PATRICK COUNTY, VA - WILLS - Estate File Of Eliphaz Shelton, 4 Jul 1818
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ESTATE FILE OF ELIPHAZ SHELTON, 1826, 1834
Patrick County, Va., Will Book 2, pp. 19, 258-259
Will Written 4 July 1818
Will probated at Patrick County August Court 1826
Account Current 30 October 1834 by Executor Harvey FITZGERALD
presented to Patrick County November Court 1834
In the name of God Amen. I Eliphaz Shelton of the County of Patrick and
state of Virginia being Sick and weak in body but of sound mind and
disposing memory for which I thank god and calling to mind the uncertainty
of human life and being desirous to dispose of all such worldly estate as it
hath pleased God to bless me with, I make this last will and testament in
the manner and form following that is to say
1st. I desire that all my Just debts to be paid.
2ndly. After the payment of my Just debts I give to my wife Ann Shelton my
tract of land I now live on, and my tract of land my Mill now stands on
being the Tract my son Archable Sheltons widow now lives on and all my
personal estate during her natural life or widowhood, and at her decease or
marriage I give the same to my children herein after mentioned eaqually to
be divided amongst them.
3rdly. I give to my daughter Hannah Shelton One equal part to her and her
heirs forever also I give to my daughter Hannah Shelton Twenty dollars
Extray for her wateing on me in my sickness.
4thly. I Give to my daughter Peany Sharp's Children one eaqual part after
Reduction of One hundred and a leven dollars for which the said Robert Sharp
has had the benefit the husband of the said Peany Sharp to them and their
heirs forever.
5thly. I Give to my son Archable's Sheltons Children one eaqual part
instead of him.
6thly. I Give to my son Clabourne Shelton One eaqual part to him and his
heirs forever also I give to my son Clabourn Shelton's wife twenty dollars
extray for wateing on me in my sickness also my son Clabourn Shelton is to
have fifty Acres of land that I sold to old Cose a free Negro to him and his
heirs forever.
7thly I Give to my son Frederick Shelton's Children one eaqual part instead
of him after Reduction of Forty eight dollars to them and their heirs
forever.
8thly. I give to my son inlaw Francis Nowling one eaqual part to him and
his heirs forever.
9thly. I give to my daughter Nancy Newman and so inlaw Elam Newman Two
eaqual parts to him and his heirs forever als it is my wish and desire that
the said Elam Newman my son inlaw should have the liberty of Purching of his
improvements as a legatee.
10thly. I give to my daughter Olive Nowling and my son inlaw Samuel Nowling
one eaqual part to them and theirs forever.
11thly - I give to my son Hudson Shelton one eaqual part to him and his
heirs forever
12thly -- For divers good Causes I give to Harvy Fitzgerald One eaqual part
of my estate with my children on purpose for him to do my business.
13thly -- All the Rest of my estate both real and personal of what nature or
kind soever it my be not herein before mentioned I desire may be eaqually
divided amongst my several children and legatees as herein before named
which I give to them their heirs Executors administrators and assigns
forever and lastly I do hereby Constitute and appoint Harvy Fitzgerald and
my son Clabourn Shelton my executors of this my last will and testament
hereby revoking all others or former wills or Testaments by me here before
made.
In witness whereof I have hereunto set my hand and affixed my seal this 4
of July 1818.
signed sealed & published and declared
for the last Will and testament of the
before mentioned Eliphaz Shelton in Eliphaz Shelton L.S.
the presents of us
George Layman
James Newman
Wm. N. Sharp
Patrick August Court 1826
This will was proved in open Court by the oaths of
the witnesses thereto subscribed to be the act and deed of the within named
Eliphaz Shelton decd. and admitted to record.
Teste
A. Staples C.P.C.
ACCOUNT CURRENT
Harvey Fitzgerald Exor. of Eliphus Shelton Decd.
1831 The Estate of Eliphus Shelton Decd. Dr. $ cts
In acct with Harvey Fitzgerald his Executor Cr
to paid John Gilbert for his acct agt the estate 25.64
to paid Augustine Jones amt of bond & Interest 29.47
to paid Frederick Gilbert pr receipt
in part of Legacy of his wife 20.00
to William Shelton pr receipt in part for his Legacy 15.00
1832 to paid Sheriff Leyman f__? agt the estate pr receipt 5.86
to paid Clerks tickets agt myself & Jno Jones guardian etc 2.65
to paid Harden R. Hall Sheriff per takt 0.63
to paid Clerk Patrick pr Do .70
to paid Silas Carter per acct as Commissioner 8.00
to paid Clerk Patrick per ticket 2.32
to paid M Sandefur in part of his acct agt the estate 5.00
to paid the Danville Editor for publication in chancery 6.00
to paid Achd. Stuart attorney for fees Say? 15 gals brandy &
73 p? 11.25
to paid Hannah Shelton in part for her Legacy 17.15
to paid the Clerk of Henry for copy of Ralph Sheltons will 1.00
to paid Saml Sharp pr ticket 33.77
to paid B. E. Battman for making coffin per order 2.00
to paid Robert Aistrop for plank about making Coffin .20
to paid Penn for Spirits Turpentine etc about Ditto .37
to paid Frances & Luvena Sharp in part for their Legacy
pr recept 6.50
to paid Jno. Williams constable cash (?) of warrant against
Jon B. Hudson .50
to paid Wm. Clark constable per receipt for cash 1.69
to paid James Fitzgerald for helping about coffin etc. 3.00
to paid Clerk Patrick for 3 tickets 369 & 203 & 86 cents 6.85
to paid Thos. J. Penn per receipt 15.11
to paid Geo Carter per B. Stovalls orders
for surveying ticket 2.00
to paid this sum to John Jones in part for a claim he
has as a Legatee by the purchase from Elam Newman
and as Guardian for William & Jno. Shelton sons of
Frederick Shelton Decd. including interest of his bond
up to 11th Sept 1834 per receipt 480.89
to this amount due H Fitzgerald as per account 11.75
to 5 per cent Commission on the same of $3104.80 cts 155.24
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890.60
to balance due the Estate $2288.34
to paid M Sandefur Comr. to settle his acct omitted in
the above estimate for 5 days services 5.00
to paid Thos J Penn Comr. as above & also omited [blank]
By amount of sales of the personal estate 385.70
By rent of land and hire of the negroes 163.69
By amount Sales of negroes 2537.62
By amount of sales of Tobacco 12.16
By 75 lb bacon not estimated in the acct of Sales @ 72 5.62
By balance of Saml Nowlins bond exclusive of Interest 25.00
By amount agt Major Redd balance due of 5.00
By amt of John Gilberts bond and Interest 24.14
_________
3158.74
Agreeable to an order of court your Commissioners have this day settled the
account current of Harvey Fitzgerald Executor of Eliphus Shelton Decd. and
find a balance due the Estate of $2288.34 exclusive of the interest due on
the bond in the hands of the Executor except $43.04 included in the item
charged to Jno Jones Given under our hands this 30th day of October 1834
M. Sandefur
Thos. J. Penn
Patrick Nov Courte 1834
The above acct Current of Harvey Fitzgerald Executor of Eliphus Shelton
Decd. was presented in Court Examined and ordered to be recorded -- a copy
Teste
A Staples Ck
(Transcribed by Mary C. Smith from photocopies provided by the Patrick
County Circuit Court, Stuart, Va.)
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