I JECHONIAS YANCEY of the county of Albemarle do make, ordain and declare this instrument to be my last will and testament revoking all others.
In the first place all my debts are to be punctually paid and the legacies hereafter bequeathed are to be discharged as soon as circumstances will permit and in the manner directed.
Secondly, I give unto my wife the two first choice of my stock of cattle and as many of my beds now in my possession as my executors herein after mentioned may think necessary for her use. I give and bequeath unto her my negro woman by name Betty, together with two negro girls to wit, Linda and Marenda, one bay horse called Daniel and a sorrel mare together with farming utensils sufficient to work with all the property named as aforesaid. I give to her during her lifetime tho in the event of her marriage after my decease she forfeits all right, interest and title to the aforesaid property. And it is my will and desire that the property so forfeited shall be sold by my executors as aforesaid, and the money arising therefrom equally divided among my children.
Thirdly, I give and bequeath unto my son DAVID YANCEY a negro man named Jack now in his possession, together with $700 to be paid to him by my three sons viz. JEREMIAH, WILLIAM, AND CHARLES. This sum I give unto him in lieu of his interest as share in a tract of land hereinafter given to my three sons namely JEREMIAH, WILLIAM AND CHARLES. All this I give to him for his sole and benefit during his lifetime, and afterwards to the use of his children. It is to be expressly understood that the negroe man by name Jack given as above to DAVID YANCEY is not be sold nor hired out on any condition whatsoever.
Fourthly, I give unto my son CHARLES a certain negro boy by name Peter, a gray horse and the youngest child my negroe Betty now has. All this I give to him and his heirs forever.
Fifthly, I give unto my son JEREMIAH a certain negro boy named Lee for the use of himself and his heirs forever.
Sixthly, I give unto my son WILLIAM certain negro boy by name Jim together with a bay horse now in his possession. This I give to him and his heirs forever.
Seventhly, I give unto my daughter MARTHA two negro girls and a negro boy, viz, Jinny, Mary and Jefferson and a young colt I have. This property I give to her and her heirs forever.
Eighthly, I give unto my son JOEL a young sorrel mare and a negroe boy by name York. This I give him and his heirs forever.
I give and bequeath unto my three sons, that is, JEREMIAH, WILLIAM, and CHARLES, the tract of land whereon I formerly lived together with the land I bought of the heirs of Nelson Foster deceased containing as well as recollected 600 acres to be equally divided among them and their heirs forever. It is my will and desire that my sons JEREMIAH, CHARLES and WILLIAM shall pay jointly in all the sum of $700 to my son DAVID YANCEY, which sum is in lieu of the share I intended giving him in said land and it is to be expressly understood that the land so given them shall be liable to the payment of the aforesaid sum to my son DAVID.
I give to my son JOEL and daughter MARTHA the tract of land I now live to be equally divided between them out of which land they are to maintain their mother during her life, for which she relinquishes to them all the use profits and C____ arising from the property given her, the increase of the negroes excepted and the negroes given her as aforesaid all which are to be equally divided at her decease among her legatees.
It is my will and desire and I do hereby direct and empower my executors to cause immediately to be sold after my decease my negro man Mill and the money arising therefrom to be paid by them to my creditors and if the amount obtained from him should not be sufficient to discharge them ny exors. keeping in view the selling of property which will be least injurious to the legatees.
I do hereby give unto my son CHARLES the sum of eighty pounds extra of what is already given him and I hereby direct my exors. to pay out of my estate the aforesaid sum to him as soon as circumstances will permit this. I give him [this] for and in consideration of the affection he has paid in the manage of my affairs.
It is my will and desire that all the rest of my sons for whom money has been paid shall pay unto the estate the same so paid for them and the money so paid by them to be equally divided among the legatees.
And lastly, I constitute and appoint my friends, JOEL YANCEY SENIOR, JOSEPH COFFMAN, RALPH H YANCEY and JOHN BLACK executors to this my last will and testament hereby revoking all others made by me heretofore. In witness whereof I have hereunto set my name and
affixed my seal this ______ day of August 1818.
JECHONIAS YANCEY [SEAL]
Interlined before assigned
Signed, Sealed and delivered in the presence of:
LANCELOT B. LEE
N.B. If my wife does not stand to this my will my executors will immediately sell the property given her and divide the property among my children and it is to be distinctly understood that my wife is to be entirely under my executors directions.
At a court held for Albemarle County the 7th day of February 1820.
This instrument of writing purporting to be the last will and testament of JECHONIAS YANCEY was produced into the court and proved by the oaths of JOHN BROWNING and LANCELOT B. LEE witnesses thereto and ordered to be recorded.
Teste ALEX GARRETT, C A C