Location: Virginia
Surname/tag: Hobbs
Ezekiel Hobbs 1762-1835
Will of Ezekiel Hobbs
I Ezekiel Hobbs of Washington County and state of Virginia, do hereby make
my last will and testament in manner and form following that is to say_I said
Hobbs being of sound mind and good memory
1st I give unto my wife Elizabeth her choice to take a childs part of mine
inheritance or 1/3 part her widowhood_ 2d. [d is raised] I also desire after
my death all my property to the value of six pence be sold and divided as
follows, to wit:_ I give unto my daughter Polly Gobble two dollars_ I give to my
son John Hobbs one hundred dollars in property such as belongs to the estate_
I give to my son Vincent Hobbs one hundred dollars payable in the same manner
I give to my son Joel hobbs five dollars payable in the same manner
I give to my son Nathan Hobbs two dollars payable in the same manner
I give to my daughter Nancy Rouse fifty dollars payable in the same manner
I give to my son William Hobbs one hundred dollars payable in the same manner
I give to my son Issac Hobbs fifty dollars payable in the same manner
I give to my daughter Ruth Hobbs two dollars payable in the same manner
I give to my daughter Rebecca Hobbs two dollars payable in the same way
I give to my two grandchildren heirs of my son Benjamin Hobbs, Ezekiel and
Polly, one dollar each in the same way_I give to my daughter Rachel
Grant twenty dollars payable in the same manner_ I give to my daughter
Betsey Rollins one dollar in the same way. I do also desire that if not property
enough to pay the several sums annexed to each ones name and gift the property so far
as it will go must be paid and if any is lacking_ I do also desire that the balance of my
land be rented by the family or otherwise to the best advantage. I also give
to my several remaining children viz, Wayne Hobbs, Green Hobbs, Washington
Hobbs, Jackson Hobbs, Harrison [Hobbs is crossed out] Shelby, Matilda [no comma]
Preston, Madison and Harriet Hobbs. all my lands and property if any remaining to be
equally divided among the last named children when the youngest becomes
of age._ And lastly I do hereby constitute and appoint my friends Col John
Preston and John M Preston executors of this my last will and Testament
hereby revoking all other former Wills or Testaments by me heretofore made.
[For?] Witness whereof I have hereunto set my hand and affixed my seal this 11th
day of November 1831
Signed sealed published & delivered Ezekiel (E his mark) Hobbs
as and for the last Will & Testament of
the above named Ezekiel Hobbs in
the presence of us
Francis Ellington
William M Gobble
Elijah Mongle[1]
Ezekiel Hobbs Probate
At a court held for Washington County the 27th day of July 1835.
A writing purporting to be the last will and testament of Ezekiel Hobbs
deceased and dated the 11th day of November 1831. was exhibited in court and
offered for proof and admission to record by Wayne Hobbs, Green Hobbs and
Harrison Hobbs three of the Legatees therein named which was opposed by
William Hobbs and Nathan Hobbs two other of the Legatees, and thereupon
Francis Ellington, William M. Gobble and Elijah Mongol the subscribing
witnesses to said will being sworn and examined: on consideration thereof
the court is of opinion that the witnesses aforesaid do not prove the execution
of the said will as required by law. It is therefore ordered that it be not
admitted to record. From which opinion of the Court the said Wayne
Green & Harrison Hobbs pray an appeal to the next circuit superior
court of law and chancery for Washington county, which is granted upon their
entering into bond with security in the sum of two hundred dollars, and
thereupon they entered into and acknowledged their bond in the sum of
two hundred dollars with Peter Hickman and Hiram Sproul their
securities conditioned as the law directs. And at a court held for
Washington county the 26th day of October 1835. A writing purporting
to be the last will and testament of Ezekiel Hobbs deceased and dated
the 11th day of November 1835 was again exhibited in court together with
the judgment of circuit superior court of law and chancery for Washington
county dated the 16th day of October 1835 reversing and annulling the order
of this court made on the 27th day of July 1835 refusing to admit said will to
record, and in appearing by the order of reversal of the said circuit
superior court of law and chancery, that the said will proceedings thereon
are remanded to this court with directions to admit the said will to
record and grant probate thereof. Therefore in pursuance of the judgment &
order aforesaid, it is hereby ordered that the said will be admitted to
record. And it appearing to the court that John Preston and John
M. Preston the executors named in the said will refuse to take upon
themselves the execution thereof. On the motion of Francis Ellington
who took the oath of an administrator with the will annexed prescribed
by law and entered into and acknowledged his bond in the sum of five
thousand dollars with John Preston his security conditioned as the law
directs: A certificate is therefore granted him for the administration
of the estate of the said Ezekiel Hobbs deceased with the Will annexed
in due form. And it is further ordered that Abram Mongol and
John Gobble who are heretofore appointed administrators of the estate
of the said Ezekiel Hobbs deceased, do deliver over the estate to said
Ellington and deliver up their letters of administration.
Teste
Jacob Lynch [Illelligible DL?]
The document is written with ink in cursive on lined paper. The page number is written as 72. in the top left corner.
Sources
- ↑ "Washington County, Virginia Will books, 1777-1908;" Family Search general index to wills, divisors and divisees, Vol. 7-9 1834-1845 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9TC-NSJX-4?i=54&cat=366153
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