Augusta County Court Will Book #37 page 277
Robert Christian
I Robert Christian of Augusta County, Virginia, do make this my last will and testament as follows: I direct all just debts and charges on my estate to be promptly paid. To my son John Christian and his heirs forever, I give and devise all the lands and this proper appertenances[sic], in my possession, situate[d] in the county of Augusta. I give and bequeath to my daughters, severally, the following sums in money, viz to Nancy B. wife of Robert P. Brown, two hundred dollars; to Elizabeth wife of Charles K. Hyde, two hundred dollars, to her sole and separate use; Rachel M. wife of James H. Burdett, two hundred dollars, to her sole and separate use and sole benefit, free from the debts and control of her husband; and to Sarah Rebecca two hundred; one half of said several equal sums to be paid at the experation[sic] of one year, and the other half thereof at the expiration of two years from my decease by my son John, and the receipt therefor to him by each of my said daughters for her prospective legacy shall be a sufficient discharge and be taken in lien and satisfaction of any interest which said daughters, or anyone in their behalf, might claim in the lands in my possession during life;
To my daughter Nancy Bell Brown, wife of the said Robert, I further give and bequeath the following slaves viz. their future increase from this date-viz-Jenny, Fanny, Witty, Mary, Diana, Margaret, Ann, Alexander, Charles, and Caroline, all of whom are now in her possession.
I give and bequeath to my executors hereinafter named, their heirs, executors, & c. the following slaves with their future increase from this date, viz. Polly and her young child, Saray, Joseph, Reuben, Betsy and Estaline child of Ellen; in trust nevertheless for the sole and separate use and benefit of my daughter Elizabeth Hyde, for her natural life, free from the debts, contracts and control of her husband C. K. Hyde, and at her death to her children absolutely, that may survive her.
To my said executors, herinafter named, their Heirs, executors & c. I give and bequeath the following slaves and their future increase form this date, viz. Maria, Ervin, Sam, Eliza, Moses, old Dorcas, young Dorcas, and Cynthia: in trust nevertheless, for the sole and separate use and benefit of my daughter, Rachel Mary wife of James H. Burdett, for her natural life, free from the debts, contracts and control of her said husband, and at her decease to her children, absolutely that may survive her and in the distribution of the slaves among her children it is my desire that the negro girl Cynthia be allotted if practicable to Sarah Bell Burdett, and that young Dorcas be allotted if practicable, to Mary Elizabeth, daughter of said Rachel M. Burdett.
But in respect to the aforesaid slaves, bequeathed above for the separate use and benefit of my said daughters, Elizabeth and Rachel, and their respective children, I further desire and will that the said executors, as trustees aforesaid shall have and exercise full power to sell and otherwise dispose of said slaves, or any of them, as in the sound discretion of either themselves, their survivors or proper representative in the premises may best promote from the annual profits of the slaves or their proceeds, to the comfort and maintenance of my said daughters and their children; and it is further my will that if either of my said daughters, Elizabeth or Rachel, die leaving no child surviving her, then that the remainder interest in said negro slaves in such event shall in that case only in which no child survives the termination of the particular life estate, lapse into my estate and be distributed among my heirs living at that date according to the law of descents and distribution in Virginia, but free from the debts or contracts of the husbands of either of my said daughters;
To my daughter Sarah Rebecca, I give and bequeath the following slaves, and their future increase from this date viz.: Fanny, Kenny, Jefferson, Marshall, and their mother Milly, also Diana, James, and old Sarah; and I desire that Son John shall give her a home, at the homestead, as long as she remains single, and if she marries to give her then as much personal property, as her sisters received at their marriage, respectively.
To my son I further give, bequeath and devise the following slaves and their future increase from this date viz: Joshua, Moses, Ellen, Adam, Jerry, Tobias, Brice, Martha, and Mary; also all my farm stock, utensils, household and kitchen furniture, and all the rest and residue of my estate and effects of any kind whatever as may consist at the time of my decease, not herinbefore given, and bequeathed and subject to the payment of all my just debts, charges and legacies, to him and his heirs forever:
And I do appoint my son John Christian, and my brother-in-law Samuel H. Bell, to be the executors--and trustees as aforesaid--of this my last true and only will and testament: In witness whereof I have herewith set my hand and seal this 16th day of December A.D. 1858. The word "dispose" underlined on the 2nd page of this will by my direction, before signing.
Robert Christian (signed)
Signed, sealed, published and acknowledged by Robt. Christian as his last will in our presence, all present together and attested by us at his request.
Bolivar Christian (signed)
C. F. Christian (signed)
Lane H. Bell (signed)