DATED: 1805
PROVED: 1805

Transcription from Marsha Moore: mesha@gate.net

Charles Rodes Will

I the name of God Amen, I Charles Rodes of Amherst County, State of Virginia being in a low state of health but in perfect sense and memory, thanks be to God for same, do make and ordain this my last will and testament hereby revoking all others in any wise before made by me, viz. I give and recommend my soul into the hands of Almighty God at my decease hoping and beseeching his gracious acceptance of the same and my body I desire to be decently interred at the discretion of my executors herein after named, and touching such worldly estate as it hath pleased God to bless me with. I desire in the first place that all my just debts should be paid. Secondly it is my will and desire that my beloved wife, Amy Rodes may have and retain in her possession free from the claim or claims or molestation of any person whatsoever for and during the term of her natural life the following property to-wit. All my land I now live on with all it appurtenances thereunto belonging with all my personal estate except such as hereinafter named and willed to others, it is my desire she may have as above the following negroes to-wit: Tom Abram, Jesse Simon, Jack Harvey, Elijah Beck, Lydia, Michael and Peggy Thiraly. I desire that the land I live on at the death of my wife Amy be divided in the following manner, beginning at the back line where the same crosses the creek thence down the creek to Johnsons old shop from thence down the Road to the land as it now runs between my house and David Rodes; to Charles Rodes old spring, thence down the spring branch as it now runs to the meadow fence along the said branch as the ditch conducts the same into the creek thence with the creek to the outside line, my son Charles Rodes to have the north side of said line and the south side I desire and will that Charles Yancey of Albermarle may be made Trustee for my son David Rodes and his children, and I hereby authorize the said Yancey to have full power to let my son David and his wife have the benefit of said estate or mot as he may see cause, and whenever he may see cause to divide the same among his children by his said wife Mary, he has full power to do so having regard to equality and what is most advantageous to my said son, David, and his wife, Mary (sister to said Yancey) and their children, and if said Yancey should die before the same is completed I authorize him to appoint a fit and proper person to act in his place and the tract of land I hold in Albermarle whereon Thomas Martin my grandson is now lives I give and bequeath to him at my death and the tract of land I purchased from Wm. Fox in Amherst lying on Meriweathers Branch and Indian Branch I give and bequeath to my daughter Jane Garland at my decease it is also my desire that my daughter Anna Martin living in Kentucky should have my negro woman Kiz and her child Elijah at my death and all the increase of said negro Kiz except Michael it is also my desire that my grandson Charles Martin should have Harvey a negro boy at my wife’s death and all the rest of my negroes not named I desire to be sold at death and the money arising from said sale to be equally divided between my daughters Mary Martin, Jane Garland and my son Charles Rodes and my daughter Anna Martin and my son David Rodes his part to be subjected in the same manner as the land and in the power of the trustee to dispose of for there benefit it is also my will that my son David should have my negro man and Lucy daughter of Milly subjected to the management as above mentioned by the Trustee and all the negroes _________ in my life time and now in the possession of my children of their assigns. I hereby confirm the same except the negroes given by me to my daughter Lucy when she married Azariah Martin which is to go to her children if she has any and if ___ at her death to come back into my estate to be equally divided among my children as above named and their heirs if they be dead and I give to my said daughter Lucy Martin five shillings in full of all she is to receive out of my estate at my decease and at the death of my wife all the estate I have left to her Anna Martin and my son David Rodes his part to be subject to the management of the said Yancey as Trustee who being connected to my said son David’s family I have full confidence that he will have regard to their benefit and will do everything for the benefit of said family and I hereby authorize him and give the power necessary in his judgment and those who he may appoint to dispose of the same in any manner he sees cause having regard to equality and their benefit and its also my desire that out of the estate sold at my wife’s death that my granddaughter Amy Martin daughter of Anna Martin and my granddaughter Amy Rodes daughter of Charles Rodes and my granddaughter Amy Rodes daughter of David Rodes should have each one hundred dollars and lastly I constitute and appoint my son Charles Rodes and my grandsons Thomas Martin and Charles Martin executors to this my last will and testament in Witness Whereof I have hereunto set my hand and seal this nineteenth day of March one thousand eight hundred and five.

Charles Rodes (Seal)

In presence of

Hudson Martin, Jr.

Wm. Martin

John H. Rodes

Dilmus Johnson

At a Court held for Amherst County this 17th day of June, 1805, This last will and testament of Charles Rodes, deed was presented in Court by the executors therein named and proven by the oaths of Hudson Martin, Jr. William Martin and Dilmus Johnson subscribing witness thereto and Thomas Martin and Charles Martin the executors named in said will personally came into court and qualified according to law and entered into Bond with Charles Yancey, Azariah Martin and Hudson Martin, Jr., their securties in the penalty of forty thousand dollars current money conditioned as the law required. Certificate is granted then for obtaining a probate thereof in due form and said will is ordered to be recorded.

Teste: W. S. Crawford, C. A. C.

A Copy, Teste: Wm. E. Sandidge, Clerk

Will Book No. 4

Page 176