Estate of Charles Hume, Culpeper, Virginia

Charles Hume died in Madison County, Virginia, but his heirs filed suit against his executors in Culpeper County, Virginia. The complete case file is available on the Library of Virginia's website, in its Chancery Records Collection, Chancery Records Index Number 1836-005, at this link [1]

Will of Charles Hume

In the name of God Amen. I charles Hume of the County of Madison and State of Virginia, being of sound mind and disposing memory and knowing the certainty of death and the uncertainty of life, do hereby declare thef ollowing to be my last will and testament.

Item. It is my will and desire that my Executors herein after named (or those who may act) so soon after my death as may be convenient, do expose to sale the whole of my personal and real estate, not herein after particularly willed and away upon a credit of twelve months, the purchaser or purchasers giving bond and good security for the same, and the money arising from the sale of said property, after the payment of all my just debts to be equally divided among all of my children and grand children, upon the following terms, limitations and conditions to wit: to Henry F. Hume's children to his part after charging his share with the sum of one thousand eighty three dollars and eighty seven cents, that being the amount heretofore advanced their Father in his life time. To Polly Simpson after charging her share with the sum of fife hundred and forty nine dollars and ninety seven cents, that being the sum heretofore advanced by me to her. To Maria S. William and Elizabeth Taylor, children of Elizabeth Taylor late Elizabeth Simpson dec'd, their mother's share to be equally divided among g them after charging her share with the sum of sixteen hundred and fifty dollars, that being the sum heretofore advanced by me to her. To John M. Hume after charging his share with the sum of eight hundred and forty five dollars, that being the amount heretofore advanced by me to him. To Newton Hume after charging his share with the sum of six hundred dollars, that being the amount heretofore advanced by me to him. To James, Alfred, Jane and Harrriett Hume to each one full share upon condition that if I should make either of them an advancement between this time and the date of my death, his or her part is to be charged in like manner and the amount may be ascertained by a schedule in my own handwriting and hereto annexd to this will or enclosed therein. It is my last will and desire that my four last named children so soon after my death, the sale of the property and the collection of the money, that they receive in the first instance the full amount of the advances heretofore referred to my eldest children, and then the balance, if any, to be divided aseherein before directed giving the preference to those ho have received the smallest amount heretofore.

Item. I lend to my beloved wife Elizabeth Hume during her natural life or widowhood in lieu of her right of dower in my said estate, the tract of land on which I now live containing by estimation about three hundred and sixty acres be the same more or less. I also lend to my said wife during her natural life or widowhood the following negroes to wit Eliot, Linda his wife, Bevrly, Mary called Bank's Mary, Isaac son to said Mary, and frances, and the increase of the females until the death of my said wife from the date hereof. I also lend to my said wife Harry his wife Sill.

Item. I also lend to my said wife during her natural life or widowhood a sufficiency of household and kitchen furniture, plantation utensils, one still, hogsheads and tight casks. I also lend to m said wife upon the same conditions as may be sufficient, horses, cows, hogs and sheep; also I give to my said wife a sufficiency out of my crop on hand or growing at the time of my death of corn, wheat, rye, oats, pork, beef, hay & fodder, and also seed wheat & rye for that year for one year from and after the sale of the property not herein particularly willed away, which said provisions are intended for the use of my said wife and family, and to be judged aof ass to quantify in each case by my Executors herein after named or those who may act, and my said wife, and in case of disagreement then to be left to any two or three intelligent and disinterested house keepers as may be agreed upon by the parties whose decision shall be final.

It is my will and desire that my two daughters, Jane and Harriot shall remain with their mother until they attain the age of twenty-one years or get married and to be supported and maintained from the profits of the land in the same manner as if I were a liing.

Item. I give and bequeath to my son Alfred Hume one negroe boy called Thornton to him and his heirs and assigns forever.

Item. I give and bequeath to my daughter Jane Hume two negroe girls named Mary daughter to Rachel & Hanah and their increase from the date hereof, to her, her heirs and assigns forever.

Item. I give and bequeath to my daughter Harriot Hume, Anna and Delia and their increase from the date hereof to her, her heirs and assigns forever.

Item. It is my last will and desire that if any of the negroes herein particularly willed away should die or become disabled then the value to be made up out of my said estate.

Item It is my will and desire that at whatever period of the year my death may take place the whole of the crop then growing on the land which shall be considered as assets in the hands of my executors subject to debts, legacies and distribution except the part which may be assigned to my said wife.

It is also my will and desire tthat the whole of the property both real and personal herein loaned to my said wife shall after her death be sold by my executors herein after named or those who may act, upon a credit of twelve months, the purchaser r purchasers giving bond and good security for the same, and the money arising from the sale of said property to be equally divided among all my childrento wit, to Henry F. Hume's children his one share in equal proportions; to Elizabeth Taylor's late Elizabeth Simpson deceased three children her one share in equal proportions; to Polly Simpson, John M. Hume, Newton Hume, James Hume, Alfred Hume, Jane Hume and Harriet Hume, to them, their heirs and assigns forever. Provided nevertheless, it is especially my will and desire that my executors herein after named or those who may act after the death of my said wife shall sell the tract of land herein loaned to her during her natural life or widowhood upon a credit of three equal annual payments, taking good security for the several payments thereof by way of deed of trust, mortgage or personal security.

I do hereby ordain, constitute and appoint Linn Banks, John N. Hume, Newton Hume and James Hume Executors to this my last will and testament; anone or more of whom may act. I do hereby revoke and annul all wills by me heretofore made declaring this to be my only last will and testament. In testimony whereof I have hereunto subscribed my name and affixed my seal this 29th day of March in the year eighteen hundred and thirty Charles Hume.

Acknowledged In presence of William Early and Francis Kirtley

Will Proved

At a Court held for Madison County on the 28th day of July 1831. The last will and testament of Charles Hume deceased was produced into court and proved by the oaths of William Early and Francis Kirtley witneses thereto and ordered to be recorded.

And on the motion of Linn Banks and james Hume Executors therein named, who made oath thereto and entered into bond and security according to law, certificate of probate thereof in due form is granted them.

I do hereby ordain, constitute and appoint Sinn Banks, John N. Hume, Newton Hume

Memorandum of Advances Made

Attached to the will is an accounting of the advances made to the various children. The chancery case in which this will copy was found indicates the children argued over gifts that Charles Hume gave children that were not included in this accounting. The amounts to be deducted from the various shares are:

Henry F. Hume, share to be reduced by $1080.87 Poly Simpson's share to be reduced by $549.97 Elizabeth Taylor's share to be reduced by $1650.00 John N. Hume's share to be reduced by $845.00 Newton Hume's share to be reduced by $600.00