Will: Matthew Whiting (1810)

Will of Matthew Whiting
PWCo Will Book K, pg. 77

In the Name of God Amen! I Matthew Whiting of Snow Hill in the County of Prince William, being mindful of the uncertainty of human life and desirous of disposing of such worldly estate as it hath pleased God to give me, do whilst of sound mind & memory make and ordain this my last will and testament in manner and form following that is to say.

Imprimis, I give and bequeath to my much beloved wife the whole of my estate real and personal, for and during her natural life, and one half of my negroes forever, which she is hereby authorized to dispose of by Will, not to take effect however, should I be the longest liver till my death, when the same will be carried into execution.  In the division which will then be made of the negroes, I direct that Ciller and her children, Eliza and her children, Fanny, the Grand-daughter of Pegg, may fall into the division that may be set apart for my wife. I also give and bequeath to my beloved wife all my stocks of every kind, to do as she pleases with, and allow her only the use of the household and kitchen furniture during her life, when it shall go in the manner hereinafter directed.

Item, In Testimony of the Love and affection which I bear to Matthew Whiting Brooke junior the son of W. Edmund Brooke whom I have always patronised and educated, and who is dear to me, I give, devise and bequeath to him the whole of my Land with one half my negroes, and the houses, household and kitchen furniture aforementioned, after the death of my wife, to him and his heirs forever; and in the division which shall be made between himself and Aunt of the negroes, I direct that Jack, Jerry and Pegg may fall into his division.

Item, being desirous of leaving a testimony of my affection for the following persons, I give devise and bequeath to them the following Legacies viz., to my nephew M. W. Brooke senr. I give and bequeath the sum of three hundred pounds.  To my grand-niece Nancy Ingram the oldest daughter of M. Thomas Ingram I give one hundred pounds. To Nancy Powell the oldest daughter of Maj. Powell of Middleburg, I give and bequeath one hundred pounds. And I give and bequeath the same legacy of hundred pounds to Lucy Diggs the oldest daughter of M. Thomas Diggs which said several pecuniary Legacies are to be paid within four years after my decease.

Item, If there be not enough personal property at my decease to pay my debts, it is my will that my land be liable. Lastly, I constitute and appoint my brother Francis Whiting and my friend Edmund Brooke Executors of this my last will and testament, hereby revoking all former wills and establishing this as my last. In Testimony whereof I have hereunto subscribed my name, and affixed my seal this sixth day of February in the year of our Lord One thousand eight hundred and six.

M. Whiting {seal}

Signed, sealed and acknowledged as the Last Will and Testmanet of Mathew Whiting in presence of
Richd. B. Alexander
John McClenachan
E. Brooke

At a Court cont'd & held for Prince William County Decembr 4, 1810

This last will and testament of Mathew Whiting decd was presented to the Court and being proved by the Oath of Edmund Brooke was ordered to be Certified and at a Court held for said County February 4th 1811 this said Last Will and Testament of Mathew Whiting decd was presented to the Court and being fully proved by the Oath of Richard B. Alexander was ordered to be recorded and Edmund Brooke one of the Executors therein named having made oath to the same according to law and taken the Oath of an Executor and given bond with security according to law Certificate is granted him for obtaining a probate thereof in due form.

Teste, J. Williams    Ct. Cur

Will: Matthew W. Brooke

MATTHEW W. BROOKE Will

Prince William County Will Book L, pg. 8

18 Aug 1816; proved 03 Dec 1816

I MATTHEW W. BROOKE of the county of Prince William being sick and infirm in body, but of sound and perfect mind do make this my last will and testament as follows – First I commit my soul to Almighty God and my body to the earth to be decently intered at the discretion of my Executor hereafter named.  Secondly I subject the whole of my Estate to the payment of my debts and afterwards the residue thereof both real and personal to be kept together for the mutual benefit of my beloved wife and daughter BETTY WHITING during the minority of the latter, unless she marry before it expire.  Upon her attainment of the age of twenty one years, or marriage before that period, it is my will and desire that an equal division of the whole of my estate be made between my wife and daughter, and that the former hold her moity during her natural life, if she shall so long remain in a state of widowhood.  Thirdly, if my wife shall at any time marry I devise and bequeath to her one third only of my estate real and personal during her natural life, and direct that upon her marriage if no division of my estate shall have been made at that time, she shall receive and be entitled to no more, and if a division at that time shall have been made, that the excess above one third be restored to my daughter.  Fourthly, in the event of my daughter’s death before she shall have attained the age of twenty one years I give to my wife in like manner one moity of my estate real and personal during her widowhood and in case of her marriage, one third only during her natural life, at her death to be divided between my sister LUCY INGRAM’s children now living.  Lastly, I commit the protection of my wife, and guardianship of my daughter, to my friend Mr. THOMAS INGRAM whom I do hereby appoint my Executor.  In testimony hereof I affix my hand & seal this 16^th day of August eighteen hundred and sixteen.

M. W. BROOKE   {seal}

Signed & published in presence of

LUCY B. DIGGES, MARTHA L. BROWN, JAMES W. WALLACE

At a Court held by adjournment for Prince William County December 3^rd 1816.

This last will and testament of MATHEW W. BROOKE decd was presented to the Court by THOMAS INGRAM the Executor therein named who made oath to the same according to law and the said will being proved by the oaths of LUCY B. DIGGES and JAMES W. WALLACE is ordered to be recorded and the said THOMAS INGRAM 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, PHIL. D. DAWE