Will of J.M. BOSTWICK

 

 

In the name of God, Amen. I, Jefferson M.Bostwick, being of sound mind and memory but unsound in body, dohereby make, constitute and appoint this as my Last Will andTestament.

 

Item 1st It is my will and desire that myExecutors hereafter named, will pay all my just debts as soon as theypossibly can out of Debts & Demands owed to me and in case thatthey cannot collect sufficient in the course of six months after mydeath it is my will and desire that they sell my lands inWilliamsburg District and such a credit as they may think mostadvisable and apply the proceeds in payment of my debts and shouldthe sale of the land and debts due me not be sufficient, I wish myhouse and lot in Sumterville sold for that purpose and should it berequesit to sell the house and lot for that purpose and a surplusremains out of debt due me and the sales of the lands, house &lot after paying my just debts, I will and desire that this amountshall be laid out in a house & lot after paying my just debts Iwill and desire that the amount shall be laid out in a house &lot or a plantation and premises whenever my beloved wife Margaretmay choose and that she shall have the use and benefit thereof duringher natural lifetime and after her death to belong to my daughterAlice and her legal heirs.

 

Item 2nd It is my will and desire that in case itshall take all the debts due to me and the proceeds of the sale ofthe lands & house & lot before mentioned to pay all my justdebts then in that case it is my will and desire that my Executors& Executrix will purchase a house & lot on a plantation andpremises wherever my beloved wife Margaret my select and that thesaid house & lot or plantation & premises shall not cost morethan one thousand dollars and that the amount shall be made &raised out of the hire of such negroes as my beloved wife may thinkproper to hire out. Also that the same may be purchased payable inthree annual payments.

 

Item 3rd It is my will and desire that my belovedwife Margaret shall have the use and benefit of the said house &lot or plantation & premises during her natural lifetime andafter her death to go to the use and benefit of my daughter Alice andher legal heirs.

 

 

Item 4th It is my will and desire that in case itshould not be required to sell my house & lot in Sumterville forthe purpose above named that my beloved wife shall have the use andbenefit of said house & lot during her natural lifetime butshould she prefer selling the same it is my desire that sale shall bemade and the proceeds laid out in purchasing a residence for herduring her natural lifetime and after her death to become theproperty of my beloved daughter Alice and her lawful heirs.

 

Item 5th It is my will and desire that none of myproperty shall be sold (except what is named before) but remain inpossession of my beloved wife Margaret during her natural lifetimeand widowhood for the purpose of supporting herself and my beloveddaughter Alice and applying such portion of the income as may berequisite to educate my beloved daughter Alice in a proper &becoming manner.

 

Item 6th It is my will and desire that in case mybeloved wife Margaret should marry again that all my property shallbe divided inn three equal parts and that one third part thereofshall become her own right and property in lieu of her dower arisingfrom my estate.

 

Item 7th It is my will and desire that in case mybeloved wife Margaret shall marry again that the two thirds of myestate which become the property of my beloved daughter Alice shallbe held in trust by my Executors and Executrix the income thereof tobe applied to her support and education and should my beloveddaughter marry it is my will that her property be settled on her andher legal heirs at law and not subject to thee debts due by herhusband.

 

Item 8th It is my will and desire that in case mybeloved wife Margaret shall outlive my beloved daughter Alice thatthe property shall go into possession of my beloved wife Margaret whomay dispose of it as she may think proper, except in case my daughterAlice may leave an heir or heirs of her body in which case theproperty to go to her child or children.

 

Item 9th It is my will and desire that my sisterMrs. Eliza Thompson shall have the use and benefit of my negro fellownamed Antony now in her possession during her natural lifetime orwidowhood and after her death or widowhood the said negro to returninto possession of my wife and child.

 

Item 10th I give and bequeath unto myFather-in-Law and friend, Dr. William Ballard a suit of mourningalso to his son William S. Ballard a suit of mourning, also a fullsuit of mourning to the wife and children of John F. Ballard also afull suit of mourning to the two daughters of Maj.

John Ballard.

 

Item 11th It is my will and request that mybeloved wife Margaret shall act as my Executrix and my friends MajJohn Ballard & Maj. William Haynesworth as my Executors to thisMy Last Will and Testament having full confidence in their integrityin fulfilling all my will as above stated according to its intent& meaning wishing them to construe the same as they may think andbelieve I intend and I do hereby declare this as my Last Will andTestament as

 

Witness my hand and Seal } J.M.Bostwick

Declared published and Signed }

As the last will and testament }

Of Jefferson M. Bostwick in }

Presence of us this 25th day of }

July 1840.

 

John F. Ballard

W.B. Bower

Wm. W. Bower

 

Codical:

 

I will and bequeath unto the two children of JohnF. Ballard, one hundred dollars each to be laid out at interest tillthey become of age and at that time the principal and interest to bepaid over by my Executrix & Executors.

 

Witness the 25 July 1840 J.M.Bostwick

John F. Ballard

W.B. Bower

Wm.W. Bower

 

(Recorded in Will Book B 2 pg 21)

(Recorded July 25th 1840)

W. Lewis C.S.D.

Bundle 16, Page 15