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Robertson Gannaway Will 1838

Smyth County, Virginia Book 3 of Wills, page 135:

I, Robertson Gannaway of the County of Smyth and State of Virginia being weak of body but of sound mind and disposing memory, knowing the uncertainty of life and the certainity of death and being desirous of making such disposition of my temporal affairs as sumeth to me to be just and right do make this my last will and testament.

First:  I desire my land to be sold, and my wife Catherine to have one thousand dollars of the proceeds thereof, the balance to be appropriated as herein after provided.

Second:  I give to my wife Catherine all my personal property and all debts due to me.  I desire here to pay all my debts.

Thirdly:  I will by colored woman Margret and her four children and any she may hereafter have to be free at my death.

Fourth:  I also will my slaves, Eliza, Jeny, May Catharine, Henry Robertson & Sally to be free at my death, after my death if they or any of them should choose to go into slavery, I desire them to select the person or persons to whom they shall go, out of the following persons, viz:  Eliza W. Scates, Brother William Gannaway, Brother Thomas Gannaway, and William N. Gannaway, Brother Thomas' son.

Fifthly:  I not will and set apart five hundred dollars out of the proceeds of the sale of my land, for the purpose of taking my slaves out of state--But if they should choose to go into slavery as stated above, then the sum set apart to take them away, I desire to go to Eliza W. Scates, or if any of them should not want to go into slavery; then they are to have there proportionate of the fund, and the remainder then to go to Eliza W. Scates and the heirs of her body.

Sixthly:  I will and desire five hundred dollars out of my land to be first an interest for the benefit of Ellis Gief Scates to school him and to be paid over to him when he becomes of age.

Seventhly:  I will and desire one hundred dollars to be paid out on interest for the benefit of the missionary cause the interest to be paid annually to the missionary cause for ten years and after that to be left to the option of the missionary agent, to continue is on interest, or appropriate it otherwise to the missionary cause.

Eighthly:  I will and bequeath to my sister Catharine Oury two hundred dollars to be paid to her or her heirs by my executor, herein after named; out of the proceeds of my land.

Ninethly:  I will and bequeath to Martha Oury fifty dolars to be paid as above out of the same fund to her if alive, if dead, to the payment of her medical bills.

Tenthly:  I will and bequeath to my brother William Gannaway Fifty dolars out of the same fund, fifty dollars to my brother Thomas Gannaway, and the balance of the fund arising from the sale of my land, I desire to go to Eliza W. Scates, and the heirs of her body.

Lastly:  I hereby appoint and constitute, James B. Sanders, Esq Executor of this my last will and testament, hereby revoking all former wils and codicills made by me.  In testimoney whereof, I have hereunto set my hand and affixed my seal this 20th day of May 1838.  Signed, R. Gannaway.

I Robertson Gannaway do hereby make and constitute the following as a codicill to the amended paper being my last will and Testament of date the 20th day of May 1838. viz:  To the fourth and fifth clause of said will, I make the following correction or amendment.  The slaves Eliza, Henry Robertson, and Elizas increase are not to have there freedom till after my wife Catharins death if she survives me and chooses to retain them in her service and if retained she is hereby willed the service of said slaves and after her death, the said fourth and fifth clause are as operative as set fourth in said clauses.  In witness whereof I have hereunto set my hand and seal this second day of September 1838.

Declared as a codicil to this amended will and Testament by the above Reverend Robertson Gannaway in whose presence and at whose request we have subscribed our names.  E. L. Watson, A.G. Pendleton, Wm F. Hurst

Will Book 3, page 137:

Virginia:  At a court held for Smyth County, the 18th day of July 1837
This the last will and Testament of Robertson Gannaway decd with the codocil thereto amended was this day presented in court proven by the oaths of E. L. Watson, A. G. Pendleton and Wm F. Hurst, the subscribing witnesses thereto to and to the codicil and ordered to be recorded.  And there upon James B. Sanders the Executor named in said will appeared in court and refused to take upon himself the burden of administration as Executor, as aforesaid and on the motion of Catharine Gannaway wife of Robertson Gannaway, who relinguished her right to administer, James B. Sanders, and James H. Gilmore who made other thereto and together with L. H. Tate and H. A. Greever their securities entered into and acknowledged a bond in the penalty of eight thousand dollars conditioned as the law directs, certificate is granted them for obtaining letters of administration with the will amended of Robertson Gannaway decd in due form of law.


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