Home reminiscences of John Randolph of Roanoke |
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| XV. | CHAPTER XV. |
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 | CHAPTER XV. Home reminiscences of John Randolph |  |
CHAPTER XV.
MR. RANDOLPH'S WILL.
AFTER the death of John Randolph, it was ascertained
that he had left several wills. One in the possession
of Dr. John Brockenbrough, written in 1819; another
without date, though written in 1821, with four codicils
dated respectively on the 5th of December, 1821, the 31st of
January, 1826, the 6th of May, 1828, and the 26th of August,
1831; and yet another will, dated the 1st of January,
1832. The first, for some cause, was not admitted to
probate, and the last was set aside, because he was not considered
of sound mind at the time. The will of 1821, however,
after a long contest, was finally established.
As a matter of curiosity, we give it in full to our readers,
copied literally from Grattan's Reports:
In the name of God, Amen.
I, John Randolph, of Roanoke, do ordain this my last will and testament,
hereby revoking all other wills whatsoever.
1. I give and bequeath all my slaves their freedom, heartily regretting
that I have ever been the owner of one.
2. I give to my ex'or a sum not exceeding eight thousand dollars, or
so much thereof as may be necessary to transport and settle said slaves
to and in some other State or territory of the U. S., giving to all above
the age of forty not less than ten acres of land each.
To my old and faithful servants, Essex and his wife Hetty, who, I
trust, may be suffered to remain in the State, I give and bequeath three-and-a-half
barrels of corn, two hundred weight of pork, a pair of strong
shoes, a suit of clothes, and a blanket each, to be paid them annually;
brown sugar.
To my woman servant Nancy, the like allowance as to her mother. To
Juba (alias Jupiter) the same; to Queen the same; to Johnny, my body
servant, the same, during their respective lives.
I confirm to my brother Beverly the slaves I gave him, and for which I
have a reconveyance.
I bequeath to John Randolph Clay four hundred dollars annually to
complete his education, until he shall have arrived at the age of twenty-four
years, earnestly exhorting him never to eat the bread of idleness or
dependence.
I bequeath to my namesake, John Randolph Bryan, my gold watch,
chain and seals, and the choice of my horses.
I bequeath to his brother Thomas the choice of two of my horses.
To William Leigh, of Halifax, I bequeath to him and his heirs forever
all the land on which I live, lying between the Owen's ferry road
and Carrington's, Cooke's, Lipscomb's and Morton's lines. Also, the
books, plate, linen, household and kitchen furniture, liquors, stock, tools,
and everything as it now stands, hereby appointing him my sole executor.
And I do desire that he may not be required to give security, or to make
any inventory of anything here; that is, at my mansion-house or the middle-quarter.
(Cut out in the original.) B. Dudley, all the interest I have under the
will of Mrs. Martha Corran.
My interest, under the will of Mrs. Judith Randolph, I desire my executor
to sell if he shall see fit, but not otherwise.
The land above the Owen's ferry road and the lower quarter, and the
land I bought of the Reads, to be sold at my said executor's discretion,
and whatever m (cut out in the original) y debts I give and bequeath to
Francis Scott Key and the Rev. Wm. Meade, to be disposed of towards
bettering the condition of my manumitted slaves.
I have not included my mother's descendants in my will, because her
husband, besides the whole profits of my father's estate during the minority
of my brother and myself, has contrived to get to himself the slaves
given by my grandfather Bland, as her marriage portion when my father
married her, which slaves were inventoried at my father's death as part of
his estate, and were as much his as any that he had. One-half of them,
my brother Richard's death, as the other would have been at mine.
Witness my hand and seal.
The name (cut out in the original.)
[ILLUSTRATION][Description: [Seal.]]
In the presence of
Codicil to this my will, made the 5th day of December, 1821. I revoke
the bequest to T. B. Dudley, and bequeath the same to my executor,
to whom also I give in fee simple all my lots and houses in Farmville,
and every other species of property whatever that I die possessed of,
saving the aforesaid specifications in my will.
(The name cut out of the original.)
The reason of the above revocation I have communicated to Wm. J.
Barksdale, Esq.
The codicil of 1826.
