James Twyman Will Transcription, Madison County, Virginia

Date: [unknown] [unknown]
Location: Madison County, Virginia, United States

This is a transcription of the will of James Twyman (1781-1849) of Madison County, Virginia and the three codicils to his will. The transcription below is taken from a typed copy of the will that is included in the file for the chancery court case.^[1] The will is also recorded in the Madison County will record books.^[2]

See also: Slaves of James Twyman, Virginia

Contents 1 Transcription 1.1 Will 1.2 Codicil 1 1.3 Codicil 2 1.4 Codicil 3 2 Sources

Transcription

Will

In the name of God, Amen, I James Twyman of the County of Madison, and State of Virginia,...

First. I hereby emancipate and set free al my slaves, (except the invalid slaves Noah, Winney and Joe, for whose support provision will be made hereinafter) to wit: Jenny, Amanda daughter of said Jenny, and Frances Ann, daughter of said Amanda, Simon and Violet his wife and their two sons Abraham and Ambrose, Walker and Charlotte his wife, Barbara, Horace and Susan, Short John and Maria his wife, Nancy, Julia, Jane, Beck, Henry, Elizabeth, Mary Ann, Ellen, Lucy Ann, Persiller, Eleanor, Charles, James, William, Lewis, Bob, Washington, Lawrence, Albert and Yellow John, and all others not herein named, if any, together with all their future increase, whether born before or after my death, as it is my will and desire that all the slaves of whom I may die possessed, shall be free, except the invalid slaves hereinbefore named Noah, Winney and Joe, and for them to be free if they desire it; and it is my anxious desire that the County Court of this County shall permit the said negro women Jenny, her daughter Amanda and grand daughter Frances Ann to remain in the County of Madison during their good behavior.

Secondly. I give and devise to my nephews Isaac S. and James W. Twyman and my friend Lewis B. Williams the survivors and survivor of them and his heirs that part of the tract of land which I now reside, lying and being in the County of Madison supposed to contain two hundred acres and bounded as follows, beginning on Fry's road at the mouth of Dogin's road corner with Travis J. Twyman, formerly a corner to Alexander Waugh, as will be seen by reference to the deed from Waugh to me and running thence with said Dogin's road, to my gate on said road, opposite the land of Edward Lightfoot, thence running a straight line, through my farm five hundred and fifty-three yards more or less to a locust standing in my meadow, twenty-five yards North East from the chimney of Simon and Violet's house, marked as a corner for the purpose, thence from said locust to a gum tree standing on the South side of the road, leading from my stable to my great run farm, two hundred and fifty-eight yards, be the same more or less, continuing the same course across my meadow, below my blacksmith shop, five hundred and twenty yards more or less, to a branch leading from the spring, used by my Overseer, thence crossing said branch and continuing the same course one hundred and twenty yards more or less, to two white oak saplings, standing on a hill, marked as a corner for the purpose, thence running a straight line nine hundred and thirty yards more or less to a cherry tree, standing on the East side of Fry's road a few steps from my gate, on said road, known as the school house gate, thence with said road to the beginning, to hold the said land in trust for the use and benefit of the said negro women Jenny, Amanda and Frances Ann, or such of them as may be living at the time of my death, during their joint lives, and the life of the survivors and survivor of them, after the death of the survivor of them, to be divided equally between the children of the said Jenny, Amanda and Frances Ann, and the descendants of such children as may be dead in fee simple, said descendants taking the share, which their deceased parent would have taken if living; but if the said Jenny, Amanda and Frances Ann should all die without leaving child or children or descendants of such child or children, at the time of the death of the longest liver of them, then it is my will and desire, that the said Isaac S. Twyman, James W. Twyman and Lewis B. Williams, or either of them, the survivors or survivor of them, his heirs, ex'ors, or adm's, shall sell the said tract of land, and pay one-half of the nett proceeds arising from said sale to the President and Directors of the Literary Fund for the use of the County of Madison, the interest of which is to be annually applied by the said President and Directors to the education of the poor children of the County of Madison, as the School Quotas of said County from said fund are now applied, or as the Legislature from time to time, shall direct, and the other half thereof to the parties entitled under this my last will and testament to the residuum of my estate, they taking the same in the same manner and in the same proportions, as the residuum of my estate is hereinafter directed to be divided amongst them. If the said Jenny, Amanda and Frances Ann, the survivors or survivor of them or either of them are refused permission to remain in the County of Madison, during their good behaviour, and are thereby forced to leave the Commonwealth of Virginia, or they all, or the survivors or survivor of them shall desire to remove, and shall voluntarily remove therefrom, into any of the free States of this Union, then the said Isaac S. Twyman, James W. Twyman and Lewis B. Williams, the survivors or survivor of them, his heirs, ex'ors, or ad'rs, shall sell the said tract of land, and invest the proceeds of such sale in a suitable and comfortable home for said Jenny Amanda and Frances Ann, the survivors and survivor of them in such State as they may desire, to be held in the same manner and under the same limitations, and to pass and go, as the said tract of land hereby devised is to pass and go, if the same should not be sold, but the said land hereby devised is devised with the limitation and restriction, that my invalid slaves Noah, Winney and Joe are to be permitted to use and occupy the houses in which they now live during their lives, or as long as they may remain in this State, and to have a sufficient quantity of fire wood reserved for their use on my other lands convenient to them, a reservation of the houses to be made in the event of the sale of the said two hundred acres of land.

