In the name of God Amen, I Patrick Henry of Charlotte County at my leisure and in health do make this my last Will and Testament in manner following and do write it throughout with my own hand—I knowing my ever dear wife Dorothea to be worthy of the most full and entire confidence, I do will and devise to her the Guardianship of my Children and do direct and order that she shall not in any manner be accountable to any person for her management therein.
I do give to my said wife Dorothea all my Lands at and ad-joining my dwelling place called red hill, purchased from Fuqua, Booker, Watkins, and others out of the tract called—Watkin’s Order, to hold during her life, together with Twenty of my slaves, her choice of them all. And at her death the said Lands are to be equally divided in value in fee simple between two of my sons by her; and she is to name and point out the two sons that are to take the said Lands in fee simple at her discretion
I will and direct all my Lands in my Long Island estate in Campbell County to be divided into two parts by Randolphs old road ‘till you come along it to the place where the new road going from the overseers house to Davis’s Mill crosses it at two white oaks and the stump of a third. From thence by a Strait line a few hundred yards to Potts’s spring at the old Quarter place. From thence as the water runs to the river which is near to the upper part where Mr. Philip Payne lives is to be added the long Island and other Islands, to the lower part the Overseers residence and also one hundred and fifty acres of the back land out of the upper part most convenient for both parts, for Timbers to the lower— These two estates to be fee simple to two of my other sons by my said wife whom she is also to name and point out—I will and direct that there be raised towards paying my debts one thousand pounds by sale in fee simple out of my following Lands Viz Leatherwood, Prince Edward Lands, Kentucky Lands seven Island Lands, and those lately purchased of Marshall, Mason, Norvell, Wimbish, Massy and Prewett, or such parts thereof as my Executors may direct, and the residue thereof I will and direct to be allotted equally in value into two parts for a provision for other two of my sons in fee simple by my said wife, which sons she shall in like manner name and point out. But if the payment of my Debts is or can be accomplished without selling any of my slaves or personal estate, then I desire none of those Lands be sold but they are to be allotted as the provision aforesaid for two of my sons—Thus I have endeavored to provide for my six sons by my dear Dorothea, their names are Patrick, Fayette, Alexander Spotswood, Nathaniel, Edward Winston, and John
I will my slaves to be equally divided amongst my Children by my present wife, except my daughter Winston who has received hers or nearly so. But the twenty slaves given to my said wife for her life, I desire she may give as she pleases amongst her Children by me
I will that my wife have power to execute Deeds for any Lands I have agreed to sell in the most ample manner
I give to my grand son Edmund Henry when he arrives to the age of Twenty one years and not before in fee simple the thousand acres of Land where his father died joining Perego’s line, Coles line, and the line of the Land intended for my son Edward decd— together with the negros and other property on the said one thousand acres of Land—But in case the said Edmund shall die under the age of twenty one years and without Issue then alive, I will the said Land slaves and other property to my six sons above mentioned equally in fee simple—
I have heretofore provided for the children of my first marriage—But I will to my Daughters Roane and Aylett two hundred pounds each of them as soon as my estate can conveniently pay it by cropping—In case either of my six sons viz Patrick, Fayette, Alexander Spotswood, Nathaniel, Edward Winston or John, shall die under the age of twenty one unmarried and without Issue then living, I will that the estate of such decedent be divided among the survivors of them in such manner as my said wife shall direct.
