Charles Ewell Jr Will Transcription

Date: 9 Oct 1823 to 5 May 1860
Location: Prince William, Virginia, United States
Surname/tag: Ewell

Charles Ewell Jr. Will
I Charles Ewell of the County of Prince William and State of Virginia being of Sound and disposing mind and not knowing when it please Almighty God to remove me from this world do make and constitute this my last will and testament as follows (towit) It is will that my Executor hereinafter mentioned shall so arrange and adjust my personal estate either by sale or otherwise as he may deem it advantageous to the discharging of my just debts avoiding if possible by any means in his power the disposal of my slaves either by sale or any other way I leave my land now tenanted by Daniel Nickens near ____ to be sold for the payment of my debts together with my lease near Milford on Brestor tract if my Executor deem it necessary I leave my land lying in the estate [sic] of Kentucky and county of ______ to my children to be divided equally amongst them containing 1000 acres_ _ _ _
It is my will that my slaves Fanny, Jim, Williamson, Louisa and child Nelson, Beck and her child Jane shall be hired out annually to good masters together with Letty and Kitty and increase leaving my wife the choice of two small maels [sic] she paying the hire of one dollar each to be exchanged when she deems it necessary during her life I leave of third of the hire of my slaves and their increase to my wife, the remainder to be divided between my children Sarah Ann Ewell, Joseph F. Ewell, and Lucy Ewell in the following manner, three eighth part of said hire to my daughter Lucy Ewell, two eighths to each of my sons Joseph and Edwin Ewell and one eighth to my daughter Sarah Ann Ewell—It is my wish that all the increase of my negroes hereinafter named shall be free at the age of twenty five and their increase if any to be free at the same age those only who were born before their parents arrived at the age of twenty four, those born after to be liberated with their mother-the said increase are to be hired out annually as the first and their heirs to be appropriated and distributed in like manner.
It is my wish that each increase shall be bound to some useful trade at the age of twelve to serve two or more years as the guardian or agent of my wife shall deem necessary—It is my wish that my wife shall make choice of any thing she may want out of my -- -- of every discription [sic] to left to my children at her death. It is my wish that my books such as are valuable shall be preserved in a box securely for my childrens use and benefit. It is my wish that my property I may have personal or real not herein mentioned shall be divided between my wife and children, giving to my wife one third of the same the balance divided equally between my children—It is not my wish that the children Nelson & Jane should be included amongst the old slaves, but the increase. It is my wish that the division of my slaves shall ever be made amongst my wife and children but to remain under the Superintendence of the Guardian (and his successors) hereinafter named—It is my wish that if Nancy my wife and children and their Guardian shall think proper to remove to their land in Kentucky that they shall convey all the slaves with them but not without the removal of all parties—It is my wish that the hire or money arising therefrom belonging to my daughter Lucy a good an sufficient plank or post and rail fence shall be placed around the two lots at Brentsville belonging to my sons Joseph and Edwin H Ewell—It is my wish that my two sons Joseph and Edwin shall be bound out to some useful trade and to some Kind master—And lastly I appoint I appoint [sic] my father Charles Ewell Sr my executor to this will and also Guardian to my wife and children as witness my hand this 9th day of October 1823.
Charles Ewell Jr
Test Robert Hamilton, Landon Carter Jr, Richard H. Carter

I Charles Ewell Jr do make constitute and appoint this to be a codicil to my foregoing last will and testament in manner following—That is to say that if any of the increase of my slaves mentioned in my foregoing will shall at the time of arriving at the age of twenty five years choose to remain in the State of Virginia in a state of slavery to being free and to remove out of this state that they shall in that case indent themselves for life to the then Guardian or trustee acting for my wife and children and shall be hired out and disposed of as my other slaves, ????ing to the increase of the said indentee servants the privilege of choosing to be free not as they think proper at the age of twenty five years In witness whereof I have hereunto set my hand and seal this 20th day of October 1823. Charles Ewell Jr
Test Robert Hamilton, Landon Carter Jr, Richard H Carter

At a court of quartily session hel for Prince William County November 3rd 1823 This last will and testament of Charles Ewell Jr deceased with a codicil thereinafter written was proved by the witnesses thereto and ordered to be recorded, and at a court held for said county December 2 1823 Charles Ewell Sr the Executor named in the last will and testament of Charles Ewell Jr deceased came into court and made oath to the same according to law and having taken the oather of an Executor and performed what is usual in such cases certificate is granted him for obtaining a probate thereof in due form. Teste P. H. Dowe clk
A copy Teste J Williams C C

State of Virginia Prince William County (towit)
I John Williams clerk of the count court for the said County of Prince William in the State of Virginia do hereby certify that the foregoing is true transcript of the record of said Court. In testimony whereof I hereunto set my hand and annel to seal of the said Court this 2ith day of September 1847 and in the 72 year of the Commonwealth
J Williams

Virginia Prince Williams County towit
I Charles Ming presiding Magistrate for the said County of Prince Williams in the State of Virginia do hereby certify that John Williams who hath given the presiding certificate is clerk of the county court for the said county of Prince Williams and that his said attestation is in due form Given under my hand this 28th day of September 1847
Charles Ming

Kentucky McCracken Court sct
I Preston Small clerk of the county court aforesaid do certify that this instrument of writing purporting to be a copy of the last will and testament of writing purporting to be a copy of the last will and testament of Charles Ewell deceased was produced to me and ordered to be recorded—In testimony whereof and that the same together with the certificate & foregoing certificates stand truly recorded in my office—I hereunto set my hand this 17th day of October 1848
P Small CMCC

State of Kentucky, McCracken County Sct
I Philip H Wallace clerk of the county court for the county aforesaid do certify that the foregoing last will and testament of Charles Ewell Jr dcd is a true copy of the same together with the certificate therewith annexed from the record thereof in my office Given under my hand this 20th day of January 1860
P H Wallace clk, A S Willis DC

At a count court began & held for Union County at the courthouse in Morganfield on the 5th day of March 1860—This Instrument of writing purporting to be a copy of the last will & Testament of Charles Ewell Jr was produced in court and was by the court ordered to be recorded which has been accordingly done together with the several certificates thereon endorsed & this certificate. Att Tho. S. Chapman clk

Sources

• 1846 Charles Ewell Jr Will. Kentucky, Union County, Probate Court, Wills, Vol. E, p. 453-455, 9 October 1823, digital image 237-238 of 291, FamilySearch.org ([1]: accessed 25 November 2023)