Thirdly. I give and bequeath to the said Isaac S. Twyman, James W. Twyman and Lewis B. Williams, the survivors and survivor of them, his heirs, ex'ors, and adm'rs, the sum of eighteen thousand dollars, to be invested by them or either of them, the survivors or survivor of them, his ex'ors, or adm'rs, in State or other permanent stocks, the whole interest of which after deducting all proper costs and charges is annually to be applied to the support, maintenance and comfort of the said Jenny, Amanda and Frances Ann, or such of them as may be living at my death, the survivors and survivor of them, during their lives, and after the death of the longest liver of them to be divided between the children of the said Jenny, Amanda and Frances Ann, and the descendants of such as may be dead, such descendants taking the share, which their parent would have been entitled to, if living, the said stock to be transferred to them at the time of such division and to be held by them in fee simple - but if the said Jenny, Amanda and Frances Ann shall all depart this life, without leaving child or children, at the time of the death of the longest liver of them, or during my lifetime, then and in that event, I give the said money or stock, if the money is so invested as follows viz: eight thousand dollars thereof to the President and Directors of the Literary Fund to be held by them, the interest to be applied to the education of the porr children of the County of Madison, as the School Quotas of said County from said fund are now applied, or as the Legislature may from time to time direct, and the remaining ten thousand dollars to the parties who shall be entitled, under this my last will and testament, to the residuum of my estate, they taking the same in the same manner and in the same proportions, as the residuum of me estate is hereinafter directed to be divided amongst them.

Fourthly. I give and bequeath to the said Jenny, Amanda and Frances Ann or such of them as may be living at my death for their joint benefit, to the survivors and survivor of them and the heirs of such survivor, all my silver plate, my clock and watch, my household furniture of every description, two good horses, four good milch cows, all my fowls of every kind, and plentiful supply or provisions of every description to support them for one year after my death, and all the hay, straw and long food, which may be and remain on the land devised to them in trust, for their use and benefit, the year of my death.

Fifthly. I give and bequeath to the said Amanda eight hundred dollars to her and her heirs forever, and I give and bequeath to the said Frances Ann and her heirs the like sum of eight hundred dollars.

Sixthly. I hereby give and bequeath to my nephew Robert D. Twyman and his heirs the sum of one thousand dollars.