All the rest and residue of my estate whether Lands, slaves, personal estate, Debts and rights of every kind, I give to my ever dear and beloved wife Dorothea, the better to enable her to educate and bring up my children by her and in particular I desire she may at her discretion, collect, accomodate, manage,and dispose of the debt due to me from the late Judge Wilson in such manner as she thinks best without being accountable to any person, but so as that the produce whether in Lands, slaves, or other effects be by her given amongst her children by me, as I do hereby direct all the said residue to be given by her after her decease—If the said Debt from the said Wilson can not be recovered, then I give the Lands I covenanted to sell to him the said Wilson lying in Virginia and North Carolina to my said wife in fee simple to make the most of and apply for the benefit of her children by me as aforesaid—
But in Case my said wife shall marry again in that case I revoke and make void every gift legacy authority or power herein mentioned and order will and direct she my said wife shall have no more of my estate than she can recover by Law, nor shall she be guardian to any of my Children or executrix of this my will I will that my Daughters Dorothea S. Winston, M. Catharine Henry, and Sarah Butler Henry be made equal in their negros In Case the debt from Judge Wilsons estate be recovered, I do desire and will that five hundred Dollars each be paid to my dear Daughters Anne Roan and Elizabeth Aylett and Martha Fontaine—
This is all the Inheritance I can give to my dear family, The religion of Christ can give them one which will make them rich indeed
I appoint my dear wife Dorothea executrix my friends Edmund Winston, Philip Payne and George D. Winston executors of this my last will revoking all others. In Witness whereof I have here-unto set my hand and seal this 20th November 1798
Codicil to my Will written by myself throughout and by me annexed and added to the said will and made part thereof in manner following that is to say,
Whereas since the making my said will, I have covenanted to sell my Lands on Leatherwood to George Hairston including the 1000 acres intended for my Grand son Edmund Henry, and have agreed to purchase from General Henry Lee two shares of the Laura Town Lands amounting to about 6314 acres certain, and the Debt due me from Wilsons estate is agreed to go in payment for the said purchase, whereby there will exist no necessity to sell any of my estate for payment of my debts—I do therefore give the said Laura Town Lands in fee simple equally to be divided in value to two of my sons by my dear wife Dorothea, and desire her to name the sons who are to take that estate—and it is to be in Lieu and place of the Leatherwood, Prince Edward, Kentucky and seven Islands and other Lands allotted for two of my sons in my said Will. So that the Red hill estate, Long Island estate, and the Laura Town estate will furnish seats for my six sons by my wife. In case any part of my Lands be evicted or lost for want of title, I will that a contribution of my other sons make good such loss in Lands of equal value—I give to my Daughter Fontaine five hundred Dollars to each of my Daughters Anne Roan and Elizabeth Aylett one thousand Dollars to my Daughter Dorothea S. Winston one thousand Dollars, as soon as my estate can conveniently raise these sums. To my Daughters Martha Catharine, and Sarah Butler, I give one thousand pounds each; and these Legacys to all and each of my Daughters are to be in Lieu and place of every thing before intended for them. And if it is not in the power of my executors to pay my said Daughters their Legacys in money from my estate, then and in that case all my said Daughters are to take property real or personal at fair valuation for their Legacys respectively—And to this end I give my lands in Kentucky, Prince Edward, at the seven Islands, all my Lands lately purchased near Falling river and its waters containing about 17, or 1800 Acres and all others not mentioned herein to my executors for the afore-said purpose of paying Legacys, and for allowing my grand son Edmund Henry eight hundred pounds in Lieu of the Leatherwood Lands in case he shall attain the age of twenty one years or marrys but not otherwise—His land if he has it at all is to be in fee simple as also all the Lands that may be allotted in Lieu of money are to go in fee simple—
I also will that my said dear wife shall at her discretion dispose of three hundred pounds worth of the said last mentioned Lands to any of her children by me and finally of whatsoever residue there may happen to be after satisfying the foregoing demands and that she shall have in fee simple all the residue of my estate real or personal not disposed of for the intent and purpose of giving the same amongst her children by me—If she chuses to set free one or two of my slaves she is to have full power to do so—In case Judge Wilsons Debt is lost by General Lee not taking it in payment whereby the contract for Laura Town lands becomes void; This Codicil is to become of no effect and is to be void and null, and my executors are to compensate the two of my sons to whom my Leatherwood Lands were to go by the Lands sold to Judge Wilson, and they are in that case to have all the Lands directed to be joined with the Leatherwood and so much money as will make their lots equal in value with the lots of my other sons by my present wife—In Witness whereof I have hereunto set my hand and seal this 12th day of February 1799
P. Henry L.S.
Indorsements. The within is my will written throughout by my own hand this 20th November 1798—P. Henry
The Codicil also written by myself February 12th 1799
At a Court held for Charlotte County the first day of July 1799.
This Last Will and Testament of Patrick Henry esq. decd. With the Codicil hereto annexed was presented in Court by Edmund Winston Gentleman one of the executors therein named and there being no Witnesses to the said Will or codicil Paul Carrington senr. And Paul Carrington Junr. Gentlement, being sworn each deposed that they are well acquainted with the Testators hand writing and verily believes that the said Will and the Codicil annexed, and the name thereto subscribed are all of the Testators hand writing—Whereupon the said Will and Codicil are ordered to be Recorded—On the Motion of Dorothea Henry the executrix and the said Edmund Winston and George D. Winston two of the executors therein named who made oath according to Law Certificate is Granted them for obtaining a probate of the said will in due form they giving security—Whereupon they with Joel Watkins, Paul Carrington Junr. And Philip Payne their securitys entered into and Acknowledged their Bond according to Law for that purpose—reserving liberty to Philip Payne the other executor named in the will to join in the probate thereof when he shall think fit.
Thomas Read Clk
Thomas Read Clk