Thursday, May 9, 2013

Will: Roy W. Horton

Roy W. Horton Will
Will Book R, pg. 5-7


[Transcribed from a copy of the original Will, as hand-copied by clerk Lucien A. Davis for an 1885 chancery case of Henry M. Horton v. Meredith W. Horton (LVA PWCo chancery index no. 1885-009.)]


I Roy W. Horton of the County of Prince William and State of Virginia being aged and infirm but of perfect mind and memory do hereby make my last will and testament in manner and form following that is to say,

1st give at my decease to my son Henry M. Horton the sum of three hundred dollars to be paid to him and his heirs forever out of my estate by Executor, the interest left said son in liens proceeds real estate which is conveyed to me in trust to secure the payment of a debt due to Anthony Thorn of Two Hundred Dollars and costs to be sold by my Executors and the debts paid if any over to be refunded to said son

2nd I give to my son Russel E. Horton a negro boy named Jeff a slave for life to him and his heirs forever.  I also give to him a track of land bought of Miller, except thirty acres cut off on the east side to heirs and his heirs forever. 

3rd I give to my son Meredith W. Horton the services of a negro girl named Martha for his life and then to be provided for by him her increase her increase if any to him and his heirs forever.  I also give to my said son my mansion house with sixty four acres of land round the same, and thirty acres on the east side of the Miller land, I also give to my said son a track of land known as the oven stone of 143 acres to him and his heirs forever.

4th It is my wish and desire that in case of the death of Russel E. Horton or Meredith W. Horton without bodily ____ the property herein devised by me to revert to the surviving one.

5th It is my wish and desire that my Executor execute to Chs. H. Dotson and Emily & his wife a deed out of my Stafford land for thirty two acres to be laid of a round the house where the said Dodson now lives.

6th I give to my brother Benjamin B. Horton and sister Francis M. Horton 20 acres of land to live on free of rent for and during the natcherel lives and then to my three sons or their heirs.

7th It is my wish and desire that the balance of my Stafford lands and my stock of all kinds, household & kitchen furniture to be sold by my Executors and applyed to the payment of my debts, should that not be sufficient to pay my debts Meredith W. Horton is to pay the balance of them out of his proportion.

8th  I do hereby constitute and appoint John H. O'Rear & Meredith W. Horton Executors of this my last Will and Testament as witness my hand and seal this 23d day of February 1864.

Roy W. Horton {seal}

Signed sealed and acknowledged by Roy W. Horton as his last Will and Testament in the presence of us, who have hereunto signed our names as Witness,
Walter Hore M.D.
Daniel T. Crump [?]

At a Court held for Prince William County October the 2d 1865

This last will and testament of Roy W. Horton decd. Was proven in open Court by the oath of Walter Hore a subscribing witness thereto, who also proved that the signatures of Daniel T. Crump another subscribing witness thereto is the genuine hand writing of said Crump which is ordered to be certified, and at a Quarterly Court held for Prince William County on the 6th day of November 1865.

The signature of Daniel T. Crump decd. Appended to the will of Roy W. Horton decd. Was this day fully proved by the oath of Robert t. Reeves and thereupon the said Will is ordered to be recorded. 

At a Quarterly Court continued and held for Prince William County on the 7th day of November 1865 John H. O'Rear one of the Executors named in the last will and testament of Roy W. Horton decd. In open Court renounced the burden of the execution thereof, and M. W. Horton the other executor therein named made oath thereto, and having taken the oath of an Executor, together with Jno. H. O'Rear, Isaac Bridwell and L. E. Horton his securities who justified to their sufficiency entered into and acknowledged a bond in the penalty of Two Thousand dollars conditioned as the law directs, letters testimony, on the estate of the said decedent are granted him in due form.

Teste, M. B. Sinclair, Clerk

[Note:  Misspellings in the document have been left as is. ~cgl]

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