Seventhly. It is my will and desire that my ex'ors, hereinafter named shall place out upon good and satisfactory security the sum of three thousand dollars, to be held by them, and with the interest thereof take care of, support and maintain in a suitable manner my invalid negroes Joe, Noah and Winney and it is my will and desire that if either of said negroes Joe, Noah or Winney should desire their freedom and to leave the State, that he or they hould be set free, and I hereby emancipate and set free all or either of them who may desire it, and out of the said sum of three thousand dollars, I hereby direct my said ex'ors, to apply at least five hundred dollars for the removal and location of each of them in one of the free States of this Union, and should they all desire their freedom and to leave the State with my other slaves herein before set free, then it is my will and desire that fifteen hundred dollars be added to the sum hereinafter provided for the removal of my slaves other than Jenny, Amanda and Frances Ann and their location in one of the free States of this Union from the said three thousand dollars, and the said slaves Joe, Winney and Noah to share equally in the provision made for them.

8thly. I give and bequeath to the said Isaac S. Twyman, James W. Twyman and Lewis B. WIlliams, and their heirs the sum of one thousand dollars each, in consideration of my confidence that they will faithfully execute the trusts hereinbefore confided to them, in preserving the money and land devised to them for the benefit of my negro women Jenny, Amanda and Frances Ann the survivors of them and their children if they should have any, in protecting the rights of said women, investing said money in stocks, land or other property, changing the said investments when necessary, receiving the interest on said stocks, appropriating the same and watching over their interests, whilst they remain in this Commonwealth, which said sums of money and all other money legacies are to be due and payable within twelve months after my death and to bear interest from the expiration of said twelve months.

9thly. I hereby give and bequeath to my ex'ors, hereinafter named the sum of ten thousand dollars to be applied by them to the removal of my slaves hereby emancipated (except Jenny, Amanda and Frances Ann for whom provision has already been made herein) to one of the free States of this Union, and their location therein, or elsewhere if they should desire it, and to the purchase of a home or homes for them, together with provisions and clothing for one year for them, and all necessary tools to work the land on which they may be located.

10thly. It is my will and desire that my said ex'ors, lay out the sum of two hundred dollars in the purchase of a home for Betsy Loyd and her single daughters, during the life of said Betsy Loyd, and after her death for the benefit of said daughters, as long as they may remain single, and after the marriage or death of all, then I give the same to the said daughters and the descendants of such as may be dead, the said descendants taking the shares of their parents, and in the event of the death of all, then to their heirs in the same manner.

11thly. It is my will and desire that all my lands not hereinbefore disposed of be sold by my ex'ors, hereinafter named upon such terms and conditions as they may think conducive to the interest of my estate, and that the proceeds thereof in their hands be subject tt the payment of all my just debts legacies &c. And it is my will and desire that my slaves Jenny, Amanda and Frances Ann be free from the time of my death and that they should have the use of the land devised in trust for their benefit; the horses, cows, household furniture, clock, watch, silver plate, hay, straw, and other long food devised to them from that time.

12thly. I give and bequeath to the President and Directors of the Literary Fund the sum of two thousand dollars to be applied to the education of the poor children of the County of Madison as the School Quotas of said County from said fund are applied, that is to say, that the principal sum shall be invested for that purpose, and the annual interest thereof so applied by the said President and Directors, unless the Legislature shall think it conducive to the interest of the said poor children, to use a part of the principal thereof, in which event a portion thereof may be so applied.

13thly. I hereby charge all the aforesaid devises of money upon my whole estate real and personal and mixed, all to have priority over the bequest to the President and Directors of the Literary Fund, as made in the clause immediately preceding this, in their payment, and no abatement to be made thereof, the land devised in trust for Jenny, Amanda and Frances Ann, and the personal estate bequeathed to them being exempted from all liability to pay legacies; and after the payment of all legacies, I give and devise all the rest and residue of my estate (the personal estate to be sold by my ex'ors,) except what is herein before disposed of, after the payment thereout, to the children of my brother Anthony Twyman, my sister Nancy Willis, the children of my brother Reuben Twyman dec'd, the children of my deceased sister Frances hill dec'd and the children of my deceased brother William Twyman. My brother Anthony's children to have one-fifth part; my sister Nancy Willis to have one-fifth part; the children of my late brother Reuben Twyman to have one-fifth part; the children of my deceased sister Frances Hill to have one-fifth part; and the children of my deceased brother William Twyman to have the remaining fifth part. I have not included my brother Travis J. Twyman as one of the beneficiaries in this clause of my last will and testament, simply because he has no children and is very independent, and not from any want of affection and regard for him, holding him now, as I have ever regarded him, as a brother, entitled to the same affection and consideration as my other brothers, and entitled to a like provision, if he had children or needed my assistance.

