The Will of Peyton Randolph

Location: Henrico, Virginia, United States
Surnames/tags: Slavery Black_Heritage Randolph

Peyton Randolph Sr was living at Wilton House on his 2,000-acre World's End plantation when he wrote his will on 29 February 1784. He died on 15 May 1784 and his will was probated on 7 June 1784 in Henrico County.^[1]

The Will of Peyton Randolph

In the name of God amen! I Peyton Randolph, of Wilton in the County of Henrico, do ordain the following to be [my] last will and testament.

Imprimus - I devise and bequeath unto my beloved wife Lucy Randolph my tracts of land and plantation in the County of Powhatan, known by the name of Fighting Creek, with all the stocks of negroes, horses, cattle hogs and sheep, and every other kind, and with all the utensils and appurtenances, which may belong thereto at the time of my death, for the life of my honored mother Anne Randolph, subject to the conditions and limitations hereinafter expressed; and if my wife shall actually remove thither to live in the lifetime of my mother, then I devise and bequeath to her, all the foregoing estate during her life subject to the conditions and limitations hereinafter expressed; and I do moreover direct, that in the event of such removal, she be entitled to the sum of five hundred pounds, to be paid to her by my executors for the purpose of purchasing furniture to be enjoyed by her in absolute property.

Item - If after the death of my mother, my wife shall choose to reside at my present Mansion House, called Wilton, she shall be at liberty to do so, and shall enjoy the same together with all the lands, thereunto belonging, which are all the lands I hold in the County of Henrico, together with all the stocks of negroes, horses, cattle, hogs and sheep and of every other kind, and with all the utensils and appurtenances, which may belong thereto at the time of my death, and which may not be herein otherwise disposed of, for and during her life, subject to the conditions and limitations hereinafter expressed, and she shall moreover, upon the event of such a choice receive one third of the wheat and tobacco annually made at Fighting Creek aforesaid, without regard to nett profits; during her life, subject to like limitations and conditions.

Item - It is to be understood, that the limitations and conditions herein before mentioned are the following: that is to say, that if my wife shall prefer Wilton for the place of her residence, she shall relinquish her right to Fighting Creek and the property herein devised to her with the same, except as to the third of the wheat and Tobacco; that whatsoever has been already given herein to her, shall be taken and operate in lieu and satisfaction of every claim in the right of dower or distribution of personal estate; and that in case my wife should marry again, all the estate of whatsoever kind herein before given her except the sum of Five hundred pounds aforesaid, shall be delivered up, and she shall be entitled to the sum of Three thousand pounds current money, to be paid in annual payments of five hundred pounds each, which sum of three thousand pounds I charge upon my whole estate, and direct also to be taken in lieu and satisfaction of her right of dower and distribution.

Item - I give and bequeath to my wife and her heirs forever the following negroes: namely Anthony and his wife Phebe, Delce, who came from Fighting Creek, Betty, Kendal, Lucy Gray and Sarah.

Item - I lend to my wife during her life the following slaves, namely Philis and Frank a boy.

Item - I do hereby impower my mother during her life, and my wife during her widowhood, to demand and have from my estate, such provisions and chariot horses as may be necessary for the respective uses in every year.

Item - I devise and bequeath unto my eldest son William Randolph, his heirs, executors, administrators and assigns forever, upon the death of my mother, and the marriage or death or removal of my wife to Wilton as aforesaid all my lands and plantations at Fighting Creek aforesaid, with all the stocks of negros, horses, cattle, hogs and sheep and of every other kind, and with all the utensils and appurtenances, thereunto belonging.

Item - I give and bequeath until my said son William Randolph after the death of my mother, and after the marriage or death of my wife, or if she should make her election to live at Fighting Creek, all the lands and plantations at Wilton, with all the stocks of negros, horses, cattle, hogs and sheep and of every other kind and with all the utensils and appurtenances thereunto belonging.

Item - I devise and bequeath to my son Richard Kidder Randolph all my tract of my land and plantation in the county of Prince Edward, known by the name of Buffalo, with all the stocks of negroes, horses, cattle, hogs and sheep and of every other kind, and with all the utensils and appurtenances thereunto belonging to him the said Richard Kidder Randolph, his heirs and assigns forever.

Item - I give and bequeath to my son Peyton Randolph and his heirs and assigns forever, all my tract of land and plantation in the county of Prince Edward, known by the name of Bush river with all the stocks of negroes, horses, cattle hogs and sheep and of every other kind, and with all the utensils and appurtenances thereunto belonging.

Item - I direct, that if my mother should be living, when my son William attains the age of twenty one years, and my wife should be a widow at that time, my said son William shall have and enjoy one half of the Tobacco and wheat made in the plantations herein before given to my son Richard Kidder and Peyton without regard for nett profits, and also to one half of the corn made therein, and sold, as being more than what is necessary for the said plantation respectively. But this provision of one half of the wheat, tobacco and corn as aforesaid shell cease, as soon as my mother shall die, or my wife marry again or my wife shall die.

Item - I give and bequeath unto my daughter Betty Randolph any four negro girls, under the age of fifteen, which she may choose out of my whole estate, when she shall attain the age of fifteen years.

