Person:Joseph Price (41)

Will Abstract

Will of Joseph Price of the parish of Littleton and county of Cumberland.

"I give and bequeath to my son Edmund Price and his heirs my tract of land on teh lower side of Willis creek in said county containing two hundred and fifty acres be the same more or less whereon my said son now lives. I also give him my clock."

"I give and devise to my son Joseph Shores Price the land and plantation whereon he now live containing two hundred and sixty acres be the same more or less to him and his hairs after the death or future marriages of my wife. I also give him my steel mill".

"I give and devise to my grandson Joseph Flippin and his heirs one tract of land supposed about eight acres adjoining his own land and bounded to wit: beginning at two red Oaks in his line thence along a line of marked trees to little CatTail branch At the mouth of John Price's spring branch thence down Cat Tail branch as it meanders to a small White Oak corner near the branch thence along a line of marked trees to a corner painters in the line between his and my land thence along his line to the beginning to the same more or less than eight acres and is part of my upper tract of land whereon my son John lives."

"I give and devise to my son John Price (after the death or future marriage of my wife) and his heirs the residue of the said upper tract of land in Cumberland county whereon he now lives containing four hundred and seventy two acres be the same more or less. I also give my son John my wheat mill or _an."

"I give and bequeath to my granddaughter Sukey Price daughter of my daughter Hannet Armistead one negro girl named Sarah provided the said Sukey shall continue to dwell with my wife until she shall arrive to the age of eighteen years or be married if the said wife shall so long live and in the meantime I give the labour and profits of the said negro to be applied to the support of the said Sukey and if the said Sukey shall decline or refuse to live with my said wife in the same aforeward then the said negro to be disposed of in the same manner as the residue of my estate hereafter."

"I lend to my wife Ann Price during here natural life or widdowhood the tract of land and plantation whereon I now live also the land and plantation whereon my son John now lives and also the residue of my slaves and personal estate and after the death future marriage of my said wife I give the said slaves and personal estate to her as follows.

"i give to my grandsons Joseph sons of my sons Joseph Shores and Edmund and to my son John which shall be named Joseph each one young negro boy above ten year old to be delivered to each grandsons father for his use and I desire that each of my shall choose such negro for his son according to his age the eldest to choose first. All the residue of my said slaves and their increase and personal estate in ___ my wife I will and desire to be divided in five equal parts or portions one equal part as per of which I lend the use of my daughter Mary Flippen during her naturel life and at her decease I give the said slaves and other estate to lend her to be equally divided among such child or children or the legal representatives of such as she shall leave at the time of her death (except for her son Joseph Flippen and his representatives unless my said daughter shall leave no other child or children of their appurtenances at the time of her death)."

"And one other equal fifth part of portion of which slaves and personal estate I lendt to each of my daughters Elizabeth Rowton, Ann Thomas, Judith Gunter and Sar(ah) Palmore each during her natural life and after the decease of each of my said daughters ~ I give the said slaves and personal estate so lent her to be equally divided among said child or children or the legal representatives of such as she shall leave at the time of her death. But if my son-in-law Phinehas Thomas shall be alive at the time my wife shall have a right to receive the estate lent her it is my will that before such as shall be delivered the said Phinehas shall give bond with sufficient security to my executors with condition for delivering the same to my executors if he shall be alive at the deceased of his said wife but the profits of the same shall until such security is given be applied towards the support of his said wife and her children."

"If any of my said daughters shall die leaving no child or children of the legal representatives of such it is my will and desire that the estate so lent her or them so dying be equally divided and lent to the survivors of my said daughters Mary, Elizabeth, Ann, Judith and Sarah and to pass? in the same manner as the other estates lent to them."

"I desire that my friends George Carrington, Samuel Taylor and George Carrington junr. so divide my slaves according to quality and quantity and personal estate as is before directed and if it shall happen that any of my said friends shall die before such division then I desire that the survivors or survivor of them my said friends do make choice of some person or persons in the room of him or them deed to assist in making the said division and I give to the persons who shall act and assist in making the division the sum of five pounds each."

"I appoint my friends Samuel Taylor and George Carrington junr. and my son Joseph Shores Price executors of this my last will and Testament declaring this and no other to be my last will and testament."