In the name of God, Amen. I, John Randolph, of Roanoke, being of
sound mind and memory, but of infirm health, do ordain this codicil to
my last will and testament, now in the possession of Wm. Leigh, Esquire,
of Halifax county, Virginia, executor thereof, which said appointment I
do hereby confirm, with all the bequests made to him therein, and bequests
to or for the benefit of all, each and every of my slaves, whether
by name or otherwise, and all bequests to him and them which may be
contained in my codicil to my last will. I make the same provision for
my body servant John that I made in my will for his father Essex, and
the same provision for the said John's wife Betsy that I made for Hetty,
the wife of Essex aforesaid, and similar provision for my man servant
Juba, and his wife Celia, and the same for mulatto Nancey at the Lower
Quarter, Archer's wife. And I humbly request the General Assembly
(the only request that I ever preferred to them) to let the above named,
and such other of my old and faithful slaves as desire it, to remain in Virginia,
recommending them, each and all, to the care of my said ex'or,
who I know is too wise, just and humane, to send them to Liberia, or any
other place in Africa, or the West Indies.
I revoke all and every bequest in my said will, or in any former codicil
thereto (except as aforesaid, to my executor William Leigh, and my slaves,
whether by name or otherwise), of every description whatsoever, whether
of my own proper estate, or in expectancy or reversion from the Bland
and Bizarre estate, or from any other contingency or source whatsoever.
These reversions or remainders, or executor's devises, or whatsoever the
law chooses to call them, I bequeath to my said executor, as a fund to be
used at his discretion for the benefit of my slaves aforesaid, the surplus, if
any, to be his own.
I also give and bequeath to the said William Leigh, my executor, the
land that I bought of Pleasant Lipscomb's estate, to him and his heirs
forever.
I also give and bequeath to my said executor and his heirs forever the
lot of fifty-three acres of land lying at the deep gut on Staunton river, in
Halifax county, that I bought of William Sims Daniel, and I request my
said executor not to sell or lease the same, but to work it in three shifts,
and to enable him to do so, I give and bequeath to him the lot of one
hundred and seventy-five acres of land in Halifax county, which I also
bought of William Sims Daniel, to have and to hold during his natural
life, and at his decease to that one of his children to whom he shall bequeath
the aforesaid lot of fifty-three acres at the deep gut.
I give and bequeath to my friend, Thomas H. Benton, all that part of
the tract of land that I bought of Jonathan Read's heirs, that lies on the
south-eastern side of Little Roanoke, containing about six hundred acres,
as a mark of my regard to one whose friendship towards me was not expressed
merely in words. I also give him my large pistols, made by
Woydon & Burton.
To my friend, Dr. John Brokenbrough, I leave all my plate made by
Rundle, Bridge & Rundle, viz: 1 tea pot, one coffee pot, 1 sugar dish and
tongs, two tureens, 4 sauce dishes. All the rest and residue of my plate,
furniture of every sort, plantation utsensils, &c., I give to my said executor,
Wm. Leigh, and all my books, maps, charts, pictures, prints, &c.,
except three folio manuscript volumes, bound in parchment, which I
bequeath to the master and fellows (and their successors) of Trinity College,
Cambridge, old England, the first college of the first University of
the world.
To my friend William J. Barksdale, of Haw Branch, Esquire, I bequeath
boots and shoes, two pair each, my gold watch made by Baiwese,
with the chain and seals, except the oldest seal with the Randolph arms
and motto nil admirari, which I leave to R. Kidder Randolph, of Rhode
Island.
I also leave to the said W. J. Barksdale the choice of any of my mares
or fillies.
I leave to Edmond Irby, of Nottoway, the next choice of my mares or
fillies, and any one of my horses or colts, to be selected by himself; also,
my double barrel gun.
To Peyton Randolph, of Buck river, Prince Edward, I leave my small
cockney gun by Mortimer.
All the rest and residue of my estate, real or personal, I leave to my
executor, Wm. Leigh, hereby directing that no inventory or appraisement
be made of my estate, and that no security shall be required of my said
executor for the faithful discharge of the trust reposed in him—his own
character being the best security, and where that is wanting, all other is
unavailing.
In witness whereof I have hereunto set my hand and affixed my seal
(the following interlineations and expungings being first made: in the
second paragraph the word "Essex" interlined; in the third paragraph
the word "former" interlined, and the word "or" expunged; and in the
7th paragraph the words, "and tongs" interlined) this thirty-first day of
January, one thousand eight hundred and twenty-six (the whole of this
codicil being written in my own hand).
