Will of Peter Light ANDERSON, 1859-1861

The Will of Peter Light ANDERSON of Greenbrier County and unusual action by his widow, Rebecca (FLACK).

I, Peter L. ANDERSON being of sound and disposing mind do make this to be my last will and testament as follows: that is to say:

First I give and bequeath to my dear wife Rebecca in testimony of my sincere regard and affection for her, all my household & kitchen furniture during her natural life,

Secondly I give and bequeath to my son John the plantation on which I now reside, during the natural life of my wife Rebecca with the understanding and expectation that my said wife will remain on said premises with my said son John and further that she is to be well taken care of & provided for by my son John with all the necessary comforts of life. And after her decease I desire that all my real estate including the home plantation shall be sold by my executors on a credit of six, twelve and eighteen months, I devise that all my personal estate on hand at my death not disposed of by will or other wise be sold by my executors and out of the proceeds of sale first pay to my son Samuel one hundred & twenty five dollars, and to my son George one hundred dollars, which amounts are to be paid of first moneys collected on sale of lands, residue of funds arising from sale of real & personal estate to be equally divided between my children to wit: Elizabeth, Joseph, Peter, George, Jane, Ann, Nancy, Samuel, Susan and John,

Thirdly, I give to my son John one bay mare, one yearling heifer, 3 plows, 1 ax, mattock and 1 sprouting hoe, five corn hoes, one harrow, log chain, iron wedge, two setts gear, carry all or a two horse waggin (whichever he may elect), one cow and all the hogs on the plantation or belonging to me at my decease, to him and his heirs forever,

Fourth, All the interest arising from the sale of real & personal estate which may accrue to my daughter Elizabeth MATICS wife of Thomas Matics I devise to be held in trust by John LIPPS, Joseph ANDERSON and George W. ANDERSON, for the sole use and benefit of the said Elizabeth MATICS, during her natural life free from any liability to the creditors of Thomas Matics her husband and in the event of the death of the said Elizabeth MATICS before the death of her husband the said Thomas MATICS, the said John LIPPS, Joseph ANDERSON & G. W. ANDERSON shall hold the said property for the sole and separate use of the children of said Elizabeth MATICS, should my said daughter Elizabeth survive her husband (-----illegible-----) that any (remainder?) of real & personal estate or the funds arising from sale of same, not appropriated by the aforesaid trustees, shall be absolutely vested in her, to dispose of as she may seem expedient - and further should her condition (require?) and during the life time of her husband, the said trustees are not to confine themselves to the interest of her portion alone but shall make such advancements as they may think her necessities may require.

Fifth, All the interest devised to my daughter Nancy SPAR arising from real or personal estate, is to be for the sole use and benefit of the said Nancy SPAR during her natural life free from any liability to the creditors of John SPAR her husband and at her death said property or proceeds thereof is for the sole use and benefit of the children of the said Nancy SPAR. The cooking stove at the death of my wife is to be passed over to my daughter Nancy,

Sixth, All the estate devised to Susan HINKLE or interest arising from sales of real or personal estate is to be for the sole use and benefit of my daughter the said Susan HINKLE during her natural life free from any liability to the creditors of James HINKLE her husband before the death of her husband the said HINKLE,

And I do hereby appoint my son-in-law John LIPPS and my sons Joseph ANDERSON & George ANDERSON to be my executors of this my last will and testament,

In witness whereof I the said testator Peter ANDERSON have to this my last will & testament, set my hand and seal this 23 day of January in the year 1858
(signed) Peter L. ANDERSON (seal)

Signed, sealed, published and declared by the testator Peter ANDERSON as and for his last will & testament in the presence of us, who in his presence at his request and in the presence of each other, have here unto subscribed our names as witnesses
(signed) Jack MCPHERSON
(signed) W. C. WOODSON

I, Peter L. ANDERSON of the County of Greenbrier make the following codicil to my foregoing will. Any interest in real or personal estate devised to my daughters Jane LIPPS & Ann DARING I desire to be held by my sons Joseph & George ANDERSON as trustees for the separate use & benefit of my said daughters Jane & Ann & their heirs, which interest I desire to be held the same manner as held by them for my daughters Elizabeth MATTICS, Jane SPAR & Susan HINKLE, also I or what I have devised in my fore going to will to my sons Joseph, George, Samuel, John & Peter. I give to them during their natural lives & at their death to go to their legal heirs. Windmill belonging to my son Joseph and myself to be kept for the use of both plantations as heretofore. I hereby appoint Joseph ANDERSON and George W. ANDERSON my sons executors of this my last will & testament revoking the power hereby vested in John LIPPS as executor and trustee, and vesting said powers as Executors and Trustees in my sons Joseph & George.