Lastly. I hereby constitute and I appoint my brother Anthony Twyman, and my nephew William H. Twyman son of said Anthony executors of this my last will and testament written on two sheets of paper, both signed with my name, hereby revoking all other wills heretofore made by me. In testimony whereof I have hereunto placed my hand and seal this 1st day of August 1848.

JAMES TWYMAN, [Seal.]

Signed sealed, published and declared as and for his last will and testament by James Twyman in our presence, who were called upon by him to attest to the same and attested it in his presence.
Tho. T. Slaughter.
David Hume.
Reuben Garnett.

Codicil 1

In the name of God, Amen; I James Twyman of the County of Madison and State of Virginia, do hereby make, publish, and declare this as a Codicil to my last will and testament, bearing date the 1st day of August 1848, and heretofore published before and attested by Thomas T. Slaughter, David Hume and Reuben Garnett, hereby confirming said last will and testament, except so far as the same is altered or explained by this Codicil, that is to say,

First. I hereby revoke the legacy of two thousand dollars to the President and Directors of the Literary Fund, as set forth in the 12th clause of my said last will and testament, the annual interest of which was to be applied to the education of the poor children of the County of Madison, as the School Quotas from said fund are applied &c., and it is my will and desire that the sum of two thousand dollars be added to the residuum of my estate and be distributed as the residuum is directed to be in my said last will and testament and amongst the same persons and in the same proportions.

Secondly. I hereby revoke so much of the second and third clauses of my said last will and testament, as gives one-half of the proceeds of the sale of the land devised in the said clause to Isaac S. Twyman, James W. Twyman and Lewis B. Williams the survivors and survivor of them and his heirs in trust for the women Jenny, Amanda and Frances Ann the survivors and survivor of them &c. or the land which may be purchase with the said proceeds of sale, in the even of the said Jenny, Amanda and Frances Ann dying without leaving child or descendant at the time of the death of the longest liver of them and the sum of eight thousand dollars, out of the sum of eighteen thousand dollars devised to the said Isaac S. Twyman, James W. Twyman and Lewis B. Williams the survivors and survivor of them, his heirs ex'ors and adm'rs, in trust to invest the same in State or other permanent stocks, the whole interest to be applied annually to the support, comfort and maintenance of the said Jenny, Amanda and Frances Ann, the survivors and survivor of them, upon the event of their dying without child or descendant living at the death of the longest liver of them, to the President and Directors of the Literary Fund, the interest to be applied to the education of the poor children of the County of Madison, as the School Quotas from said fund for said County are applied; and it is my will and desire that in the event of the contingency happening upon which the said President and Directors of the Literary Fund were take one-half of the proceeds of the sale of said land and the said sum of eight thousand dollars, the said one-half of the said proceeds of sale of said land, and the said eight thousand dollars shall be added to and become a part of the residuum of my estate spoken of in my said last will and testament, and be divided between the same parties, and in the same proportions, as the residuum of my estate is directed to be distributed amongst them.
In testimony whereof, I have hereunto placed by hand and seal this 13th day of September 1848.

JAMES TWYMAN, [Seal.]

Signed, sealed, published and declared as and for a Codicil to his last will and testament by James Twyman in our presence, who were called upon by him to attest the same and attested the same in his presence.
Tho. T. Slaughter.
Jno. H. Lee.

Codicil 2

In the name of God, Amen: I James Twyman of the County of Madison and State of Virginia, do hereby make, publish and declare this as a second Codicil to my last will and testament, bearing date the 1st day of August 1848, and heretofore published before and attested by Thoms T. Slaughter, David Hume and Reuben Garnett hereby confirming said last will and testament, except so far as the same is altered or explained by this Codicil, and a Codicil, made published and declared on the 13th day of September 1848 before Thomas T. Slaughter and John H. Lee.

