Will: Elizabeth Whiting

Will of Elizabeth Whiting
PWCo. Will Book K, pg. 99

I Elizabeth Whiting of Snow Hill, Prince William County being of sound mind and memory, do make and ordain this my last Will and Testament in manner and form following ~ Imprimis, whereas upon my marriage to my much beloved Husband Mr. Matthew Whiting deceased I was seized of several Tracts of Land which he afterwards found it necessary to dispose of and did sell to sundry persons under a promise that the title should be made complete in the Purchasers by my joining in the conveyances, which has not been done in compliance with my said Husbands promise, and the expectation which has thereby been exhibited, I do hereby declare that the said sales have been sanctioned by me and do hereby for myself & my heirs, relinquish all claim to all and every Tract that was sold by  him in which I was interested, and in the conveyance whereof, I have joined. To this act I am the more inclined, from a promise that it should be done made by me to my said beloved Husband, who has consequently disposed of his Estate by his Will agreeably to my Wishes.

Item. I give and bequeath to my Executor in trust for Cecelia G. Brooke, Wife Mr. Matthew W. Brooke of Page Land two negro girls Sarah and Celea grand daughters of my Woman Pegg, which negro girls I desire may be subject to my said neices disposed either by deed or by Will and if my said neice should die without making such disposition or without having any children of her own to inherit them, I desire that Sarah may go to her neice Cecelia Beverley, Whiting, and Celea to go to Ann daughter of Mr. Lewis B. Whiting.

Item. I give and bequeath to my neice Eliza Francis Carter my negro girl Eliza, daughter of Pegg, and all her and her future increase (except Letty Felicia Corbin) to her and her heirs forever.

Item. I give and bequeath to my neice Elizabeth Alexander wife of Mr. Gerrard Alexander my servant girl Fanny granddaughter of Pegg and all her future increase to her and her heirs forever.

Item. I give and bequeath to my neices Seniora Brown, Sarah Scott and Maria Whiting, each the Sum of eighty five pounds to be laid out by them in a negro girl, which sum is to be raised by my Executor from the sale of such property as is herein after directed to be sold, and to be paid when the same shall be so-raised.

Item. Whereas my beloved Husband in his life time did verbally give to my dear little Toz Edmonia Brooke the little girl called Letty Felicia Corbin, granddaughter of Pegg, I desire that the said girl shall belong to her and this bequest being in conformity to his wish, which he neglected to fulfill by a deed of conveyance, I desire that the said Toz Edmonia Brooke may nevertheless share equally with the granddaughters of my Sister Brown in the distribution of that portion of my Estate hereinafter bequeathed to them.

Item the above named negroes that are specially bequeathed are all descended from Pegg, and are subjected by my beloved Husband's Will to my disposal. Those to whom they are given (except Toz. Edmonia Brooke) are not to share with those herein after named in any other part of my EState, being greater share than some of the rest will have

Item. I give and bequeath to my nephew Matthew Whiting Brooke my servant boy Zachary, son of Pegg, whom he has taken as a Waiting Man, together with Zachary's wife Lizza, her child Fenton Meveer, and all her future increase. In the division which is directed by his uncle's Will of the slaves between the said Matthew W. Brooke and myself, the negro boy Jerry is given to my said Nephew which boy he will have no hesitation to give in exchange for Zachary and his Wife and Children so given him by me. To my said Nephew Matthew W. Brooke, I also give and bequeath the following property viz., a little boy called Richard, grandson of Pegg, which boy I desire he may keep as a Waiting Man in remembrance of me. I give to him also all the household and kitchen furniture, with all the plantation and farming utensils, carts, and waggons, and one half of all the stocks of every kind on the farm also the gold watch which was worn by his Uncle, and which, in his life time he expressed a wish that Matt should have after his death.

Item. I give and bequeath all the slaves not before given away, that I may be entitled to upon a division with my Nephew Matthew W. Brooke with the other half of my stocks of every kind, to be equally divided among my neices, Martha Lavinia Brown, and all the granddaughters of my Sister Brown, not before excluded from a participation in the bequest, and in order that this division (may) be rendered easy, and made equal, I direct that the said negroes and stocks may be sold by my Executor on a credit of six months and that the money (after raising the legacies given to Seniora Brown, Sarah Scott and Maria Whiting) to be equally divided between them by paying the same to their Father, Mother or Guardian.

Item if any of my neices to whom I have given specific legacies die before I do, or any of the residuary legatees die before I do, I direct that such legacies as are left them go into the residue of my Estate and be equally divided as I have before directed the residue of my Estate to be.

Item it is my will and desire that the hands belonging to me and the stocks on the Farm, may be kept together by my Executor to finish the crops that may be growing at the time of my decease, and the Proceeds of such crop and the crop that may be upon hand unsold, may be applied in the first place to the payment of such debts as I may owe ~ in the next place to the payment of such debts as may be due from the Estate of my much beloved Husband in the next place to the discharge of the legacies left by him, and if there be any surplus, that, the same be equally distributed among the granddaughters of my Sister Brown (except those before excepted) and my neice Martha Lavinia Brown.

Lastly I constitute and appoint my friend and relation Edmund Brooke Executor of this my last Will and Testament. In testimony whereof I have hereunto subscribed my name and affixed my seal this 29 of Apl. 1811.

Elizabeth Whiting {seal}

Signed sealed and declared as the last Will and Testament of Elizabeth Whiting in presence of
J. Scott, Edw. Carter, E. Brooke
Lewis B. Whiting, Josiah Tidball

Before the above Will was signed I wish it to be notified and remembered that in the bequest of the residue of my slave and half stocks to granddaughters of my Sister Brown that now are to be included that are not now in being that is at the time of the execution of this Will.

Elizabeth Whiting {seal}

At a Court for Quarterly Sessions held for Prince Wm. County, August 5th 1811.

This last Will and Testament of Elizabeth Whiting decd was presented to the Court by Edmund Brooke (the) Executor therein named who made oath to the same according to law, and the said Will being proved by the oaths of Josiah Tidball & Lewis B. Whiting is ordered to be recorded. And the said Edmund Brooke having taken the oath of an Executor and performed what is usual in such cases certificate is granted him for obtaining a probate thereof in due form.

Teste, J. Williams   Cl.