In the name of God, Amen. I, Samuel Drewry, of the County of Southampton and State of Virginia, do make and publish this to be my last will and testament in manner and form following, that is to say ___
Item 1st It is my will and desire after my death at such time as my executors think it most beneficial to make sale of such property as will not interfere in carrying out such provision or conflicting in any manner with my provisions hereafter made in this will. It is my will and desire that my executors make sale, either private or public, auction as seems best to them, the following plantations, to wit: The tract of land lying in Sussex County which I purchased of John H. Walker, also the tract adjoining it I purchased of John Avent, this land may be sold in one or two tracts which ever seems best, also my land with all improvement which lyes in Greenbriar County near the White Sulphur Springs. I would advise this land to be sold in lots as follows, the farm house with other buildings attached sold in one lot, the houses (lot) as now enclosed, which Charles Dean now occupys in another lot, also two lots to be made on the turnpike above David Watts' lot, say fronting on the turnpike one hundred twenty foot remaining back from the turnpike to Howards Creek, it may also be as well to sell in another a piece of land that lyes over Howards Creek adjoining David Luber, to itself, then the remainder of the land sell as the farm, think by this course it will not affect the sale of the farm to much extent, but this viewed are more suggestions to my executors, but why I entertain them is from the fact I have refused large prices if I would sell it off in this way. I wish liberal credits to be given, but to carry interest from the time when possession are given. I would advise collateral security to be given as well as retaining the title till paid for, especially for the Greenbriar property. If fair prices cannot be had soon after my death for my lands directed to be sold, I direct my executors as follows __ my land in Greenbriar County to be kept up by keeping suitable stock and other articles for that purpose on the place, with two or three hands to keep the place in order till sold, my land in Sussex County I direct till sold that ten good hands be kept there with suitable property of every description stock and for keeping the farm up till sold under proper management by cultivating the best lands it will be profitable to my estate but the sooner sales can be effected, probably the better, the profits arising from these farms, hotel, etc. till sold, I intend to be added to my estate for the benefit of all my children in the same manner as my moneys estate.
Item 2nd I give to my son Joseph A. Drewry under such provisions as hereafter stated, the following property, to wit: all my land in the County of Southampton with all improvements and benefit including my mansion house and all other lands attached, including the land on each side of the Three Creeks, also my griss and saw mills, should the flour and saw mill not be completed before my death, which is now in erection I direct to be completed by some approved workman and charged to my estate. I also give him one fourth or equal share of all amounts found due my estate on a final settlement, except he is to pay out of his portion of money he receives from my monied estate one thousand dollars to or for the benefit of my daughter Sallie R. Drewry. I don't give him any portion of the money arising from the sales of the land I have directed to be sold. I further give him one fourth or equal share of all my slaves, giving him his selection of one of my carpenters, one coofer, one blacksmith, and one wheelright but these servants are to be placed in his lot at valuation. I also give him the tools belonging to the different shops, that is the blacksmith, coofers and wheelright shops, also the bench tools for the carpenter, and all timbers which may be on hand for said shops. I give him also the two stills and fixtures as they now stand at my mansion farm, with all cash, Apple mill presses, and other fixtures for saving cider, one large iron boiler used for scalding hogs, all my books, two beds, covering sheets, as they now have a long time stood one in my chamber and the other one in the room adjoining my chamber, the sitting chairs I use in my chamber, called the mountain chairs, the side board in my chamber, my small desk in my chamber, my secretary, mahogany sett tables and (ones), marble top center table, one given of his choice, Sharps rifle, which he has in possession, and my Colts revolver, also my watch. The above property is given on this condition. Should he die leaving a child or children to live to the age of twenty years or marrying, or should he after arriving at the age of twenty one years think proper to dispose of the same by his last will and testament or otherwise, his is fully empowered by this will to do so, but should he die before arriving to lawful age, leaving no child or children as above named and dying make no disposition of the said property under such circumstances I direct the said property to be returned to my estate for the benefit of my other children or their descendants, provided such descendants live to the age of twenty one years or marrys, otherwise to return to my surviving children and descendants of any child that may of died leaving descendants such descendants taking the share of their respective parents.
