Saturday, August 6, 2011

The Will of Anderson Pack

Another item I came across while doing my genealogy research years ago was the following will of Anderson Pack, a likely relative on my maternal grandmother's side. The will, signed in 1858, is interesting to me especially for the handling of Anderson's slaves. I thought it curious that he gives some their freedom while passing others on to other people as one would a favorite diamond bracelet.

Also note #15, below; I think Conrad did something that really upset his Daddy, don't you?
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Will of Anderson Pack
In the name of God, Amen, I Anderson Pack of the County of Mercer and State
of Virginia, do make this my last will and testament, hereby revoking and
declaring void all other wills made by me heretofore.
1st I desire to be buried with as little expense as decency will permit and
that all my debts and funeral expenses be paid as soon after my decease as
conveniently may be.
2nd I will and bequeath to my beloved wife, Rebecca S. Pack, in trust the
following property "to wit" my home plantation, where I now live with all
its appurtenances, together with all the horses, oxen, milch cows, hogs,
sheep, etc.,
on the farm, also my blacksmith tools, farming utensils, household and
kitchen furniture of every description, also my lands lying in the County of
Monroe including several tracts upon which James Roles now resides, with
this reservation that the said James Roles is to live on the said land under
his present contract until my son, Charles H. Pack, shall have arrived at
the age of Twenty-one years.  I also give in trust to my wife, Rebecca S.
Pack, my land known as the Cook farm (where my servant Tom now lives) with
its appurtenances.
3rd I also devise and bequeath to my wife in trust, all my negroes not
especially named in my will.
4th I also desire that my negro Tom may be emancipated and that my executors
(to be named hereafter) furnish him with money sufficient to take him to a
free state, or if Tom would prefer to stay in the family, I desire that he
may have the Gust Place and that Tom and his wife live there together (under
control of my wife) during his natural life.
5th I also give my two black women, Amy and Eliza, their freedom, if they
desire it, if they prefer remaining in the family, that they be at liberty
to select their homes amongst my children.
6th I devise and bequeath to Mary Jane Roles (wife of James Roles) a negro
woman named Mary and her increase, after the death of the said Mary J.
Roles, that the said Negro woman and her increase may be equally devided
between her heirs.
7th I give to my daughter Virginia Manser (in addition to what she has
already received) a negro man named Tasady and that after the decease of my
said daughter Virginia, the said negro to descend to her two daughters
Araminta G. and Laura R. Manser.
8th I give and bequeath to James Roles and John R. Dunlap, in trust for the
benefit of my daughter Elizabeth Jane Saunders, and her childrern, my tract
of land and mill property lying in the County of Raleigh known as the James
Cadle land, it being the same land that was sold under a trust deed and
purchased by John R. Dunlap and myself.  I desire that the said land nor no
part thereof shall be liable for the debts of Robert W. Saunders, nor under
his control.
9th I bequeath to my daughter, Clara B. Pack, one negro girl named Emdine,
one negro girl named Martha ( a daughter of Toms) and a negro man named
Meshack, I also give to my said daughter Clara B., my Alderson tract of land
situated in the pipestems, containing 550 acres, more or less, and I also
desire that my wife, in the event of her marriage, furnish her house with
furniture, bedding, etc., so as to make her equal to my other daughters.
10th I will and bequeath to my sons, Viz: "Conrad B. Pack, Samuel D. Pack,
John A. Pack, Allen C. Pack, Loammi L. Pack and Charles H. Pack, all my
lands lying in Monroe County, including several tracts where James Roles,
now lives, also my two tracts, lying on New River in Mercer County including
my home farm and the Cook farm known as the Gatliff land.  I also give to my
sons all my negroes not specially named in my will, to be divided in such
manner that my negro families may not be separate more than can be avoided,
to make my sons equal in the same, but it is to be understood that my sons
are not to have the control of the above named property during my wife's
natural life unless she should marry.
11th I also direct that all my lands not named nor spcially devised in this
will, shall be sold whenever my wife, James Roles, and John G. Manser shall
think it expedient to do so, I wish my debts, of every description including
the sales of my land to be collected and after paying my just debts and a
few special legacies to be named herafter, I wish to be disposed of as
follows "Viz" one fourth to Mary Jane Roles, one fourth to Virginia Manser,
and one fourth to my daughter Clara B. and the other fourth I give to James
Roles, and John R. Dunlap, in trust for the benefit of my daughter Elizabeth
J. Saunders, and her children and I further desire that the said Roles and
Dunlap will expend the said money in the education of the children aforesaid
or for the support of my daughter as they may think best.
12th I give and bequeath to Mary B. Peters during her natural life one negro
girl named Elizabeth, after the death of the said Mary B. Peters I desire
that this said negro with her increase (if any) may descend to my son Loammi L.
13th Bequeath Robert Scott of Raleigh County, Virginia, Three hundred
dollars in cash bonds to be paid when it may suit the conveniences of my
executors.
14th I give to William A. Shannon of the state of Indiana a claim on Henry
White of said state for two hundred dollars provided that the said claim can
be collected, If it cannot be collected then I desire that my exectors may
pay the said Shannon the sum of Two hundred dollars, as soon as it may suit
their convenience.
15th It is my desire that if my son Conrad B. Pack; should marry Miss Lee
Saunders (sister of Robert W. Saunders) that in that event, I give him a
young bay horse, saddle and bridle which is all I give him or intend for him
to have of my estate.
  I desire that in the event that my wife cannot control my sons, that my
executors have the power to rent out my land and hire out my negroes, until
my youngest son is twenty-one years old, and that the proceeds go to the
support of my wife, and the education of my children, and I do hereby
nominate and appoint John R. Dunlap and James Roles to be exectuor of this
my last will and testament.
In witness whereof, I the said testator Anderson Pack have signed and sealed
this the 18th day of February, 1858.
Signed sealed and delivered                              Anderson Pack (S.S.)
in the presence of,
G. L. Jordan
J. t. Jordan
John Lane
Joe Farley                                          
Virginia. At Mercer Circuit Court
                                                           April Term 1858

This last will and testament of Anderson Pack, Deceased, was proven by the
oaths of Gordon L. Jordan, Joseph T. Jordan and Joe Farley three of the
subscribing witnesses thereto and is ordered to be recorded.  And on motion
of John R. Dunlap and James Roles the executors therein named who made oath
thereto and together with Madison Karnes, Henry Karnes, Harrison Robinson,
Archibald Pack, Geo. W. Pearis James W. Bailey and Elliott Vawter their
sucurities entered into and acknowledged their bond in the penalty of
$10,000 conditioned as the law directs, certificate is granted them for
obtaining a probate of the said will in due form.
                                                    Test. Wm. A. Mahood, C.

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