First. I hereby revoke so much of the second and third clauses of my last will and testament before referred to as conveys real estate and money to Lewis B. Williams as trustee, with my nephews Isaac S. Twyman and James W. Twyman for the benefit of Amanda, Jenny, and Frances Ann by said clauses of my said last will and testament hereby annulling his powers as such, and I hereby revoke the legacy given in the eighth clause of my said last will and testament of one thousand dollars to the said Isaac S. Twyman, James W. Twyman and Lewis B. Williams each, and I hereby revoke the legacy of one thousand dollars given to my nephew Robert D. Twyman in the sixth clause of my said last will and testament, and I hereby devise the said real estate and money named in the said second and third clauses of my said last will and testament, that is the two hundred acres of land on which my buildings are as described in the said second clause of my said last will and testament, that is the two hundred acres of land on which my buildings are as described in the said second clause of my said last will and testament and the eighteen thousand dollars devised in the said third clause of my said last will and testament, to my nephews Robert D. Twyman, Isaac S. Twyman and James W. Twyman the survivors and survivor of them, his heirs, ex'ors, and adm'rs, to be held by them the survivors and survivor of them his heirs, ex'ors, and adm'rs, upon the same trusts and limitations, and for the same uses and purposes, to be applied in the same manner, and to descend in the same way in which the said land and money are directed to pass and go by my said last will and testament, as directed in the said 2d and 3d clauses of my said last will and testament as altered and modified by the codicil thereto of the 13th of September 1848.

2ndly. I give and bequeath to the said Robert D. Twyman, Isaac S. Twyman and James W. Twyman, and their heirs the sum of two thousand dollars each, in consideration of my confidence that they will faithfully execute the trusts herein before confided to them in preserving the land and money devised to them in my said last will and testament as altered by this codicil thereto for the benefit of Jenny, Amanda and Frances Ann, the survivors and survivor of them and their children, if they should have any, in protecting the rights of said women, investing said money in stocks, land and other property, changing the said investments when necessary, receiving the interest on said stocks, appropriating the same and watching over their interests whilst they remain in this Commonwealth, which said sums of money and all other legacies are to be due and payable within twelve months after my death and to bear interest from the expiration of twelve months after that event.

Thirdly. I hereby give and bequeath to Lewis B. Williams the sum of five hundred dollars, in compensation of his services to me as counsel in preparing by wills and codicils thereto, in writing deeds and that he shall act as general counsel for my estate after my death, giving advice to my ex'ors, in all matters and things pertaining to my estate, and presenting my last will and testament for probate.

In testimony whereof I have hereunto placed by hand and seal this 15th day of September in the year of our Lord one thousand eight hundred and forty-eight.

JAMES TWYMAN, [Seal.]

Signed, sealed published and declared as and for his codicil to his last will and testament by James Twyman in our presence, who were called upon by him ot attest the same and attested the same in his presence.
Tho. T. Slaughter.
Jno. H. Lee.
Reuben Garnett.

Codicil 3

In the name of God, Amen; I James Twyman of the County of Madison and State of Virginia, do hereby make, publish and declare this as a codicil the third to my last will and testament bearing date the 1st of August 1848, and heretofore published before and attested by Thomas T. Saughter, David Hume and Reuben Garnett, to which I have published and declared two codicils heretofore, one on the 13th day of September 1848 before Thomas T. Slaughter and John H. Lee, the other on the 15th day of September 1848, before the said Thomas T. Slaughter, John H. Lee and Reuben Garnett, hereby confirming and ratifying said last will and testament, except so far as the said last will and testament is altered and explained by the said first codicil, and this codicil, and ratifying the said first codicil and revoking the said second codicil, except so far as the said first codicil is altered or explained hereby.

