In the name of God amen. I Moses Hutchings of the County
of Pittsylvania, State of Virginia being fair advanced in life and that
I have not long to remain here and wishing to arrange (?
? ?) and dispose of the property which providence (
? ? ) and being in perfect mind and memory do make and (
? ) this my last will and testament in manner and form
following.
Item 1st. - It is my will and desire that all my
just debts and expenses be paid by my executors herein after named.
Item 2nd. - I have given unto William Hutchings,
my first son, s certain tract or parcel of land, one negro named Stephen,
with various other property which he has long since had in his possession
and at my death it is my will and desire he shall have as his share of
the property of which I may die in possession of which I give to him and
his heirs forever.
Item 3rd. - I have given unto John Hutchings,
my second son in his lifetime one certain tract or parcel of land, one
negro man, George, together with various other property which he had in
his possession long previous to his death, which I hereby confirm to his
heirs for and which it is my will and desire that the children of my said
son John Hutchings, Dec'd receive no further part of my estate with the
exception ( ? ) Mary Ann and John Hutchings the three
children of my said son John Hutchings, Dec'd to whom I give one equal
share of my estate which may ( ?
? ) with the following provision, that in the event my son
Stokley Hutchings who was and is still the guardian of the children of
my said son John Hutchings, Deceased, and against whom has been a (
? ) instituted by the heirs of said John Hutchings,
Deceased, to recover certain sums of money and advanced by the said Stokley
Hutchings, guardian as aforesaid to Thomas W. Hutchings one of the children
of said John Hutchings, Deceased, in the lifetime of the said Thomas be
compelled to pay said money or any part thereof is my will and desire that
the same shall be reimbursed to the said Stokley Hutchings out of that
part of my estate given to my three Grand Children, but should the said
Stokley Hutchings never suffer on account of the said (
? ? ) which is now ( ?
) on any
( ? ) hereafter ( ? ? ) of the same account
than in that case it is my will and desire that my three Grand Children,
to wit, William, Mary Ann and John Hutchings receive one equal part of
the property of which I may die in possession of to be equally divided
between them of which I give to them and their heirs forever.
Item 4th. - I have given to my daughter Nancy Carter,
wife of Thomas Carter, in her lifetime one negro girl named Amey together
with various other property which she had in her possession long before
her death. It is my will and desire that at my death the children of the
said Nancy Carter or their legal representative shall have an equal share
of the property of which I may die in possession of be equally divided
between them which I give to them and their heirs forever.
Item 5th. I have given to my Daughter Polly Walton,
wife of Jesse Walton, one certain tract or parcel of land containing twenty
acres be the same more or less, one negro girl Juno together with various
other property which she has been long in possession of and at my death
it is my will and desire that she have an equal share of the property which
I may be in possession of, all of which I give to her and the heirs of
her body to be equally divided among them and their heirs forever.
Item 6th. - I have given unto my son Samuel Hutchings
seven hundred dollars in lieu of his proportional part of my land and also
one negro man named Peter and various other property of which he has long
had in his possession. And it is my will and desire that he have an equal
share of the property that I may die in possession of, which I give to
him and his heirs forever.
Item 7th.- I have given to my Daughter Peggy Tompkins,
wife of Samuel Tompkins in her lifetime one negro girl Esther together
with various other property which she had in her possession long prior
to her death. It is my will and desire that at my death the children of
the said Peggy Tompkins. to-wit. Moses, Elizabeth and Margaret shall have
an equal share of the property I may die in possession of to be equally
divided between them and their heirs forever.
Item 8th.- I give and bequeath unto my son Robert
Hutchings all that part of my tract of land whereon I now live lying on
the South side of the road leading from Stokes to (Bettay ?) Courthouse
estimated to contain two hundred and fifty acres, the same more ot less
with a small quantity on the North side of the said road, whereon the said
Robert Hutchings now lives commencing at the John Hutching's ( ? ) old
( ? ) house running straight courses to a white oak sapling
near old Tobacco ( ? ) at the Northeast end of the said Hutchings house,
also one negro man named Frank and at my death it is my will and desire
that the said Robert Hutchings shall have an equal share in the property
of which I may die in possession of which I give to him and his heirs forever.
Item 9th. - I give and bequeath unto my Son Stokley
Hutchings at my death the residue of the tract of land whereon I now live,
with the exception of the thirty acres which will be hereinafter (
? ) including my mansion house and the appurtenances thereto
attached and also one negro man named Jerry and at my death I also give
and bequeath unto the said Stokley Hutchings an equal share of the property
of which I may die in possession of, to him and his heirs forever.
10th. - It is my will and desire that at my death
and before there is any division of the property of which I may die in
possession of there shall be raised by my executors out of the said property
the sum of six hundred dollars and paid to my surviving Daughter, Polly
Walton and to the children of my deceased Daughters Nancy Carter and Peggy
Tompkins as follows, to-wit, to said Polly Walton the sum of two hundred
dollars and to the children of the said Nancy Carter the sum of two hundred
dollars and to the three children of the said Peggy Tompkins the sum of
two hundred dollars which said sum of two hundred dollars I give and bequeath
to my said daughter Polly Walton and the heirs of her body to be equally
divided between them and the sum of two hundred dollars I give and bequeath
to the children of my two deceased Daughters, to-wit, Nancy Carter and
Peggy Tompkins respectively to be equally divided between them and to their
heirs forever and the remaining part of said property it is my will and
desire shall be equally decided between all of my children herein before
named with the exception of the children of my son John Hutchings, deceased,
and that portion to go as in this item in this will as directed which I
give to them and their heirs forever, with the exception of Polly Walton
which I give to the heirs of her body and their heirs forever and to the
three children of the said Peggy Tompkins, deceased, and their heirs forever.
Item 11th, - I give and bequeath to all my children
before named and the children of my son John Hutchings, Deceased, as herein
before mentioned thirty five acres of land being part of the tract of land
on which I now live on which the ( ? ? ) are situated
twenty five acres of which having previously laid off and assigned to the
company who are engaged in searching for gold and to be held forth the
term of fifteen years from the date of the operation of said company. The
other thirteen acres to make the thirty five acres to be laid off on the
Southeast side of the said Twenty two acres of which I give to my children
as before named to them and their heirs forever to be held by them under
the same restrictions and upon the same principles as other bequeaths relating
to each legatee contained in this will as directed.
Item 12th. - Lastly I constitute and appoint my three sons, William,
Samuel and Robert Hutchings executors of this my last will and testament
hereby revoking all other form or wills by me before me made and declaring
this and this only to being my last will and testament. In testimony whereof
I have here into set my hand and official seal this 13 day of January in
the year of out lord one thousand eight hundred and thirty five.
The above will was signed,
M. Hutchings (seal)
sealed, published and declared
by the testator to be his last will
and testament in our presence
and by him and regarded to
witness the same
R. Hopkins
Jesse Carter
Coleman Inholf