Memorandum.—The folio volumes of MS. bound in parchment, containing
the records, &c., of the old London company.
The Codicil of 1828.
Being in great extremity, but in my perfect senses, I write this codicil
to my will in the possession of my friend Wm. Leigh, of Halifax county,
Esquire, to declare that will is my sole last will and testament, and that if
hereby revoke the same.
Witness my hand and seal.
codicil on board the steamboat that was carrying me to the packet ship
Amity, which codicil, by my direction, Mr. Leigh destroyed.
as being in Mr. Leigh's possession, makes no disposition of the land that
I purchased of Walter Coles and Letty his wife; also the land I bought
of — Daniel, consisting of two small tracts in Halifax; also, of the
land purchased of Pleasant Lipscomb's heirs. Now this writing witnesseth,
that I give and bequeath the whole of the above recited lands,
purchased since the date of my will aforesaid, to William Leigh, Esquire,
my faithful friend, who has given me aid and comfort, not with words
only, but by deeds.
every of the aforesaid tracts of land, but all the property of every description
and kind whatsoever that I may have acquired since the date of that
will aforesaid.
In the will above recited, I give to my said ex'or, Wm. Leigh, the
refusal of the land above Owen's (now Clark's) ferry road, at a price that
I then thought very moderate, but which a change in the times has rendered
too high to answer my friendly intentions towards my said executor
in giving him that refusal. I do, therefore, so far, but so far only, modify
at which he may take all the land above the ferry road that I inherited
from my father, all that I bought of the late John Daniel, deceased,
and of Tom Beaseley, Charles Beaseley, and others of that name
and family, this last being the land that Gabriel Beaseley used to have in
possession, and whereon Beverley Tucker lived, and which I hold by
deed from him and his wife, of record in Charlotte county court.
Witness my hand and seal — day and year aforesaid.
page, first interlined.)
As lawyers and courts of law are extremely addicted to making wills
for dead men, which they never made when living, it is my will and desire
that no person who shall set aside, or attempt to set aside, the will
above referred to, shall ever inherit, possess or enjoy any part of my estate,
real or personal.
Codicil of 1831.
On the eve of embarking for the U. S., considering my very feeble
health, to say nothing of the dangers of the seas, I add this codicil to my
last will and testament and the codicils thereto, affirming them all, except
so far as they may be inconsistent with the following disposition of my
estate:
1. It is my will and desire that my dear niece, Elizabeth Tucker Bryan,
shall have my lower quarter, with the lands purchased of Coles and wife
and of Allen Gilliam's estate, with the mill; and I do hereby bequeath
the same to her and her heirs forever.
2. To my brother, Henry St. George Tucker, I give and bequeath all
my Bushy Forrest estate, on both sides of Little Roanoke, bought of the
Reads, and all my interest in the estate of Mrs. Martha Corran, and my
lots and houses in Farmville.
3. I have upwards of two thousand pounds sterling in the hands of
Barring Brothers & Co., of London, and upwards of one thousand pounds
of like money in the hands of Gowane Marx; this money I leave to my
ex'r, Wm. Leigh, as a fund for carrying into execution my will respecting
my slaves. And in addition to the provision which I have made for my
faithful servant John, sometimes called John White, I charge my whole
estate with an annuity to him during his life of fifty dollars; and, as the
only favor that I ever asked of any government, I do entreat the Assembly
of Virginia to permit the said John and his family to remain in Virginia;
and I do earnestly recommend him and them to my executor aforesaid
and to my dear brother and niece aforesaid.
4. My plate and library I leave to my dear niece, E. T. Bryan.
Witness my hand, in Warwick street, Charing Cross, London, this twenty-ninth
day of August, one thousand eight hundred and thirty-two, to
which I have also appended my seal.
In case of accident, to be sent to the U. S.
The will of January 31st. 1832.
