Last Will and Testament of Issac Mister Senior

Accomack County Wills 1828-1846:364:367
Transcribed by Gail M. Walczyk

I Isaac Mister Senr of the County of Accomack in the State of Virginia do hereby make my last will and testament in manner and form following that is to say I give to my daughter Susan Mister and during her natural life the one half of the tract upon which I now reside, the same adjoining the lands belonging to the heirs of John J. Wise decd and supposed to contain in the whole two hundred and thirty four acres, be the sum more or less and moreover I give to my said daughter for and during her natural life the sum of twelve hundred and ninty four dollars and sixty six cents, and at her death, should she leave a child or children legal heirs to inherit the same then and in that case I give the said lands and money to it or them and their heirs forever: but should she die without leaving such child or children legally to inherit the same then and in that case I give the said lands and money to my daughter Betsey Mister and her heirs forever----

I give and bequeath to my daughter Betsey for and during her natural life the one half of the tract of land upon which I now reside, the same adjoining the lands belonging to the heris of John J. Wise decd, and supposed to contain in the whole two hundred and thirty four acres, be the sum more or less and moreover i give to my said for and during her natural life the sum of twelve hundred and ninty four dollars and sixty six cents, and at her death, should she leave a child or children legal heirs to inherit the same then and in that case I give the said lands and money to it or them and their heirs forever: but should she die without leaving such child or children legally to inherit the same then and in that case I give the said lands and money to my daughter Susan Mister and her heirs forever.

I do hereby constitue and appoint my Executrix henceinafter to be named as Trustee for the following purposes to wit: I desire to have placed in her hands the sum of fifteen hundred and ninty four dollars and sixty six cents after first deducting the whole amount of money hitherto in anywise furnished further for the use of Henry C. White the balance together with my lot near the new church, upon which Henry C. White resides, and the annual income of this sum with the annual rent of said lot to be applied solely to the maintainance of my daughter Sally the wife of Henry C, White and her daughter Mary Ann White. I place this sum of money whatever it may be with the lot aforesaid entirely in the possession and under the control of my Executrix Trustee afsd. and I do desire then to be used in whole or in part (for the purpose aforemetioned) at her descretion - And I hereby empower and direct my Executrix Trustee as aforesaid to secure this money and lot for the proceeds thereof to my grand daughter Mary Ann White during her natural life, and then to her child, or children (should she leave such) and their heirs forever but should my grand daughter afsd. die without qiving such child, Then and in that case the same money and land to be equally divided among such of my children, or their heirs as may be surviving. it is my desire ti leave at the discretion of my said Trustee the time when to execute these directions in relation to the property intended for my grand duaghter - but I wish it secured to her at such time as may seem to my Trustee most proper and expedient.

I place in the hands of my said Trustee the sum of one thousand and ninty seven dollars and thirty three cents or the balance of this sum after first deducting from its amount the the one half of the money hitherto furnished to my son Henry P. Mister decd for the sole use of my said grand duaghter Susan Mister, duaghter of my said son Henry P. Mister

And I desire my Trustee to secure this money, at such time as to mer may see most proper, to my said grand daughter during her natural life, and afterwards to her child or children should she leave such legally entitled to inherit the same, but if my grand daughter afsd. should leave no child or children as afsd. then the money aforesaid to be given to her sister my grand daughter Mary Charlotte Mister and her heirs forever.

I place in the hands of my Trustee aforesaid a like sum of eight hundred and ninty sever dollars and thirty three cents, or the balance remaining of this sum after first deducting from it the one half of the money hitherto furnished to my son Henry P. Mister decd for the sole use and benefit of grand daughter Mary Charlotte Mister daughter of said son Henry P. Mister decd and I desire my Trustee to secure the money at such time as to her may seem proper to my said grand daughter during her natural life and afterwards to her child, or children should she leave such legally entitled to inherit the same, but if my grand daaghter afsd. should leave no child or children as afsd., then the money afsd. to be given to her sister, my grand daughter Susan Mister and her heirs forever. I intend nothing that is said or is to be said herein to deprive my daughter Sally the wife of Henry C. White from such assistance as my Trustee can afford out of the protion of my estate given to my grand daughter Mary Ann White, but I hereby direct my said Trustee to aid her individually as much as possible so long as she may live out of the amount. It is my desire that the remaining of that amount of my estate be equally divided into four equal parts, one of which to be given to my daughter Susan Mister upon the same conditions as that already given her - one fourth to be given to my daughter Betsey Mister upon the same terms as those another portion of my estate has already been herein given to her - one fourth to be placed in the hands of my Trustee for the benefit of my grand daughters Susan Mister and Mary Charlotte Mister, and to be used and directed as their portion of my estate before mentioned.

And lastly I do hereby consitute and appoint my daughter Susan Mister Executrix of this my last will and testament hereby revoking all other or former wills or testaments by me heretofore made. And I solemnly enjoin it upon her to discharge conscientiously and faithfully the trust which I have herein unavoidably imposed upon her, by securing to my grand children the property placed by me in her hands for their benefit at as early a period as safety will permit and I trust she will not change her situation in life by marriage, or die, before appointing some representive fully empowered to execute my wishes in situation to my grand children this above obstruct it which is to prevent Henry C. White, husband of my daughter Sally, and Susan Mister, widow and relict of my deceased son Henry P. Mister from participation in the enjoyment of in any count of any part of my estate. In witness whereof, I have hereunto set my hand and affixed my seal this day of one thousand eight hundred and thirty nine.

Signed, sealed published and
declared by Isaac Mister Sen.
as reads for his last will and
testament in the presenance
hearing of us, who at his request
and in his presence have subscribed
our names as witnesses

William M. Riley
Levin R. Ayres
Polly Landing Her Mark

1840 September the 7th upon a revision of my will this day I find that by accident the month and day of the month upon which it was made are left out therefore now in the presence of the subcribing witnesses i do sign seal and publish and declare it, the subjoined paper as and for my last will and testament and do hereby constitute and appoint John C. Wise Executor and Trustee to the same instead of my daughter Susan Decd who was appointed Executrix and Trustee thereto.

We in the presence of Isaac
Mister Senr. and at his re-
quest have subscribed
our names hereto as witnesses

John Parker
George Nelson
John H. Custis

At a Court held for Accomack County on the 28th day Sept. 1840 - The last will and testament of Isaac Mister decdwas proved by the oath of William M. Riley and Levin R. Ayres witnesses therto and ordered to be recorded and a codicil to said will was proved by the oaths of John Parker, George Nelson and John H. Custis witnesses thereto and ordered to be recorded - And on the mootion of John C. Wise the executor named in said codicil taking oath and giving bond according to law in the penalty of $20,000 with John E. Finney and Thomas R. Joynes securities thereto certificate is granted him for obtaining a probate thereof in due form.