John Vaughan Will of 1855

 

John W. Vaughan Will. 

I John W. Vaughan of the County of Carroll and State of Virginia do hereby make my last will and testament in manner and form following.  That is to say first immediately after my decease out of the money which may be on hand or be owing to me,  I wish my just debts and funeral expenses to be paid.  If I should not buy a negro man previous to my death, I wish one to be bought out of the money which is owing to me, which negro man is to be under the special control of my wife as long as she remains my widow and then to be disposed of as I shall herein after direct.  Secondly I give to my brother Elisha B. Vaughan five Hundred Dollars out of the first five Thousand Dollars realized out of my Copper property either by sale or otherwise.  Also out of the first five Thousand Dollars realized from my Copper property by sale or otherwise,  I wish a negro man & negro woman to be bought for the use of my father and mother during their life but provided my father or mother should die & the other marry again then those two negros are to belong to my Estate and to my surviving parent who may have married again, shall have no further control over them or at the death of my father and Mother those two negros purchased with my money shall belong to my estate.  I also give unto my father and mother one third part of my entire Copper property during their natural life to be used by them as they want.  Elisha B. Vaughan may think best for their support but at their death or one of them should the other marry then what should be left of the one third given to them shall belong to my Estate and they have no further control over it.  Thirdly I give unto my beloved wife Margaret J. Vaughan all the remaining part of my Estate both personal and real not already disposed of, during her natural life or so long as she remains my widow to be used by her for the support of herself and the support and education of my children but not to be used or disposed of in any other way but at the death or marriage again of my wife I wish all my Estate  both personal & real to be Equally divided between my several Children and should it be thought advisable by my Executors to sell my Copper property, I wish them to dispose  of it as they may think best for  all concerned.  Fourthly, I desire that all the moneys arising to my Estate over and above what is necessary for the support and Education of my wife & children be laid out for good Farms or deposited in good State Banks as my Executors and Executrix may think best and Farms thus bought I wish managed in the best way for the benefit of my Children until said farms should go into their hands and I desire that if any of my Children should marry before the death of my wife if my Estate is able to bear it without interfering with the support of my wife and my other Children that they that thus marry be furnished with what is necessary to let them out comfortably to House. Keeping the property to be vacated and a receipt to be taken therefore and to be accounted for no final distribution of my Estate.  I desire that after my Death my wife and children remain with my Father and Mother but if it should be necessary for her to have another house I desire that that home should be provided in Carroll County Virginia and in case of the death of my wife I wish my Children to remain with Father and mother and my negro girl Amanda, and in case of the death of Father and mother or the death of one and the marriage of the other; I wish my Brother Elisha B. Vaughan to take charge of my children and Amanda until my Children are of age.

And Lastly I do Constitute and appoint my wife Margaret J. Vaughan, my Father John Vaughan and my Brother Elisha B. Vaughan Executrix and Executors of this my last will and Testament given under my hand and seal this 21st day of September 1855.

signed, sealed & published                      John W. Vaughan (seal)

and declared as and for

the last will and Testament

of the above named John W.

Vaughan in presence of us

N. W. Vaughan

Fielder C. Vaughan

 

                                     Codicil of John W. Vaughan

In case the servant or servants belonging to my Estate cannot be equally divided between my Children and that they do not get their proportions of the servants shall have it made up to them by the other Children so that none of the servants be sold.                                   John W. Vaughan (seal)

N. W. Vaughan

Fielder C. Vaughan

 

Virginia Carroll County Court   April Terms 1856

This last will & Testament of John W Vaughan Deceased was proven in court by the oaths of N W Vaughan and Felder C. Vaughan subscribing witnesses hereto and was ordered to be recorded; And on the motions of Margaret Vaughan, John Vaughan & Elisha B. Vaughan the executors herein named who made oath hereto and together with Fielden L. Hale, Esau Worrell & Isau Bechrier their securities entered into & acknowledged a bond in the penalty of $5000 conditioned as the law directs certificate was granted them for obtaining the probate of said will in due forms.

              Teste

                        Esau Worrell    Clerk 

 

 

 

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