament of John Arlington decd: and a Codicil thereto annexed, were proved by the Oaths of Nathaniel Badger, Mitchell W. West and James K. Walker, witnesses to the said will and Codicil, and ordered to be recorded. And on the motion of George P. Scarburgh and Lewis L. Snead the executors therein named, taking oath and giving bond according to law, in the penalty of Forty Thousand Dollars with Thomas R. Joynes and Nathaniel Topping securities thereto, Certificate is granted them for obtaining a probate thereof in due form.
Test T. J. Rayfield Dy:
for J. W. Gillet C. A. C.
(Examined)

Sources:

_____. Accomack County Virginia Wills 1749-1752, pp. 101-103.

© Copyright 2010-2012 by Gail M. Walczyk