Person:Joseph Cloyd (11)

Will Transcript

Joseph Cloyd's Will

I Joseph Cloyd of Rockbridge make this my last Will & Testament. It is my desire that after my death my executor hereafter named shall out of my personal estate pall all my just debts and funeral expenses.

I give and bequeath to Joseph Cloyd Houston, son of David G. Houston, that tract of land which formerly belonged to David Cloyd, excepting the portion in wood lying between the Carrick place and Waskeys and the great road, together with the household furniture.

I give and bequeath all my real and personal estate remaining, unless hereafter particularly mentioned and disposed of unto the children and grand-children of my desceased sister Martha Houston to be divided in six equal parts (to Wit:) David G. Houston one, Matthew L.S.? Houston one, Cynthia M.G. Houston one, Edw. T sd?. McEwen one, John Garth and Matthew Garth, sons of Emily Garth and the children of Andrew Cloyd Houston one part, to them and their assigns forever.

And as this last bequest consist of several tracts of land besides other real and personal property which would under it not only inconvenient but impracticable to divide, therefore I authorize my executors to sell all of any portion of the property that they or hr? my find it necessary to enable them to do so, except the James River and Kanawha stock. This they will not sell unless greatly enhanced in value for ten years.

and as some of the legatees are not of age to transact their own business to prevent delay in settling the same their parents or Guardians or other persons lawfully authorized to manage their estate shall act for them & receive and receipt to the executors as if they had done it in their proper person.

This above discretionary clause does not include the children of A.C. Houston for them, the executors will retain and lay out their portion whenever they may deem necessary for the benefit of the children.

It is my desire further that for the support and education of A.C. Houston's children one thousand dollars be retained by the executors to be expensed by them and that may as they may consider judicious.

If not given before hand I wish the land or the procedes thereof of a tract in Illinois (160 acres) to go to the children of Romain F. Houston.

I desire that my executors shall not pay interest on any funds until they may have two years for settling up and on that going to the children of A.C. Houston they will be considered as their Guardians and pay no interest till spent as designated.

As there are many bonds amongst these I hold which I consider doubtfull whether any part can be collected, it is my wish that the appraisers of my estate should select all considered doubtful the executors to ledd? these as other portions of the estate, but not to account for them in their settlements.

I wish suitable grave-stones erected over five graves at High Ridge out of my estate, that is Matthew Houston & wife, my two wifes and my own.

I do hereby constitute and appoint David G. Houston and Joseph C. Houston my executors to carry out their provisions of this my Will.

In witness whereof I hereunto affix my hand and seal this 5th day of Feby. 1848.

[Signed] Jo. Cloyd [Seal]

Test:

William P. Arnold, Thomas Wilson, William Moffett, Wm. Pettigrew

At Rockbridge County court March 6th 1848

The last Will and Testament of Joseph Cloyd deceased was produced in Court, proved by the oaths of William P. Arnold, Thomas Wilson and William Moffett, three of the subscribing witnesses thereto, and ordered to be recorded. And on the motion of David G. Houston, one of the executors named in said will, who made oath thereto, and together with William Moffett, William P. Arnold, William Shields and Shanklin McClintic, his securities, entered into and acknowledged a bond in the penalty of forty thousand dollars conditioned according to law, certificate was granted him to obtain a probat of and Will in due form. And card? reserved, to the other executor to qualify and give security thereafter.

1.   Find A Grave.

   Joseph Cloyd
   BIRTH
   1788
   DEATH
   12 Feb 1848 (aged 59–60)
   BURIAL
   High Bridge Presbyterian Church Cemetery
   Natural Bridge, Rockbridge County, Virginia, USA
   
   https://www.findagrave.com/memorial/68992239/joseph-cloyd

2.   Virginia, U.S., Wills and Probate Records, 1652-1900.

   Name: Joseph Cloyd
   Residence Date: Abt 1848
   Residence Place: Rockbridge
   Will Date: 5 Feb 1848
   Probate Date: 5 Feb 1848
   Probate Place: Rockbridge, Virginia, USA
   Inferred Death Year: 1848
   Inferred Death Place: Virginia, USA
   Item Description: Will Books, Vol 10-11, 1843-1851
   Others Listed (Name) Relationship
   Joseph Cloyd Testator
   Martha Houston Sister