Will of Richard Gilliam, 1833

Will of Richard GILLIAM
Updated December 23, 2006
Dated 7 Feb 1833, Presented 9 Sep 1839, Buckingham County, VA
Record Book 12, Page 195-198, Rutherford County, TN
Abstracted by Joyce Terrana


In the name of God Amen, I Richard GILLIAM of Buckingham Co, in State of Virginia being in sound mind (etc).

It is my will/desire that my beloved wife Elizabeth GILLIAM should have the benefit of my houses, plantation land during her widowhood . . . and the benefit of the following negroes, viz: Harry and his wife Hannah, Mat, Danel? (yellow) ____ Aggy, Nancy and a girl Rhoda, also 2 boys Isaac and Powell with their increase. It is my will that she should take as much of my stock, plantation tools household and kitchen furniture as may be necessary for her support during her widowhood together with a sufficiency of provision for the support of the plantation one year.

At her death or marriage it is my will and desire that all of the above named negroes with their increase together with my lands and all of the stock, household and kitchen furniture tools and crops that may be on hand at the time, be sold by my executors and the proceeds arising therefrom equally divided among my children or their heirs or representatives as herein after directed. It is my will/desire at my death that the remaining part of my stock crop plantation tools household and kitchen furniture that may be on hand after my aforesaid wife Elizabeth GILLIAM shall have taken so much thereof as be thought necessary for her support and use, be sold and the proceeds thereof equally divided among my children their heirs or representatives as herein after directed.

It is my will/desire that my tract of land lying on the head of Halfway Creek in Buckingham Co be sold by my executors whenever they may think best and the proceeds thereof equally divided among my children etc.

I give to my son Edmund G. GILLIAM the following negroes viz: Mike, Rachel, Harrison and Stephen (son of Aggy) and to his heirs forever also 2 beds and furniture which property I have valued to him at $917.

I give to my son Glover D. GILLIAM the following negroes viz: Stephen (son) of ____ and James which together with stock furniture and money heretofore furnished him I have valued to him at $1101 to him and his heirs forever.

I give to my daughter Lucy D. Gary the following negroes viz: Sam ______ Charles and Rozanna which together with stock and furniture heretofore furnished her, I have valued to her at $960 to her and her heirs forever.

I give to my sons Edmund J. GILLIAM and Richard H. GILLIAM in trust for the benefit of my daughter Sally W. Neighbors and heirs of her body the following negroes to wit: Celia, Sophia, Mahala and Joe which together with stock/furniture heretofore furnished her, I have valued to her at $950.
It is my will and desire that the above negroes together with their increase shall be held for the benefit of my said daughter Sally and the heirs of her body in trust by said son Edmund J. GILLIAM and Richard H. GILLIAM and at her death that they should go to her children and if her children should not arrive at full age or die without issue then it is my will that the property hereby given together with its increase and all the other property she may receive on an equal division of my estate shall should revert back to my children equally division among them.

I give to my son Richard H. GILLIAM the following slaves viz: Jack, Judy, Delaware and Martha also 2 beds and furniture which I have valued to him at $872 to him and his heirs forever.

I give to my son Edmund J. GILLIAM and Richard H. GILLIAM in trust for the benefit of my daughter Eiiza G. GILLIAM and the heirs of her body, the following negroes viz: Monroe, Louisa and Lucy. Also 2 beds and furniture which I have valued to her at $932.

It is my will/desire that the above negroes together with their increase should be held for the benefit of my said daughter Eliza and the heirs of her body in trust by my said sons E. J. GILLIAM and R. H. GILLIAM and at her death that they should go to her children and if her children should not arrive at full age or die without issue then it is my will that the property herby given with its increase together with all the other property she may receive on an equal division of my estate shall revert back to my other children equal division among them.

It being my will/desire that all my children should share equally in the benefit of my estate the property given off to them by this my last will and testament I have valued to them at the time of receiving it and set it down to them arriving to that valuation and it is my will/desire that the several _____ thus set down as given to them above should be taken into consideration in the final division of my estate among m children free of interest so that all shall be made equal in such division and receive the same amount of my estate.
It is also my will/desire that my daughter Eliza G. GILLIAM should _____ with her mother during her life if she my daughter Eliza should remain single so long, free of charge.

I do hereby appoint my sons Edmund J. GILLIAM and Richard H. GILLIAM my executors to this my last will/testament.
In witness whereof I have hereunto signed my name this the 9th day of Feb, 1833.

Sig: Richard GILLIAM

Wit: William GILLIAM, John H. Rowton, James Anderson

At a Court held for Buckingham Co, the 9th day of Sept 1839, this will was proved in open court by oaths of William GILLIAM and John H. Rowton, 2 of the subscribing witnesses and ordered to be recorded and another court held for the said county on Monday the 9th Dec following on the motion of Edward J. GILLIAM (notice Edward, not Edmund) one of the executors named in said will who took the oath and together with Thomas Sanders and Thomas Gary his securities entered into and acknowledged as bound in the penalty of $40,000 dollars conditioned as the law directs certificate is granted him for obtaining a probate of said will in due form. Rolfe Eldridge C. B. C. A Copy, test Rolfe Eldridge C. B. C.

State of Virginia, Buckingham Co to wit: I, Ralph Eldridge Clerk of the County Court of Buckingham ado hereby certify that the foregoing is a true transcript from the records of the said court. In testimony whereof I have hereunto set my hand and annexed the seal of the said court this 22 May in the year 1842. signed Rolfe Eldridge

Virginia Buckingham Co to wit: I Charles Yancey presiding Justice of the Peace in/for Buckingham Co, Va. do certify that Rolfe Eldridge who hath given the proceeding certificate is clerk of said court and that his said attestation is in due form. Given under my hand this 2nd day of June 1842. Charles Yancy, P. J. P.

STATE OF TENNESSEE, Rutherford Co Court, July term 1842. The foregoing copy and certificate thereon of the last will and testament of Richard GILLIAM deceased was proven in open court at the above mentioned term and was ordered to be recorded. Robert S. Morris, Clerk of Rutherford County Court.
Received July 19, 1842

John S Cooke sold his interest in the land of his father, Stephen Cooke, Esq., to brother Abraham Cooke in 1811. He is next found in 1822 in Bedford Co., TN in a deed to a relative, George Hooper:

Deed dated 14 Oct 1822, Registered 4 Jul 1823
John Cooke & Charlotte, his wife & Abraham B. Routon & Ann, h/w TO George Hooper 130 acres of land in Bedford County, TENN.

Witnesses: Francis Mosley, S.S. Mosley, Richard GILLIAM
Acknowledged in Buckingham Co, VA by Cooke & Routon.


Sources

  • Rutherford County, TN, Record Book 12, Page 195-198