Item - I give to my said daughter Betty an annuity of one hundred pounds current money, per annum, to commence on her attainment of the age of fifteen years, and to cease, whensoever she shall marry or die, whichever shall first happen, and not before.

Item - I give to my said daughter Betty when she shall marry, the sum of one thousand pounds sterling money of Great Britain's; hereby declaring, that let public events be what they will, she shall not suffer in this sum or her annuity by depreciation, and that I charge my whole estate with both.

Item - I direct, that if I should leave my wife with child at the time of my death and it should prove a male, I give to him and his heirs forever one thousand acres of land at Buffalo aforesaid, and one thousand acres of Fighting Creek aforesaid, to be laid off as equally as possible by my executors, and a fourth part of the negroes, hereby given to each of my other sons. But if it should prove a female, I give to that female an annuity of fifty pounds current money per annum to commence and cease as in the case of my daughter Betty, and one thousand pounds current money when she shall marry, and hereafter I direct that depreciation shall not affect my posthumous daughter, and I also charge my whole estate with the payment of the two sums herein given to her.

Item - I direct that if either of my younger sons or a Posthumous son should die before the attainment of the age of twenty one years, his part of the estate hereby given him shall be divided, so as to give my son William and his heirs forever two thirds, and the other third shall be equally divided between my other children living at the time of such death; and if my son William should die before the age of twenty one years, that the next eldest son then living, and his heirs, shall take two thirds of his estate and the other children then living, the remaining third.

Item - I charge my whole estate with the education and maintenance of my sons, until they respectively attain the age of twenty one years, and of my daughter or daughters until she or they respectively attain the age of fifteen years.

Item - I direct that if any balance remain after paying my debts and legacies out of the debts, which may be due to me at the time of my death, the same to be paid to my daughter, or daughters in equal proportions.

Item - I charge my whole estate with the payment of my father's, mother's, brother's and my own debts, care being taken to apply the debts due to me to that purpose in the first instance and if those should be insufficient, my executors may sell one third of the negroes devised to each of my sons (those devised to my wife being excepted as long as she holds them) and if that third of the slaves should not be sufficient then my executors may sell any part of my land, which they shall think proper.

Item - I give and bequeath to Carter Page, the negro boy Tom Parrot and his wife Aggy, which he now holds to him and his heirs forever, and I direct that the bond, which he has given me, and which I have in my possession, shall not be demanded from him, until the expiration of ten years after my death.

Item - I do hereby emancipate and give liberty and freedom to my negro man Warwick and I charge the estate hereby given to my son William with three barrels of corn, three hundred pounds weight of nett pork, and five pounds, to be paid and delivered to him annually.

Item - All the rest and residue of my estate of whatever nature or kind soever, I give to my son William and his heirs, executors, administrators and assigns forever.

Lastly - I appoint Benjamin Harrison of Brandon, Benjamin Harrison the Younger of Berkley, and Edmund Randolph, executors of this my last will and testament, and I also appoint the said Edmund Randolph Guardian of my sons and daughter. In testimony whereof I have hereunto put my hand and seal this twenty ninth day of February in the year 1784.

Peyton Randolph

Signed sealed and published by the Testator

as and for his last will and Testament in

our presences who at his request and his

presence, and in the presence of

each other have hereunto put our hands

Archibald Cary

James Currie

Wm H Sargeant

Lewis Burwell Jr

Anthony Singleton

David Coupland

The Deposition of Lucy Randolph and Nancy Harrison purporting the noncupative [oral] will of Peyton Randolph deceased.

Peyton Randolph in his last illness who died the 15 day of May 1784, said he desired his Roan horse might be given to his friend Richard Randolph Jun'r of Curles, saying he was then in his perfect senses and wished the bystanders to take notice of it. These words were spoken in the presence of

Lucy Randolph

Nancy Harrison

May 17th 1784

At a Court held for Henrico County at the Courthouse the 7th day of June 1784,

This will was proved by the oaths of James Currie and Anthony Singleton, witnesses thereto, and the depositions of Lucy Randolph & Nancy Harrison purporting the noncupative will of the Testator Peyton Randolph dec'd were established by the Court & with the said will are ordered to be recorded. And on the motion of Benjamin Harrison Jr (of Berkeley) & Edmund Randolph Esq'r, two of the executors therein named who made oath thereto & together with Burwell Bassett security for the said Benjamin & Beverly Randolph security for the said Edmund entered into and acknowledged their bonds each in the penalty of fifty thousand pounds, conditioned as the law directs. Certificate was granted them for obtaining a probat [sic] of the said will in due form, Liberty being served to the other executor named in the said will to join in the probat [sic] when he shall think fit.

Teste, Adam Craig CC

Sources

1. ↑ Will of Peyton Randolph - Virginia, U.S., Wills and Probate Records, 1652-1900. Henrico > Mixed Records, Vol 1, 1781-1787, 1832, 1843. Page 131. Image 91 of 210. Ancestry Sharing Link Written 29 Feb 1784. Died 15 May 1784. Probated 7 Jun 1784.