IN THE NAME OF GOD AMEN.
I John NEWLAND of the County of Wythe VA. being weak in body but of sound and disposing mind and memory; do make and publish this my last will and testament in manner following, to wit:
1st. I will that all my just debts and funeral expenses be paid
2ndly. I will that all my estate (except my slaves) be sold after my decease.
3rdly. Whereas my wife has relinquished all claim to dower in my estate, and hath agreed to accept & receive the sum of one thousand Dollars, after my decease in lieu of her said Dower, I do therefore will and bequeath to her the said sum of one thousand Dollars; and direct that my executers hereinafter named pay to her that sum at the expiration of six months after my decease, a bond having heretofore been executed by me for that sum.
4thly. I will that all the money arising from the sale of my estate, as well as whatever I may have on hands at my decease (including all outstanding debts) after the payment of my just debts and funeral expenses, and the sum of one thousand dollars to my wife; be equally divided between my sons Isaac, Joseph, Henry, William and Jessee NEWLAND and my daughter Elizabeth MITCHELL, the children of my daughter Sarah BURGE, the children of my deceased son John and Ezekiel NEWLAND, and the children of my deceased daughter Polly MADDOX. ( The children of my daughter Sarah BURGE to take only on child’s part between them, and the children of my deceased sons and daughters above named to take only the shares of their deceased parents.)
5thly. I will that all my slaves (except old Betty & my yellow boy Jack hereinafter disposed of) be appraised and equally divided between my sons Isaac, Joseph, Henry, William and Jessee NEWLAND, my daughter Elizabeth MITCHELL, the children of my daughter Sarah BURGE, the children of my deceased sons John NEWLAND and Ezekiel NEWLAND and the children of my deceased daughter Polly MADOX; and I direct that the Commissioners to be appointed by the Court for the purpose of making said division do proceed as soon as convenient after their appointment, to divide the said slaves into ten lots or parcels as equally as they can as to value; and assign (by such mode as they may think best to adopt) one of the said lots or parcels of slaves to each of my said sons Isaac, Joseph, Henry, William and Jessee NEWLAND, one to my daughter Elizabeth MITCHELL, one to the children of my daughter Sarah BURGE, one to the children of my deceased son John NEWLAND, on to the children of my deceased son Ezekiel NEWLAND, and one lot or parcel to the children of my deceased daughter Polly MADOX.
6thly. I will that the slaves which may be assigned by the said Commissioners to the children of my daughter Sarah BURGE, and the children of my deceased sons John NEWLAND and Ezekiel NEWLAND, and my deceased daughter Polly MADOX be disposed of by my executors in the manner best calculated to advance the interests of the said children, and the money arising from such disposition, as also that herein before devised to them, be paid to them by my executors in due proportions as they respectively attain the age of twenty one years. And the money which may be sue to such of the said children as shall be under age at my decease, or at the time their due portion is ascertained, I direct that my executors put to interest until each of them arrives at full age.
7thly. I will that my sons in law Robinson BURGE and William MADOX, shall not have or exercise any control whatever over any money or property or other thing herein before or herein after devised to the children of my daughter Sarah BURGE & of my deceased daughter Polly MADOX.
8thly. Whereas I have heretofore given to my son James NEWLAND a considerable quantity of land and three negroes to wit: Stephen, Edy and Frederick which he has received, I will that he receive nothing more from my estate.
9thly. Whereas my negro woman old Betty is infirm and likely to become a charge, I will and bequeath her to my son in law Zecheriah MITCHELL without requiring him to pay anything for her to any of the other heirs; I also will and bequeath to him my yellow boy Jack requiring him to pay for him the sum of one hundred and twenty five Dollars under the following proviso, to wit, that if in the opinion of two disinterested men to be chosen for that purpose, it will cost my son in law Zecheriah MITCHELL that sum or more to keep & maintain old Betty during her life, then he is not to pay any part of the one hundred & twenty five Dollars to any of the other heirs but if in the opinion of those men it will not require that sum to keep & maintain old Betty during her life, then my said son in law is to pay to the other heirs hereinbefore mentioned in due proportions whatever shall remain of the one hundred & twenty five Dollars, after deducting therefrom the sum that shall be adjudged to require for the support of said woman retaining his own proportion of the said surplus.
Lastly I do hereby constitute and appoint my son in law Zecheriah MITCHELL and James NEWLAND Executors of this my last Will and testament, hereby revoking and annulling all former wills & codicils, and acknowledge this to be my true last Will & Testament.
In Witness whereof I have hereunto subscribed my name and affixed my seal this 13 day of April 1831.
John NEWLAND (seal)
Witness:
Adam SHAVER
David VAUGHT
VIRGINIA: At a court held for Wythe County, at the Courthouse, on Monday the 13 day of May 1833.
This, the last Will and Testament of John NEWLAND decd. was presented in Court, proved by the oaths of Adam SHAVER & Abraham VAUGHT subscribing witnesses thereto, and ordered to be recorded.
And on the motion of Zecheriah MITCHELL and James NEWLAND the executors named in said Will who made oath thereto, and with John GANNAWAY Sr., Andrew S. FULTON, John P. MATHEWS and Peter GROSECLOSE their securities entered into and acknowledged a bond in the penalty of $20,000 conditioned as the law directs, certificate is granted them for obtaining probate of said will in due form.
Teste:
J. P. MATHEWS, Cl.
A copy - Teste:
R. C. PATTERSON, Clerk