First. Whereas since the execution and publication of my said last will and testament, and the first codicil thereto, on the day of the execution and publication of the said second codicil to by said last will and testament, I by deed emancipated and set free the three negro women therein named, to wit, Jenny, Amanda and Frances Ann, for whose support and comfort I had made a liberal provision by my said last [will] and testament, and also conveyed by deed to Robert D. Twyman, Isaac S. Twyman and James W. Twyman, the survivors and survivor of them and the heirs of such survivor the land devised by the 2nd clause of my said last will and testament to Isaac S. and James W. Twyman and Lewis B. Williams the survivors and survivor of them and his heirs, for the benefit and comfort of said Jenny, Amanda and Frances Ann, the survivors and survivor of them, and for other purposes as set forth therein, and altered and modified by the said first codicil to my said last will and testament, and whereas doubts may arise, whether the execution of said deed of emancipation and deed to Robert D. Isaac S. and James W. Twyman is or is not a revocation of the clause of emancipation in whole or in part, as well as of the clauses thereof devising or giving land money and other property to the said Jenny, Amanda and Frances Ann, or to trustees for their benefit, and for other purposes, or a satisfaction thereof in whole or in part, now to obviate all difficulty in relation thereto, and to explain my meaning and declare my intention by the said last will and testament and first codicil thereto, the said deed of emancipation and deed conveying said land to Robert T. Twyman, Isaac S. Twyman and James W. Twyman the survivors and survivor of them and his heirs, I hereby declare, that it is my will and desire that the said Jenny, Amanda and Frances Ann, the survivors and survivor of them and their children and descendants, whether free under the operation of said deed or my said last will and testament, shall have the full benefit of all the provisions of my said last will and testament, as fully and as effectually, as if the same provisions were again made in and by this codicil for them as free persons heretofore emancipated, to be held by the same trustees the survivors and survivor of them his heirs, ex'ors, and adm'ors, who are designated in the second and third clauses of my said last will and testament, to wit; Isaac S. Twyman, James W. Twyman and Lewis B. Williams, upon the same trusts and limitations, and the same conditions as are set forth in my said last will and testament and first codicil thereto, to be held, invested and applied and to pass and go in the same manner, as far as I have the power to control the same.

2dly. It is my will and desire that the said Isaac S. Twyman, James W. Twyman and Lewis B. Williams the survivors and survivor of them his heirs ex'ors and adm'rs be the trustees to receive the sum of eighteen thousand dollars devised by the third clause of my said last and testament to them for the purposes therein named and to prevent any misconstruction of my will and desire I hereby again devise the said sum of eighteen thousand dollars to them, the survivors and survivor of them his heirs ex'ors and adm'rs for the benefit of the said Jenny, Amanda and Frances Ann, the survivors and survivor of them and their children and descendants of such as may be dead at the death of the survivor of said Jenny, Amanda and Frances Ann, to be invested by said trustees as therein directed, and to pass and go to the parties therein directed as modified by the said first Codicil to my said last will and testament, upon the contingencies therein set forth, and that the said Isaac S. Twyman, James W. Twyman and Lewis B. Williams and their heirs is to have the money devised to them in the eighth clause of my said last will and testament at the time directed to be paid to them for the purposes therein set forth.

In testimony whereof I have hereunto placed my hand and seal this ninth day of November 1848.

JAMES TWYMAN, [Seal.]

Signed, sealed, published and declared as and for a codicil to his last will and testament by James Twyman in our presence who were called upon by him to attest the same, and attested it in his presence and at his request.
Jno. H. Lee.
Tho. T. Slaughter.

Sources

1. ↑ Virginia, Madison County, Chancery Court Records, 1852-019, Alfred I Twyman etc. vs. Exrs. of James Twyman etc., typed copy of James Twyman will; image copy, Library of Virginia, images 127-132, (https://www.lva.virginia.gov/chancery/full_case_detail.asp?CFN=113-1852-019#img : accessed 22 Jul 2023).
2. ↑ Virginia, Madison County, Will Books, Volume 9, pages 13-26, James Twyman will with 3 codicils, will signed 1 Aug 1848, probated 22 Mar 1849; image copy, FamilySearch, film #7645474, images 234-241 of 500 (https://www.familysearch.org/ark:/61903/3:1:3QS7-99P6-5C97?i=233 : accessed 13 Apr 2023).