Copy of Will, Kemp P. Elliott, 1837 December 18

Dublin Core

Title

Copy of Will, Kemp P. Elliott, 1837 December 18

Subject

Estates (Law)--Virginia
Wills--Virginia--York County.
Decedents' family maintenance--Virginia.
Distribution of decedents' estates--Virginia.
Attorney and client--Virginia.
Slavery--Virginia--History--19th century.
Slavery--Virginia--Tidewater (Region)--History--19th century.
African Americans--Virginia--Tidewater (Region).

Description

A copy of the will of Kemp P. Elliott, 4 pages. This is the first appearance of an enslaved woman named Mary Ann, who appears in later documents. Quite fragile and splitting at the folds.

Creator

Elliott, Kemp P.

Publisher

Special Collections, John D. Rockefeller Jr. Library, Colonial Williamsburg Foundation

Date

1837 December 18

Format

jpeg

Type

Text

Identifier

MS1989.25.1

Document Item Type Metadata

Text

Page 1

I Kemp P. Elliott of the County of York and the state of Virginia
do make and ordain this to be my last will and testament in manner
anoform, following unless I should see cause to make another, to wit;
My desire is that my Executor settle up all my public business;
that he sell off the perishable part of my estate and pay my debts.
My further desire is that my wife have the benefit of the whole of
my Estate Real and personal so long as she remains my widow.
If she should marry, that the property which I now hold (to keep)
as left me by my Father should go to my Sister Polly Minson's
children.

The Plantation whereon I now live, purchased of Garrett together
with the Negroes which I now hold that came by my wife, also
the woman Comfort and Girl Mary Ann and the interest I have
in those suits now in the Chancery Court, all I can to my wife
during her life and at her death, my will is that the plantation
that I loaned her and the woman Comfort and Girl Mary Ann
with their increase, if she have any, go to my sister Polly Minson's
children. The rest of the property mentioned on the loan above
I give to my wife to do as she please with – My decree is that
my friend Frederick B. Power act as my Executor to carry into
effect this will. Also that he take special care of my wife,
advising her whether she better keep house or not, and if she
concludes to do so, see that she is not treated amiss by my neigh-
=bours and that the Negroes she may keep with her be obedient
+c. For his trouble that he charge satisfactory compensation
and that the Court allow his charge. Written by myself and
acknowledged to be my deliberate act and deed.
September the 18th 1832. Kemp P. Elliott (seal)

At a court held for York County the 18th day of December
1837. This paper purporting to be the last will and
testament of Kemp P. Elliott decd was produced in Court by
Frederick B. Power the Executor therein named for proof and
Robert McCandish and Samuel Shield being sworn deposed that
they are well acquainted with the hand writing of the Testator
having frequently seen him write and verily believe that the
said will together with the signatures to the same subscribed
was wholly written by him. Whereupon the same was ordered to be
recorded

Page 2

and recorded. And Certificate for ordering a Probat thereof
in due form was granted to the said Executor for having made
oath to the said Will according to Law and together with
Thomas P Chisman and Samuel S. Howard his Security
(unclear) into and acknowledged their bond in the penalty of
ten thousand Dollars conditioned as the Law directs.

Teste Sam. Shield cyc
Copy Teste Sam. Shield cyc

(Page 3 Blank)

Page 4

Mrs Elizabeth Elliott
Warwick Cty

Citation

Elliott, Kemp P. , “Copy of Will, Kemp P. Elliott, 1837 December 18,” John D. Rockefeller Jr. Library, Colonial Williamsburg Foundation, accessed December 7, 2022, https://rocklib.omeka.net/items/show/751.