~Will of John Gardner~
The Will of John Gardner
Copy of Original
Montgomery County, VA
Will Bk 2, p. 371 - 375
Transcribed by Irene Underwood - August 27, 2003
In the name of God, Amen, I John Gardner Senr. of Montgomery County and state of Virginia being in a low state of health and believing that I may not recover from my present Illness, but being of sound mind and disposing memory and knowing that it is appointed for all men once to die, do make and ordain this my last will and Testament.
First I give and bequeath my soul to God who gave it in the full hope and assurance that through the merits of a redeemer it will be restored and disposed of in mercy at the general resurrection - I bequeath my body to the dust from whence it came to be decently buried at the discretion of my family. And as to my worldly goods wherewith it has pleased God to bless me, I give and dispose of the same in the manner following.
Impremis, I desire that all my just debts shall be paid as soon as possible, out of the money arising from the sale of such of my personal property as may not be hereinafter specially devised. ~
Item: I give and bequeath to my beloved wife Martha, her bed and its furniture bedsted and also two Elevenths of all my real and personal Estate not devised also one Cow to be chosen from the stock when she may think proper, all of which she may dispose of as she may think fit at her death.
Item: I bequeath to my Daughter Jane Smilie who married young, and who did not contribute her labour to the procurement of my present property, one Dollar assuring her at the same time of my parental affection.
Item: I give and bequeath to my daughter Ann Gardner one bed and bedsted, three counterpanes, three quilts, three coverlets, four blankets, four pair of sheets and all her wearing apparel and chicks and one mare and horse and side saddle, and six sheep, and also require that my executors may pay her thirty one and a quarter Dollars, in discharge of that sum borrowed from her, for which I never gave her a note or bond. ~
Item: I give and bequeath to my son, John Gardner, Jr., one bay horse saddle and bridle and one silver watch and one Eleventh of all my estate real and personal. ~
I give to my daughter Mary Gardner one side saddle, bed and bed cloths and bedsted, one chest and a cow, and two Elevenths of all my estate real and personal. ~
Item: I give and bequeath to my Daughter Elizabeth Meadows, sixty Dollars to be ??? out of the price of my land when sold.
Item: I give and bequeath to my son Robert Gardner, one horse and saddle and one Eleventh of my estate real and personal.
Item: I give and bequeath to my daughter Deanna Gardner one bed sted, bed and bed clothes, one side saddle and one Eleventh of my estate real and person - also one cow.
Item: I give and bequeath to my daughter Prudence Gardner one cow, one bed sted, one bed and bed clothes, one side saddle and one Eleventh of my estate real and personal. ~
Item: I give and bequeath to my son William Gardner one Eleventh of my real & personal estate.
Item: I give and bequeath to my son Alexander Gardner, one eleventh of my real & personal estate.
Item: I give and bequeath to my son, James Gardner one eleventh of my real and personal estate and
lastly, I desire that the special devises and the respective elevenths of the personal Estate as herein willed shall be paid to each of my children that are now of age when demanded, and to the rest as they may marry and come of age, and it is my will and desire and I will order accordingly that my land and its appurtenances shall be sold when my son James may or shall arrive at the age of twenty one or incase of death, as the youngest of the family living may arrive at age and the proceeds of sd land when sold to be divided as heretofore directed and should any of my children die underage or before they are married and have issue and before they have received their bequests, I will and desire that their proportion of my estate shall be equally divided amongst their Brothers and sisters, my daughters June Smilie & Elizabeth Meadows excepted.
I do this in Justice to my unmarried children whose joint labour ought not to go to their married sisters. ~ I appoint my wife Martha an Executrix and my son John Gardner Jnr. and my trusty friend Jonas McDonald, my Executors of this my last will and Testament.
In Witness whereof I have hereunto set my hand and seal this first day of August eighteen hundred and fifteen.
John Gardner (Seal)
James P. Preston
Michael (his Xmark) Croy
John (his Xmark) McMullen
Montgomery March Court 1816
This, last will a& Testament of John Gardner, Senr. was proven by the oaths of James P. Preston, Michael Croy, & John McMullan., the Witnesses, thereto, and ordered to be Recorded. And on the motion of Martha Gardner, the Executirix and John Gardner, the Executor, who made oath thereto according to Law and with Security entered into & acknowledged Bond Conditions as the law directs. A certificate is granted them for obtaining a Probat (sic) thereof in due form -
Teste: Charles Taylor, cmc