In the name of God, Amen. I, John Randolph, of Roanoke, in the
county of Charlotte and Commonwealth of Virginia, do ordain and appoint
this my last will and testament, hereby revoking all other wills and
testaments and codicils whatsoever, in the manner and form following,
that is to say: On this first day of January, one thousand eight hundred
and thirty two, to which I have set my hand and affixed my seal, binding
my heirs and assigns forever:
I give and bequeath all my estate, real and personal, in possession or action,
reversion or remainder, to John C. Bryan, only son of John Randolph
Bryan and Elizabeth Coalter his wife, daughter of my dear sister Fanny, for
and during the life of the said John C. Bryan, with remainder to his eldest
son in fee simple, to him and his heirs forever: and in defect of such issue,
me, for and during his natural life, with remainder to his eldest son; and
in defect of any such issue, then to Tudor Tucker, brother of the aforesaid
Randolph Tucker, for and during his natural life, with remainder to
his eldest son.
And I do hereby appoint my friends, Wm. Leigh, of Halifax, and my
brother, Henry St. George Tucker, president of the Court of Appeals,
executors of this my last will and testament; requiring them to sell all
the slaves and other perishable or personal property, and vest the proceeds
in bank stock of the bank of the United States; and in default of there
being no such bank (which may God grant for the safety of our liberties),
in the English three per cent. consols; and in case of there being no such
stocks (which also may God grant for the safety of old England), then in
the United States three per cent. stock; or in defect of such stock, in
mortgages on land in England.
From the sale of my perishable property I except my library, books,
maps, charts and engravings included, my pictures, plate, household linen,
and the furniture of my bed chamber in the old house, and all the furniture
in the new house, wines, together with such other articles as my said
ex'ors may deem proper to keep for the benefit of the heirs. And my
will and desire is, that my said executors may select from among my
slaves a number not exceeding one hundred for the use of the heir; the
remainder to be sold. I also desire that my Bushy Forest tract of land
may be sold and made chargeable with such debts and legacies as hereafter
I may see fit to give when I shall have more leisure to make my will;
this being made in consequence of having cancelled a former will this
night in presence of Wm. Leigh aforesaid, the sole executor under that
will, and joint executor under this will, which I make to guard against
the possibility of dying intestate.
I have in the bank of Virginia upwards of 20,000 dollars; of which
sum I desire payment to be made for the land purchased by me the day
before yesterday of Elisha E. Hundley; and I bequeath the remainder to
be equally divided between my said executors, Wm. Leigh and H. S. G.
Tucker, Esquires: and I farther charge my Bushy Forest estate with a
farther legacy to John Randolph Leigh, youngest son of Wm. Leigh aforesaid,
of five thousand dollars.
And it is my will and desire that no inventory be taken of my estate,
except of my slaves and horses, and that no security be given by or required
shall they be held to account to any court or person whatsoever for their
discharge of this trust so confided by me in them.
To Dr. John Brokenbrough I leave all my French plate now in Richmond
at J. P. Taylor's, also my chariot and harness and the horses called
John Bull and Jonathan, alias John W.
To John Wickham, Esquire, my best of friends, without making any
professions of friendship for me, and the best and wisest man I ever knew
except Mr. Macon, I bequeath my mare Flora and my stallion Gascoigne;
together with two old-fashioned, double-handled silver cups, and two
tankards unengraved—the cups are here, and the tankards or cans in
Richmond—and I desire that he will have his arms engraved upon them,
and at the bottom these words: "From J. R., of Roanoke, to John Wickham,
Esquire, as a token of the respect and gratitude which he never
ceased to feel for unparallelled kindness, courtesy and services."
To Nathaniel Macon I give and bequeath my oldest high silver candlesticks,
my silver punch ladle with whalebone handle, a pair of silver
cans with handles and my crest engraved thereon, my hard metal dishes
that have my crest and J. R. in old English letters engraved thereon, also
the plates with the same engraving, the choice of four of my best young
mares and geldings, and the gold watch by Roskell that was Tudor's with
the gold chain: and may every blessing attend him—the best, purest and
wisest man that I ever knew. To my brother Henry Tucker, my gold
watch, by Bauwise. The chronometer by Arnold, and knives and forks
&c., from Rogers, to go to the heir. To Wm. Leigh, all duplicates of
my books, and my brood mare's last chance, and Amy. To H. Tucker,
young Whalebone and young Never Tire, also Topaz and Janus and Camilla
and Marcella.
| CHAPTER XV. Home reminiscences of John Randolph | |