Review:
Katherine Gentry Bushman cites 4th Great Grandfather James Todd Jr.’s will in The Todd Family of Mossy Creek, Augusta County, Virginia:
Augusta County, Virginia
Will Book 19, page 396, will of James Todd, Jr., dated 1-31-1834,
proved March Term of court, 1834; executor: Jacob Daggy, Sr., Teste: Adam Rusmisel, Samuel Todd, Christian Rusmisel
Re-Do:
Pictured below are digital images of James Todd Jr.’s will that I located at Ancestry.com. A transcription follows the images.
Augusta Co., VA Will Book 19, page 396
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Augusta Co. VA Will Book 19, page 397
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Transcription:
In the Name of God Amen, I James Todd of the County of Augusta & State of Virginia, being weak of body, but sound in mind, (thanks be to God for this mercy) feel desirous to dispose of the property with which I have been blessed in the following manner; after my just debts and funeral expenses are paid it is my desire that the residue of my Estate be equally divided among my eight children, viz: Addison, Cyrus, James, Preston, Hannah, Rachel, Catherine & Amanda, with this understanding, that my beloved wife is first to have her legal dower, & the residue equally divided after my wife’s death, or to be more explicit, it is my desire that the whole estate remain entire as it now is, until my wife’s death, and in the meantime my Executor herein named shall have power to dispose of any of the personal property he may think best for the general good, or to dispose of some of the property if necessary for the purpose of educating my four youngest children, the expense of education I wish not charged against them, but wish them to have equal share with others, exclusive of that expense, and my earnest desire is there may be no misunderstanding between any of the parties concerned, but if unfortunately it should so happen, my desire is the matter be referred to the Executor and his opinion shall be binding, but if between the Executor & any of the heirs, it shall be referred to two Judicious Neighbors, one chosen by each and they have power to choose a third & their decision shall be binding & if any should be so stubborn as still to persist & bring suit for their supposed rights, by doing so they shall forfeit any bequest made to them & that portion shall be divided amongst others that acquiesce. And I hereby constitute and appoint my friend Jacob Daggy Sen’r, Tanner, Sole Executor of this my last Will & Testament, hereby revoking all others, as witness my hand & Seal this 30th day of Jan’y, 1834
JAMES TODD
Signed Sealed and Acknowledged in preasants of
Adam Rusmisel
Samuel Todd
Christian Rusmisel
Augusta County Court, March Term, 1834
This last Will & Testament of James Todd Dec’d, was presented in court & proved by the oaths of Adam Rusmisel & Samuel Todd, two of the subscribing Witnesses thereto, & ordered to be recorded; and on the motion of Jacob Daggy Sen’r, who took the oath required by law & together with George Kiracofe, Michael Daggy & Jacob Daggy Jr. his securities entered into & acknowledged a bond in the penalty of Three Thousand Dollars, conditioned as the law requires, which bond is ordered to be recorded, Certificate is granted the said Jacob Daggy Sen’r for obtaining a probate thereof in due form,
Teste, JEFFERSON KINNEY, C. A. C.
James named eight children in his will and wanted his estate divided among them-- Addison, Cyrus, James, Preston, Hannah, Rachel, Catherine, and Amanda. Of course, his widow, Catherine, was entitled to her dower and her well-being was on James’ mind when he expressed the wish his estate remain whole until after her death.
He valued learning and instructed Jacob Daggy to sell his personal property, if necessary, to provide an education for his four youngest children.
A persnickety streak crept into Great Grandfather’s will about any misunderstandings among his heirs. I knew he sounded worried when I read “… if any should be stubborn as still to persist & bring suit for their supposed rights, by doing so they shall forfeit any bequest made to them & that portion shall be divided amongst others that acquiesce.” (Later research hinted at who that might have been.)
An inventory was prepared and an appraisal followed April 10, 1834. The appraisers, R. Coyner, Samuel Landes, and Abraham Hanna, presented the document in Augusta Co. Court during the May Term 1834. The James Todd inventory included assorted farm tools, household items, livestock, corn, and furniture. Most
times inventories include only the personal property of the decedent but the
appraisers assessed James Todd’s 104 ½ acres of land worth $1,162.50.
Grandmother Catherine retained many items from the inventory for her use and the family (value $457.90).This is the first time I found a separate sale bill devoted to the items the Widow kept.
James Todd Inventory and Sale
Augusta Co. VA Will Book 19, page 421
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James Todd Inventory and Sale
Augusta Co. VA Will Book 19, page 422
Rethink:
I’m glad I chose to include James Todd Jr.’s will in my Review, Re-Do, and Rethink project as I acquired digital images of the will, inventory/appraisal, sale, and account.
Finding the 104 ½ acres of land mentioned in the inventory gives me hope I’ll find more information in land records.
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