Will: John Daniels

I, John Daniels of Jefferson County and State of Virginia do make this my last Will and testament in manner and form following, that is to say:

First, I give bequeath and devise to my beloved wife Nancy one third part of my estate, as well my Land, as of my negroes, and other personal property for her during her life.

Secondly, I give bequeath and devise to my nine children, namely, John H. Daniels, Lydia H. Miller (late L. H. Daniels), Sally B. Daniels, Catharine B. Daniels, Nancy B. Daniels, Mary B. Daniels, William B. Daniels, Dennis B. Daniels, and Benjamin B. Daniels, their heirs and assigns forever, all my estate or property both real and personal of what kind and nature soever, of which I am possessed or seized, or in any manner entitled to, in Law or Equity, to hold to them and their heirs and assigns forever, to be equally divided among them, when the youngest child shall have attained the age of twenty one years, subject nevertheless to the widow’s dower, and also to the bequests and conditions hereinafter contained and imposed.

Thirdly, I give and bequeath to my nine children one negro each, that is to say, To John H. a boy named Sam, to Lydia H. a girl named Betsy, to Sally B. a girl named Charity, to Catharine B, a girl named Patsy, to Nancy B., a girl named Ann, to Mary B., a girl named Hannah, to William B., a boy named Griffin, to Dennis B., a boy named William, to Benjamin B., a boy named Robert, which said negroes together with their offspring, if any, are to be given to my said children as they respectively attain the age of twenty one years; and in the event of one or more of the said bequeathed negroes dying during the majority of the legatee to whom the same had been bequeathed, then it is my will and desire, and I hereby authorize and direct my Exectrise and Executor herein after named, to give to such child, or lagatee another or others of equal value in lieu thereof.

Fourthly, whereas my two eldest children John H. Daniels and Lydia H. Miller (late Lydia H. Daniels) were entitled to the sum of two hundred dollars each, out of the estate of Isabella Hart, which said sums of money came into my hands, and are still due from me, no part of the principal having been paid, though I have advanced to each money and property to the amount of about one hundred dollars, which is in full of interest; it is my will and desire and I hereby authorise and direct my Executrise and Executor hereinafter appointed to pay the said sums of two hundred dollars to the said John H. Daniels and Lydia H. Miller, their heirs and assigns immediately after my decease; which said sums being a debt due from me are not to be deducted from their respective equal shares in my estate.

Fifthly, it is my will and desire, and I hereby further order and direct, and the several parts and clauses of this my last will and testament are to be so construed, that all my lands shall be cultivated and kept up, as one entire farm (as at present) by my Executrix and Executor hereinafter named, until my youngest child shall have attained the age of twenty one years, at which time, a division may be made, or sales effected from some of the heirs to others, without permitting any part to go out of the family; and for that purpose, the said Executrix and Executor are hereby authorized and directed to keep, emply and work upon the farm such of the negroes, stock, farming utensils, and other property, as may be deemed necessary, except the negroes which may be given up to legatees in conformity with the special bequests herein before made, and the profits arising therefrom, or so much thereof as may be required, to be applied to the support and maintenance of my wife Nancy and my nine children before mentioned and for the education of the younger children. In other words my wife Nancy to be entitled to one third part of the said profits and also to one third part of the interest on all monies belonging to the estate that may be put out or loaned upon interest, and the remaining two thirds of the profits from the farm or interests upon monies loaned to be equally divided among my said children: provided, nevertheless, that nothing herein contained shall be so construed as to prohibit my said Excutrux and Executor from making distribution to the several heirs upon their coming of age or at any time thereafter, if they should think proper to do so.

Sixthly, and lastly, I hereby appoint my beloved wife Nancy Daniels and my son John H. Daniels Execurtise and Executor for the faithful discharge of the duties hereby imposed; and I also direct that no sale of my personal estate shall be made, or at least, required to be made; and I hereby revoke all, and declare void all former wills by me made. In witness whereof, I have hereunto set my hand and seal, the second day of November in the year of our Lord one thousand eight hundred and thirty two.

John Daniels (seal)

Signed, sealed, published, and declared by the above named John Daniels to be his last will and testament, in presence of us, who have hereunto subscribed our names as witness, in presence of the testator.

Sam’l Strider
Bunbury Bennett
Thomas Bennett
Edw Lucas, Jr.

It is my wish that the balance of my young negroes not mentioned in my last will be divided among my children. Thus, to John H. Daniels, I give Rachael, To William B. Daniels, I give Palais, To Dennis B. Daniels, Susan, To Benjamin B. Daniels, Jacob, To Lydia H. Miller, Nelson, Sarah B. Daniels, David, Catharine B. Daniels, Edward, To Nancy B. Daniels, John, to Mary B. Daniels, Alfred. As it is my wish I hope my children will be satisfied.
As witness my hands this 16th day of April 1834.

John Daniels (seal)

Teste
Lydia Engle