Friday, September 20, 2013
Friend of Friends Friday: Will of Ann Linton Nesbett (1817)
ANN LINTON NESBETT Will
Prince William County Will Bk L, pg 93
10 Oct 1817; proved 01 Dec 1817
I ANN LINTON NESBETT of the County of Prince William do make the following my last will and testament. First. If my negro boy CHARLES should not sold before my decease for the payment of an execution which Carrs Exors had against WILLIAM DOWNMANs estate & which I have given a forthcoming bond for it is my will and desire that my executor should sell said negro boy CHARLES & pay off said debt & the balance if any be used for the benefit of my estate. Secondly in consequence of two of my niece MARIA LESLEYS negros being sold to pay off debts due from CAPT. DOWNMANs estate & which her property as well mine was equally bound for I give her the said MARIA two of my negroes namely BILL & ALBERT which gift I hereby confirm. Thirdly it is my will & desire that my executor as soon after my decease as it can conveniently be done sell my negro man JOHN and my negro woman CATE & her son GEORGE & her young child for cash, and out of the proceeds thereof pay to my nephew GEORGE BAYLEY two hundred dollars which is meant as a legacy from me to my said nephew & the balance arising from the sale of said negroes to be paid to my sister PHAMY LINTON at this time living near the sweet spring in the County of Monroe. Fourthly I give and devise to my friend JOHN LINTON of the town of Dumfries my half of the tract of land (left by WM. DOWNMAN to myself & my sister LESLEY) and the balance of my negroes, stock, plantation utensils & household & kitchen furniture, in trust, as a support for my brother JAMES NESBETT during his life, and at his death the said trust is to cease and the whole of the said land & negroes with their increase & whatever stock, plantation utensils & household & kitchen furniture there is at that time, I will and devise to my niece MARIA LESLEY if she should be living, or if she be dead, and leave an heir or heirs it is my will that he her or them shall have the whole of said property, but if she should be dead & leave no child or children, then, it is my will & desire that the whole of said property should go to my sister PHAMY LINTONs two single daughters that are now living with her. Fifthly I give all my wearing apparel to niece MARIA LESLEY. It is my will and desire that the Court where this will is proven shall not take security of my executor and it is my particular will & desire that there should not be an appraisement or inventory of my estate. Lastly I constitute and appoint my friend JOHN LINTON SENR. Executor to this my last will & testament. In testimony whereof I have hereunto set my hand and affixed my seal this tenth day of October 1817.
ANN L. NESBETT
Signed sealed & acknowledged as the last will of the subscriber in the presence of
ANN HANCOCK, MARGARET HANCOCK, SALLY LINTON
At a Court held for Prince William County Dec 1st 1817. This last will and testament of ANN L. NESBETT decd. was presented to the Court by JOHN LINTON the Exor. therein named and being proved by the oaths of ANN HANCOCK and MARGARET HANCOCK is ordered to be recorded and the said and the said LINTON having taken the oath of an Exor and entered into bond without security (the testatrix by her will not requiring security and the Court agreeing that none should be given and one of the legatees being in Court and consenting thereto) certificate is granted him for obtaining a probate thereof in due form.
Teste, PHIL. D. DAWE