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- WILL OF CAPT. ELLYSON ARMISTEAD.
In the name of God, Amen. I, Ellyson Armistead, of the parish of Yorkhampton in the County of York, gentleman, being in good health and sound and disposing mind and memory, thanks be to Almighty God for the same, do make this my last will and Testament in manner & form following: Imprimis, I recommend my soul into the hands, of Almighty God, my maker hoping through the merits of my blessed Saviour, Jesus Christ, to receive full Pardon and forgiveness of all my sins, and my body I commit to the Earth, to be decently buried at the discretion of my executors hereafter named, and as to my worldly estate after my just debts are paid, I dispose of the same as followeth:
Imprimis, I give and bequeath unto my son Robert Booth Armistead my negro man called Caesar and my negro girl called Daplane and her future increase, to him and his heirs forever. I also give to my said son a seventh part of all the stock on the Plantacon where I now live.
Item, I give and bequeath to my son James Bray Armistead my negro woman called and known by the name of WesPoint Hannah, with her present and future Increase, to him and his heirs forever
Item I give and devise to my son Ellyson Armistead the land which I purchased of William Starke and Hugh Miller called "the Level," lying in Martin Brandon Parish in Prince George County; and the heirs male of his Body lawfully begotten, and for want of such to my son Charles Armistead and the heirs male of his Body lawfully begotten, and for want of such I devise the said Land to my Executors and their heirs forever, to be by them sold for the best price that may be had, and it is my will that the money arising from such sale be equally divided amongst my sons James Bray Armistead and Charles Armistead and my daughters Nancy Anderson Armistead, Jane Armistead and Elizabeth Armistead.
Item, I give to my son Ellyson Armistead all the stock of cattle, horses, sheep and hogs, and others the personall estate, Negroes excepted, being upon or belonging to the aforesaid Lands, or the Lands which I hold in the said county in right of my wife, and all the negros being upon or belonging to the aforesaid lands except my negro man Pompey I give in the following manner to-wit: one half to my son Ellyson and his heirs forever, and the other half to be equally divided among all my children, except my sons Robert, James and Ellyson, but it is my will and desire that my beloved wife Jane Armistead have the use of all the said negros, except Pompey, during her life, and also that she have the use of the above mentioned Lands, stocks, and personal estate-until my son Ellyson shall attain the age of twenty one years or be married for the better support of herself, and my children provided, she continue my widow so long, she not making any waste, but in case she could marry in the meantime, then the use hereby given her to cease, and be utterly void
Item, I lend unto my said wife the use of my mulatto wench called Philadelphia during her widowhood, and upon her marriage or Death I give the said mulatto wench bo my son Robert forever.
I lend unto my said wife my mulatto girl called Lucy during her widowhood, and in case she should marry, or upon her death, then the said girl is to fall into the residue of my estate and be accounted as trust thereof. I also give to my said wife my riding horse chair and chair horse forever. I also give to my son Robert my watch and to my son Ellyson my silver hilted sword and cane, and whatever new goods may be in my house or sent for to England I desire may not be appraized, but that they may be for the use of my family.
Item, I give devise and bequeath all the rest, residue and remainder of my Estate of what kind soever, including my negro man Pompey now in Prince George, to be equally divided amongst all my children, except my sons Robert and Ellyson, and if any of my said children should die before they attain the age of twenty one years, or marriage with the consent of my Executors or one of them hereafter named, then the part of such child or children so dying I give to be equally amongst my surviving children, except my sons Robert Booth and Ellyson Armistead, and further it is my will that if any of my children should marry before they arrive to lawfull age without the consent of my executors hereafter named, or one of them, that then the part of the child so marrying shall pass to my other children and be equally divided amongst them, in the same manner as' if such child was naturally dead
Item, It is my will and desire that all my Estate be kept together as it now stands for the support of my wife and education and maintenance of my children until my said children shall arrive at the age of twenty-one years or be married as aforesaid, and that when any of my said children shall arrive to lawful age or be married as aforesd, then the part of said child shall be paid and allotted to him or her, and the rest of my Estate kept together for the use of my wife and other children aforesaid, and that in case my wife should marry again her support out of my Estate shall cease and she shall take what is given her by this will, and what is provided for her by our marriage agreement, and it is my will that so long as she remains my widow she shall have one third of my Houses, outhouses, and Plantation whereon I now live, over and above what I have before devised to her and what is provided for her by the said marriage settlement.
Lastly, I constitute my loving wife and my good friend Col. Lewis Burwell of James City County and Robert Carter Nicholas of York County Executors of this my last will & Testament and Guardians to my children, hereby revoking all former wills, and I desire the said Lewis Burwell and Robert Carter Nicholas may have power to satisfie themselves out of the profits of my Estate what they shall think just and necessary for their trouble & expenses in the Execution of this my will. In witness whereof I have herewith set my hand and affixed my seal this sixteenth day of May, 1757, in the thirtieth year of the Reign of my Sovereign Lord King George the second.
Ellyson Armistead (L. S.) Signed sealed & Published by the Testate as and for his Last will & Testament in our presence who witnessed the same at his request & in his presence.
John Brown, John Ferguson, Colin Ferguson I Desire my son James Bray Armistead may be provided with clothes at the Expense of my Estate during his Apprenticeship with John Brown of the City of Williamsburg.
Ellyson Armistead (L. S. ) John Brown
John Ferguson
Colin Ferguson
Whereas I have given to my two sons Robert Booth Armistead & James Bray Armistead several Legacies, my will and meaning is that my said two sons shall have the said Legacies upon this condition that they shall never claim or sue for any hire for the slaves that they or either of them might have claimed before my death & the son so demanding or suing shall he utterly barred from any benefitt arising from the Legacies given him by my will and the same shall go with my Estate and be divided between my other Children In Witness whereof I have set my hand and seal to this Codicil this fifteenth day of July 1757
Ellyson Armistead (L. S.)
Teste, Jacob Bruce
Rebecca Vest
At a Court held for York County the 19th day of December, 1757, This will was proven, according to Law, by the oaths of John Brown and Alice Ferguson, witnesses thereto, and the codicil thereunto written, was also proven by the oaths of Vest a witness thereto, and the said will and codicil was sworn to by Lewis Burwell gent., one of the Executors, and ordered to he recorded, and on the motion of the said Executor, who together with John Randolph his Noway entered into and acknowledged bond as the Law directs, Certificate was granted him for obtaining a probate in due form, liberty being reserved to the other executors named in the said will to join in the Probate when they shall think El.
Teste
Thomas Everard,
Examd Cl. Court.
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
1690 - 1757 (67 years)