Notes for Malcolm Hart

Notes for Malcolm Hart

!Last Will and Testament of Malcolm Hart: From Spotsylvania Will Book as transcribed for the USGenWeb Project by Barbara Bower on 3 January 1999. Any and all commercial use of this transcription is prohibited.
I, Malcolm Hart of the county of Spotsylvania and State of Virginia do hereby make and ordain this my last will & testament hereby revoking all others made by me.
Item 1. I lend my mother during her natural life all my land South of the old road leading from Mr. John Lipscombs old place to the main road leading from Mrs. Andrews to Wallers Tavern & all the land west of the line commencing at the said old road where the present dividing fence stands running North Sixteen degrees east to Mrs. Sandidge's line and after her death to be equally divided among all my Brothers & Sisters or their legal representatives either by sale or alotment [sic] as a majority of them may determine.
Item 2nd. I desire that my executors may dispose of any portion of the property loaned my wife that they think can best be spared for the payment of all my just debts specifick [sic] legacies excepted (that is) the sale of them.
Item 3. I lend unto my beloved wife Mary B. during her natural life all property not herein disposed of as long as she remains my widow & at her death to go to my daughter Eliza.
Item 4. After the death of my wife I wish Mary Hart the daughter of my brother John to have a negroe girl about ten years of age or the one that may be nearest of that age to be designated by my executors or my wife may give up one in her time if she thinks she can conveniently do so.
Item 5th. I desire that my watch may go to Malcolm Crump after the death of my wife.
Item 6th. I desire that my Gun, Belt, Flash, Gun lock holder sports mans hammer & screws may go to Robert Malcolm Hart the son of my brother Archd. at the death of my wife or sooner if she chooses to do so.
I do hereby appoint my brothers John and Archd. Hart and Gabriel Long executors of this my last will & testament having full confidence in them [and] request that no security may be required of them.

In witness whereof I have hereunto set my hand and seal this 21st Octr. 1824.
/s/Malcolm Hart [Seal]
Codicil 1st That part of my Land said to contain about one hundred & 26 acres purchased at the sale of Mrs. Sandidge in July 1825 I wish disposed of as directed by the 3 Item in the 1st part of my Will (That is) I lend the above land to my wife during her natural life if she remains a widow & at her death to go to my daughter Eliza.
Codicil 2nd After the death of my Wife I wish my executors to give George Crump the son of my Sister Susan the third choice of all the Horses if there be above the number of two.
/s/Malcolm Hart
March 1st 1826

At a Court held for Spotsylvania County the 3rd day of September 1827. This writing purporting to be the last Will and testament of Malcolm Hart deceased was produced in Court and there being no subscribing witnesses thereto Joseph Herndon and John Crump being sworn severally deposed that they are well acquainted with the hand writing of the said Malcolm Hart that they had seen him write and that they verily believe the said writing with the codicil amended and the same thereto subscribed was wholly written by the said Malcolm Hart Whereupon the same is ordered to be recorded. And on the motion of John Hart, Archibald Hart and Gabriel Long the executors therein named who made oath thereto and entered into and acknowledged a bond in the penalty of $16000 conditioned as the law directs Certificate is granted them for obtaining a probate of the said will in due form.
Teste
R. L. Stevenson, C. C.
Recorded liber M folio 109