I, CHARLES YANCEY, of the County of Louisa do make this my Last Will and Testament.
I give to my beloved wife, MARY YANCEY, in fee simple, a negro girl named Nanny, and all her increase, and all my household and kitchen furniture, my wearing apparel and my carriage and carriage-horses. I lend to my said wife all the rest of my estate, real and personal, during her life. But it is my will that my wife shall have the right and the power to give up, whenever she may think proper, any part of the estate herein lent to her, to my executor or executors to be, by them divided among my legatees, according to the manner in which it is hereafter directed to be distributed at her death.
I have already given by deed to my daughter RHODA CRAWFORD and her husband my son-in-law WILLIAM CRAWFORD the tract of land whereon I now live including Jones' tract and containing eleven hundred and eighty acres, which they are to account for at the rate of $5 an acre, and if the said land at the rate above mentioned, should not be in equal in value to all the rest of my estate at the time of my death (excluding the part given in fee simple to my wife) in that case, I give to my daughter RHODA, so much cost of my personal estate, to be received at the death of my wife as will with the said land be equal to the balance of my estate (It being my intention to give my daughter half of my estate, that is to say, all the rest of my estate I give to be equally divided (at the death of my wife) to the children of my deceased daughter ELIZABETH KIMBROUGH, to them and their heirs forever, except that to my great-granddaughter ELIZABETH BARRETT I give nothing, as her father P. S. BARRETT had a good estate by her mother, my granddaughter SARAH F. BARRETT, formerly KIMBROUGH and is now contending for more in right of said SARAH contrary to the provisions of ROBERT YANCEY'S will. And except also my granddaughter UNITY Y. PENDLETON's part shall not belong to her in fee simple; but it is my will that her part shall remain in trust in the hands of my Executors and by them shall be turned into money, and put out to interest, to be equally divided among the children of my said granddaughter UNITY as they come of age or marry. And it is my will that this bequest shall extend as well to any children which she may bear after my death as to those she may have before my death. And should my said granddaughter become a widow, it is my will in that case she shall have equally with her children in this bequest, taking a child's part with them in fee simple. And it is my will and desire that EDMUND PENDLETON, the husband of my said granddaughter UNITY, shall have no interest or concern whatever in any part of my estate, either in right of his wife or children, or any other way; but that all interest that shall accrue to them in my estate shall be rested in the trustees above mentioned, to be disposed of for the benefit of said UNITY and children as above directed. And it is my will and desire that whenever any division of my estate real or personal, takes place either at the death of my wife or in her lifetime by her consent, the property to be divided shall be sold, the land either in the whole tracts or in lots and upon such credit as shall be most advantageous to the estate and the slaves shall be sold in lots in such a manner as to avoid as far as convenient the evils arising from a separation of husbands and wives and mothers and small children. And whereas there is a considerable debt due me from the estate of ROBERT YANCEY, decd, if the residue of said ROBERT'S estate shall not be sufficient to pay the said debt, it is my will that the specific given in said will shall not be disturbed on account of the debt due me -- And whereas I have sold to Doctor ANDREW KEAN the interest which LOUISA C. WINSTON, formerly KIMBROUGH, and MARIA D. WINSTON, formerly KIMBROUGH, and CHAS. Y. KIMBROUGH and ELIZABETH C. KIMBROUGH and MARY S. KIMBROUGH have in a tract of land formerly the property of their father JOSEPH KIMBROUGH, deceased, they being under age at the time of said sale, and not capable of making a legal title; now if they or either of them when of lawful age, or their legal representatives shall refuse to make to said Doct. Kean or his legal representatives a good and lawful title in fee simple, to their right and interest in said land, when they shall be thereto required by said Kean or his legal representatives, then and in that case, I do hereby revoke and annul every gift and bequest herein made to the party refusing and they shall take nothing of my estate, and my executors shall sell so much of my estate personal, as shall be sufficient to indemnify and make whole the said Kean for the loss he shall sustain by such refusal; and the part or parts of my estate herein given to those refusing to convey shall be divided among the other children of my daughter ELIZABETH KIMBROUGH -- And whereas my son ROBERT YANCEY in his will bequeathed to the children of my said daughter [Elizabeth?] Kimbrough the Yanceyville tract of land and mills, in lieu of certain claims, in the said ROBERT's will mentioned, and it being my opinion, that [it] will be in the interest of my said grandchildren to abide by the provisions of ROBERT YANCEY's will and that it will prevent much trouble and vexation to do so; now if any of said grandchildren or their legal representatives, shall refuse to abide by the provision and bequest aforesaid; then, and in that case, it is my will that the parties so refusing take nothing of my estate, but the part or parts of those refusing shall be divided among the other children of my daughter ELIZABETH KIMBROUGH according to the provisions of this will -- And I appoint my son-in-law WILLIAM CRAWFORD and my grandson CHAS. Y. KIMBROUGH (when he arrives at the age of twenty one years) executors of this my will. Witness my hand and seal this 10th day of March 1813. Interlined with single words in a few places before signing.
DAVID WATSON NANNY GOODRICH
H. LAURANCE ELIZ'H SMITH
NAT. THOMASSON DAVID JOHNSON
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