"I am informed that my son in law Phinehas Thomas has said he intended after my death to claim a part of my estate under some pretended promise bond or otherwise tho I don't know that ever any such promise or bond or any contract was ever entered into by me to entitle him to any part of my estate. It is my will that if the said Phinehas shall under such pretence recover any part of my estate so much as he shall recover shall be considered as part of what I have lent or given his wife and children."

"In witness whereof I have hereto set my hand and seal the twenty third day of October one thousand seven hundred and seventy nine.

[Signed] Joseph Price [his mark]

Signed sealed published and declared by the said Joseph Price as and for his last will and testament in presence of us the subscribers who in his presence and at his request subscribe as witnesses:

Drury Woodson, Lucy Woodson, Richard Blanks, G. Carrington jr.

I Joseph Price having made my last will and testament dated the twenty third day of October one thousand seven hundred and seventy nine on this sheet of paper ___ do think proper to make some altercation therein ~ I give to my friend George Carrington junior of the long Falls my clock instead of to my son Edmund as in my last will is given Witness my hand the eleventh day of January one thousand seven hundred and eighty two.

[Signed] Joseph Price [His Mark]

Witness: Jos. Carrington, Theodosia Carrington, George Carrington

I Joseph Price of the county of Cumberland having made my last will and testament dated the twenty third day of October one thousand seven hundred and seventy nine wrote on this sheet of paper do find it necessary to make the following amendment ~ Whereas I am informed several of my sons in law have declared they will claim part of my estate under pretence of promises, bonds or contracts in their favour by me heretofore made I do not recollect ever to have made any promise bond or contract which could entitle my said sons in law or any of my Daughters or any of them to demand any part of my estate. It is my will and direction that if my said sons in law and daughters or any of them under any such pretence of any pretence whatsoever recover any part of my estate is much as he she or they shall so recover shall be taken out of that part of my estate lent or given or intended to be lent or given in my said will to the wives of such sons in law or to such daughters and their children respectively.

Witness my hand and seal the fifteenth day of January one thousand seven hundred and eighty three.

[Signed] Joseph Price [His Mark]

Witnesses present: Samuel Atkinson, Samuel Atkinson?, G. Carrington jr.

At a Court held for Cumberland County 28th April 1783.

This last will and testament of Joseph Price deceased was exhibited in Court by George Carrington junior one of the executors therein named the first part proved by Drury Woodson a witness thereto the second part proved by Joseph Carrington a witness thereto and the third part proved by Samuel Atkenson and Samuel Atkenson two of the witnesses thereto and ordered to be recorded and at a court continued and held for the said county the 29th April 1783 on the motion of the said executor who made oath according to law certificate was granted him for obtaining probat thereof in Due form he having with Jesse Thomas his security entered unto bond according to law and liberty or annexed to the other executors to join in probat.

Teste Georg Carrington Clk.

At a court held for Cumberland county 23rd. June 1783.

The first part of this last will and testament of Joseph Price deceased was further proved by Richard Blanks a witness thereto and ordered to be recorded.

Test: Geo. Carrington jr. Clk.

Estate Disputes

Cumberland August Court 1789

Phineas Thomas & Ann his wife, Plaintiffs

Against

Anne Price widow and relict of Joseph Price Deceased, Joseph Shores Price heir and Executor of the decendant, Edmund Price, William Routon and Elizabeth his wife, Thomas Gunter & Judith his wife, Joseph Palmore and Sarah his wife, Joseph Carrington, Edward Carrington, Mayo Carrington & John Bernard Executors of George Carrington deceased who was Executor of Joseph Price deceased (and Samuel Taylor also Executor), Mary Flippin, Francis Armistead & Hanna his wife & John Price, Defendants.

The Commissioners to whom this cause was refered by a decretal? Order of this Court made the 27th day of May 1789 this day made their report in the following words to wit:

We the Auditors appointed by the decree of Worthippful Court of Cumberland in chancery to settle and allott to Phineas Thomas and Anne his wife such part and proportion of Joseph Price's Estate as it set forth and specified in the said decree have met at the dwelling house of the said Price on the 24th day of June 1789 and upon viewing and appraisig all the negroes there produced and from the best information of the value of those that were about we found the sum of three hundred and thirty two pounds seven shillings and four pence to be due to the said Thomas and wife and of which sum the said Thomas and wife did receive fifteen pounds sixteen shillings and sixpence at the time of their marriage and that they have since the death of the said Price received the further sum of Eighty four pounds in the hire of negroes, and we the said Auditors did this day allott set apart and deliver to the said Thomas and wife the following negroe slaves to wit: George at the price of seventy pounds, Nancy thirty five pounds, Caler fifty five pounds, John fifteen poundsw, Cinthy fifteen pounds, Casar fifteen pounds and Sam at twenty five pounds after which there remains a ballance of two pounds ten shillings and ten pence due to the said Thomas & wife which we direct should be paid them in cattle which said advance hire of negroes with their increase Ballance we do find to be the full about due the said Thomas and wife of all the negroes and personal Estate of the said Price as above staated; Except their part and proportion of what ever may be found due the said Prices Estate from the acting Executor thereof on his making up an account of his Executorship which said executors accoung or any balance due thereon was not this day taken into consideration by us Ben Wilson, W.Wilson, Wm. Powell, Cary Harrison. In confirmation whereof it is the opinion of the Court and accordingly ordered and decreed that the aforesaid allottment and division be made firm? Estable between the parties in total bar or preclusion of any further future or after claim and that the defendants pay to the plaintiffs the costs of this suit.

A Copy Teste.

Milton Woodson Clk.

Library of Virginia

John Price vs. Executors of Joseph Price, Dec'd, Cumberland County, Virginia, 1791:

Know all men by these Presents that I John Price of Cumberland County are held and firmly bound unto Joseph Palmore, Thomas Guenter and Mary Flippen of Buckingham County and William Rowton of Charlotte County and Francis Armstead of Cumberland County in the full and Just Sum of one Thousand Pounds Current money of Virginia to be paid unto the said Joseph Palmore, Thomas Gunter, Mary Flippen, William Rowton and Francis Armstead their Certain Attorney their Heirs Executors Administrators or Assigns followeth payment will and truly to be made I bind myself my heirs Executors and Admnistrators firmly by these presents Sealed with my Seals and Dated this Twenty Eight Day of November Anno Domini one Thousand seven hundred and ninety one.

Whereas a suit at law is Commenced by the aforesaid John Price against the Executors of Joseph Price Dec'd, ___ or a Negro boy left to his son by the sd. Jos. Price Dec'd and fifty Pounds Cash Reserved for the Sd. John Price by the Sd. Jos. Price Dec'd and the sd. John Price hath agreed with Joseph Palmore, Thomas Gunter, Mary Flippin, William Rowton and Francis Armstead legatees of the said Joseph Price Dec'd to Dismiss the sd. Suit and have the same left to Reference the sd. John Price to Choose one of the Referces and Francis Armstead the other and if they cannot agree for them to choose the third.

The Condition of the above obligation is such that if the above bound John Price his heirs & Shall and Do well and truly Comply with and Dismiss the sd. Suit and have the Same left to Reference as Above Receted? and Abide by the award of the sd. Referes then the above Obligation to be Void or otherwise to Remain in full force and Virtuee.

[Signed] John Price [Seal]

Signed Sealed and Delivered in presents of:

John Bradley, David Bradley, Wm. Allin.

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

   Name: Joseph Price
   Residence Date: Abt 1779
   Residence Place: Littleton Parish, Cumberland
   Will Date: 23 Oct 1779
   Probate Date: 23 Oct 1779 [s/b 28 April 1783]
   Probate Place: Cumberland, Virginia, USA
   Inferred Death Year: 1779
   Inferred Death Place: Virginia, USA
   Item Description: Will Book, Vol 1-2 1749-1792
   Others Listed Relationship
   Joseph Price Testator
   Edmund Price Son
   Joseph Shoias Price Son
   Joseph Flippin Grandson
   John Price Son
   Sukey Price Granddaughter
   Hannah Armistead Daughter
   Sarah Enslaved Person
   Ann Price Wife
   Mary Stephen Daughter
   Elizabeth Rowton Daughter
   Ann Price Daughter
   Judith Gunter Daughter
   Sar Palmore Daughter
   Phinehas Thomas Son-in-law
   George Canington Friend
   Samuel Taylor Friend

2.   Ancestry.com. Public Member Trees: (Note: not considered a reliable primary source).

   https://www.ancestry.com/family-tree/person/tree/161094821/person/432112604639/facts