Given under my hand and seal this 9 day of August 1859. (signed) Peter L. ANDERSON (seal) Signed, sealed, & acknowledged in the presence of the two subscribing witnesses
Jack MCPHERSON
John H. MCPHERSON

(Note: Peter Light ANDERSON died January 29, 1861)

Greenbrier County Court February Term 1861

A paper purporting to be the last Will & Testament of Peter ANDERSON Dec’d with a codicil thereto attached was produced in Court and proved by the subscribing witnesses thereto and ordered to be recorded - On motion of Joseph ANDERSON & George W. ANDERSON the executors named in the will of Peter L. ANDERSON dec’d who made oath thereto and together with John LIPPS their security entered into & acknowledged a bond in the penalty of $8000. Conditioned as the law requires, Certificate is granted the said executors for obtaining letters probate of said Will in due form.

Rebecca ANDERSON widow & relict of Peter L. ANDERSON dec’d this day appeared in Court, and declared that she will not take or accept the provision made for her by the will of her late husband (which will was proven & admitted to Probate on yesterday) and renounced all benefit which she might claim by the said Will,
Teste (signed) Joel MCPHERSON, Clk

Disposition of the Estate Whereas Peter L. ANDERSON Sr. deceased did by his last will and testament direct his lands to be sold and the proceeds thereof to be equally divided amongst his children. Subject however to a provision in said will for the maintenance of the widow.

And whereas Rebecca ANDERSON the said widow did renounce the provisions of the said will so far as she was interested and had the one third part of said lands assigned to her as, and for her dower, And John L. ANDERSON (one of the children) in consideration of Lands conveyed to him by the said Peter L. ANDERSON, after the date of the will and before his death, relinquishes all right to further participation in the estate,

And whereas the other Nine Legatees did on the 7th day of June 1869 enter into a written agreement by which they agreed to take the lands themselves and divide the same equally according to quantity and quality, The said widow also agreeing in the same instrument to permit the lands to be divided inclusive of her dower, the said nine children agreeing to provide for her a support,

And Whereas William White surveyor of the county did at the (insternes?) and request of the nine parties go upon the said lands and divide the same into Nine lots as follows:

(Note: Survey descriptions are omitted from this transcription)

Lot No One containing Three and one half acres and seventy one poles
Lot No Two containing Twenty eight acres
Lot No Three containing Thirty seven acres
Lot No Four containing Thirty six acres
Lot No Five containing Thirty two acres
Lot No Six containing Thirty eight and one half acres
Lot No Seven containing Thirty six acres
Lot No. Eight containing Twenty three and one half acres
Lot No Nine containing Twenty three and one half acres

And Whereas, after the lands had been thus divided and each of the legatees had (drawn) his or her lot, it appeared, that Joseph ANDERSON had drawn Lot No. 1, Peter L. ANDERSON, Jr. No. 2, Samuel B. ANDERSON No. 3, Nancy, wife of John SPARR No 4, Ann DARING No 5, Children of George W. ANDERSON by their guardian No 6, Mary J., wife of John LIPPS No 7, Susan wife of James HINKLE No 8, and Elizabeth, wife of Thomas MATICS No 9.

Now Then Therefore

This deed of partition Made and entered into this 7th of July 1871 between the said legatees Witnesseth:

That Thomas MATICS and Elizabeth his wife, Peter L. ANDERSON and Mary his wife, John LIPPS and Mary J. his wife, Ann DARING, John SPARR & Nancy his wife, Samuel B. ANDERSON and Esther C. his wife and James HINKLE and Susan his wife for and in consideration of the premises and the further consideration of one dollar to them in hand paid by Joseph ANDERSON do hereby convey to the said Lot No 1. (Note: Repeated 8 times for respective lots)

The records for this work have been submitted by Carolyn (ANDERSON) Clark EMAIL: Copyright 1999