Charles Foster's last will and testament
Patrick County, Virginia, written Dec. 20, 1837
(pg. 1, Will Book of Patrick County)
I Charles Foster Sr of the County of Patrick & State of Virginia do hereby make my last Will and testament in manner and form following that is to say 1st I desire that all my just debts be paid out of my perishable estate, fit be necessary by an immediate sale of as much hereof as will be sufficient for the purposes aforesaid. 2nd after the payment of my debts and funeral expenses I give to my wife Polly Foster one third part of my estate both real and personal for and during her natural life and after her death I give the same to my chldren herin after named to be enjoyed by them forever. 3rd I desire that the tract of land whereon I now live may be held & used exclusively by my three children Abraham Larvenia and Martha whillst they think proper to remain on the same reserving the one third part of the said tract of land for the benefit and support of my wife Polly Foster - during her natural life with this understanding that my Executors herein after named may at any time at the request of my wife Polly Foster and my three children Abraham Livenia and Martha sell and dispose of the aforesaid tract of land upon such terms as they deem most advisable and divide the proceeds of said sale equally between my four children Abraham Luvenia Lucinda & Martha reserving the one third part of the proceeds of sale for the benefit and use of my wife Polly Foster. 4th I give to my grandson John Abraham Tatum the negroe woman Mary and her child Leash both now in the possession of Edward Tatum to my said Grandson John Abram Foster to him and his heirs forever. 5th I give to my four children Abram Luvenia Lucinda & Martha all the rest of my estate of what nature or kind soever with this condition tho that my daughter Lucinda or her husband George C. Dodson shall account in said division for what I have already given them in advance. 6th I hereby expressly exclude from this my last will and testament all the children by my first wife having heretofore given to them in land and slaves what I deemed them justly entitled to and lastly I do hereby constitute and appoint my friends Greensville Penn and Thomas Penn executors of this my last will and testament hereby revoking all other or former wills or testaments by me made. In witness whereof I have hereunto set my hand and affixed my seal this 20th day of December 1837.
Signed Sealed published & declared by Charles Foster Sr as and for the last will and testament in the presense of us who at his request and in his presence subscribed our names as witnesses.
Charles Foster (seal)
Clarke P Atkison
Patrick February Court 1838
The last will and testament of Charles Foster decd was presented in Court proved by the oaths of two of the subscribing witnesses thereto and ordered to be recorded and on motion of Thomas Penn and Greensville Penn the executors therein named who made oath thereto and together with Abram Staples and Jacob Clark their securities entered into and acknowledged a bond in the penalty of twelve thousand dollars and certificate is granted them for obtaining a probat of the said will in due form.
A Staples ck
Patrick March Court 1842
Inventory of the Property of Chas. Foster dec'd
An inventory of the personal property belonging to the Estate of Charles Foster dcd taken 23rd March 1838
250.00 1 Negro Woman (Butuna) 500.00 1 Negro Woman (Virgin and child) 600.00 1 Negro Man (Warner) 650.00 1 Negro Man (William) 700.00 1 Negro Man (Charles) 650.00 1 Negro Boy (Frank) 550.00 1 Negro Boy (Brill) 575.00 1 Negro Boy (John) 500.00 1 Negro Boy (Preston) 300.00 1 Negro Boy (Reid) 325.00 1 Negro Girl (Jane) 325.00 1 Negro Girl (Frances) 325.00 1 Negro Girl (Harriet) 175.00 1 Cupboard and furniture 5.00 1 Folding Lath 3.50 2 ? Waters .50 1 Dressing Table 1.00 1 Clock 7.50 12 Split bottom chairs 6.00 1 Black Walnut Bureau 10.00 1 Lot of Books 4.00 1 Large family Bible 2.00 1 Old Rifle Gun 4.00 1 Feather Bed & furniture 25.00 1 Do Do Do 10.00 1 Do Do Do 17.00 1 Do Do Do 19.00 1 Do Do Do 15.00 1 Brass Candle Stick .37 1/2 1 Shovel .25 1 Walnut chest 2.50 1 Old Looking Glass .20 3 white figured counterpins 15.00 1 old coverlet .87 1/2 1 old candlestand & 2 old covered trunks 1.12 1/2 1 loom and 2 cortin wheels 4.50 1 flax wheel 3.00 1 lot hogshead 1.00 1 pr. old stillards .50 1 lot of pots ovens & lids 6.50 1 large kettle 4.50 1 lot Kitchen furniture 1.25 2 flat irons 1.50 1 lot of knives & forks 1.25 1 lot water vessels & churn 2.00 7 wire sieve .25 2 old Rug hooks 1.50 1 lot crockery ware old 1.50 1 Large Stone Jug .50 1 Lot shovel ploughs and swing letrus? 8.50 1 Lot old turning ploughs & old Coultir? 1.25 1 Large Turning Plough & big swinglatree? 5.50 1 old steel trunk .75 1 Lot coopers tools 2.00 1 Lot plantation utensils 13.00 1 Iron wedges .50 1 Old Grindstone .50 1 lot gear 3.00 3 bee hives 6.00 1 old saddle .50 1 old cutting knife 1.00 1 lot rye 5.00 1 ox team 7.50 1 yoke large oxen 40.00 1 Lick Chain 2.00 1 lot of stock hogs 50.00 1 dark sorrel mare 20.00 1 Bright do do 50.00 1 chickasaw do 35.00 1 yearling colt 15.00 1 yoke of young oxen 16.00 1 lot leaf tobacco 75.00 1 pided milch cow & calf 15.00 1 Brindle do do 12.00 1 Blacke pied do do 18.00 1 speckled cow & young calf 10.00 1 hiefer 12.00 1 wheat fan 20.00 2 sythes & cradles 5.00 ------ 6690.79 1/2
In obedience to a order of Court H. to the undersigned comps directed we have complyed with the same to the best of our Judgement H. first thing qualifyed according to Law
Jno G Lev
Notes: Patrick County Virginia was incorporate out of Henry Co. in 1791. This will is the first recorded in the records of the county.
Jas Penn is probably James Penn, Charles Foster's brother-in-law. F.Critz is probably Fredrick Critz, uncle of Mary Jane Critz. She married Charles' oldest son, Abram Penn Foster, almost exactly one year later after this will was written.
18 Sept. 2004