Will: Elizabeth F. Cannon (1845)

Will of Elizabeth F. Cannon
PWCo Will Book P, pg. 165
Dated 28 May 1829; Proved 3 March 1845

I, Elizabeth F. Cannon, of the County of Prince William and State of Virginia, do make this my last will and testament in manner & form following, that is to say:

I give and bequeath unto my brother John P. Cannon one  half of the whole of my estate of every nature, kind and description whatsoever, including all money on hand and all debts due & which may be due unto me; also all my right title and interest in and to the undivided part of my father's estate, lately held in right of dower by my now deceased mother to be held and enjoyed by him my said brother, and by his heirs forever.

I give and bequeath to my said brother Jno P. Cannon the other remaining half of all my estate, as above described, to be held by  him in trust, for the sole benefit and behoof of my sister Sarah E. Phillips, and to be managed and disposed of by him, in such manner as she my said sister may from time to time by writing duely authenticated, or by her last will and testament direct or appoint, notwithstanding her coverture, to the intent that the same may not be subject to the control, debts, forfeiture, or engagements of her husband William F. Phillips, and in default of such direction, or appointment by will it is my will and intent that the same shall descend to and be enjoyed by my said brother Jno. P. Cannon and by his heirs forever. 

But nevertheless, should my said sister Sarah E. Phillips survive her husband William F. Phillips, then and in that case, it is my will and intent that the above trust vested in my said brother shall cease and all right and title in and to the estate therein described be as firmly vested in her as though her husband were dead at the time of this bequest, and said estate had been directly bequeathed to her.

Lastly, I constitute and appoint my brother Jno. P. Cannon, sole executor of this my last will and testament, requiring no security of him, either as trustee or executor, hereby revoking all other or former wills or testaments, by me heretofore made.

In witness whereof, I have set my hand and affixed my seal this twenty eight day of May in the year eighteen hundred and twenty nine.

Elizabeth F. Cannon {seal}

Signed, sealed, published and declared as and for the last will and testament of the above named Elizabeth F. Cannon (with the word, "by will" injected over the twenty ninth line) in presence of us

Ann Sowden
John Sowden
May P. Cannon

At a Court of Quarterly Sessions held for Prince Wm. County, March 3, 1845

This last will & testament of Elizabeth F. Cannon dec'd was presented to the Court & being proved by the oath of John Sowden & May P. Cannon, subscribing witnesses thereto, was ordered to be recorded; and on the motion of John P. Cannon, the executor named therein, who made oath thereto & entered into & acknowledged a bond without security (according to the request of the Testatrix) in the penalty of $7000 (the Court being of opinion that she has left property more than sufficient to pay her debts) certificate is granted him for obtaining a probate of the said will in due form.

Teste, J. Williams  c.c.

[William F. Phillips and Sarah Edith Cannon were married on 14 May 1817 in Prince William County.  Evidently, Sarah's sister Elizabeth was not a fan of the union.  ~cgl]