Item 3rd It is my will and desire after my estate is closed and the true amount ascertained, that one fourth of the same with one third of the net sales of my land which I have directed to be sold, to immediately or as soon as can be collected invested that will be safe in Confederate State bonds or other institutions considered equally reliable, for the benefit of my daughter Mary Ann Goodwyn, at such time as my servants can be divided which cannot be done till a sale of the land I have directed to be sold is effected, at such time when divided, I direct one fourth of the same to be allotted to my said daughter for her benefit, but in the lot set apart her she is to account for servant girls Sandor and Margaret which girls she has in possession. They are to be considered by the commissioners as number one girls to value as such, the account which may be found amongst my papers against her husband, William S. Goodwyn, must be accounted for to my estate (audits) for the amount, which amount, free of interest, is to be deducted from her portion of money set aside for her, the above named property, both money and slaves, shall be held by her during her natural life and the profits arising therefrom to be applied to her benefit and under her control and direction, at her death I give the said property to such of her children as may live to arrive to the age of eighteen years or marry. Should she leave no child or children, or such child leaving no issue, under such circumstances I direct the said property to be returned to my estate, which I give to my surviving children and descendants of such of my children as may be dead, leaving any such descendant taking the share of their respective parents, as if living. I further give my said daughter the privilege of selling a part or all of the servants allotted to her, provided the proceeds of the sales of the same are invested as I have directed the money allotted to her. Should my said daughter have a desire to dispose of a part or the whole of this property it is my will and desire she shall do so provided it is done by her last will and testament notwithstanding the provisions named.
Item 4th It is my will and desire after my estate is settled up and the true amount ascertained that one fourth of the same, with one third part of the net sales of my land which I have directed to be sold, also one fourth part of my slaves be set aside or allotted for the benefit of my daughter Caroline Antoine Kindred, the money I direct as soon as it can be collected to be invested either in Southern Confederate State bonds, or any other institution considered safe and reliable at such time as a division of my slaves takes place, which cannot be done sooner than a sale is effected of the lands I have directed to be sold, in such division I direct that in the lot set aside for her that the said lot shall account for a girl named Evaline, which girl she has in possession, the valuation to be ascertained by the Commissioners by placing her at the value of what they rate number one girls at, the account I leave against my said daughter's husband I direct to be accounted for my crediting my estate for the amount and directing this same (free of interest) from the amount of her portion or share of money allotted here. The said property both slaves and money, shall be held by her during her natural life, the profits arising therefrom to be applied to her benefit and at their discretion, at her death I give the said property to her children, provided she has any to live to the age of eighteen years or marrys or such child or children leaves descendants. If there should be no such I then direct the said property to be returned, which I give to my surviving children and descendants of any child, should they not be living such descendants taking the share of their respective parents. I give my said daughter the privilege of selling a part or all of the servants allotted for her benefit provided the proceeds of such sales are immediately invested, as I have directed her portion or share of money to be. If my said daughter should desire to dispose of this property she is fully authorised to do so provided it is done by her last will and testament notwithstanding the provisions made above.
Item 5th It is my will and desire as soon as my estate is settled up and the true amount ascertained that one fourth of the same, with one third part of the net sales of the land which I have directed to be sold be immediately or as soon as the money can be collected, it shall be invested, either in S. Confederate State bonds or any other institution considered to be equally safe, for the benefit of my daughter Sally R. Drewry at such time as my servants can be divided which cannot be done till a sale of the land which I have directed to be sold is effected, at such time when divided, I direct one fourth of the same to be allotted for her benefit, in this lot I give my said daughter the privilege to select any woman or girl from my servants she may think proper, to be put in her lot at valuation by the commissioners, the above name property, both money and slaves, shall be held by her during her natural life and the profits arising therefrom to be applied for her benefit and placed under her control and discretion, at her death the said property I direct to be returned to my estate and divided between my surviving children and the descendants of any if they are dead and leave any to live to the age of eighteen or marry, such descendants taking the share of their respective parents as if living, but should my said daughter Sallie R. Drewry leave any issue to live to the age of eighteen or marry, under such circumstances, I give the said property to them. I also give her the bed and bedstand called her mothers standing in the girls chamber, also my (trans) under the same restrictions as above named, should my said daughter wish at any time to sell a part or the whole of her slaves I hereby direct and will it to be so, provided the amount of the sales of the same is immediately invested as I have directed the money she receives from my estate to be. If my said daughter after she arrives to the age of twenty years and desires to dispose of this property she is hereby fully empowered by my will to do so, provided it is done by her last will and testament. I also direct my executors to apply any money due my estate for her board, clothing, schooling, or any other expense which may occur. My intention is for her not to be encumbered with any debt till her money is invested and not then unless she has quit school. I trust my executors will be liberal to her in fully supplying all her wants, that is any ways reasonable.
Item 6th Should any of my children die leaving no issue which may live to the age of eighteen years or marry, it is plain to be seen my intention is to have the property which such deceased child received from my estate returned to the estate to be divided amongst my living children and the descendants of any child, if they should die leaving descendants, such descendants it is my intention to have the portion which their respective parent would of received if living, this property so received I place in every respect and restrictions as I have before named, in the money and slaves allotted for each of my children. I don't intend any thing here expressed to conflict with the privilege I have granted each of my children that is to dispose of their share by their last will and testament, provided they think proper to do so. I see no necessity for any guardian being appointed either for Joseph or Sallie, as I have authorised my executors to do all that is necessary. I direct that Joseph's expenses to be paid out of my estate till he takes charge of the land I have given him which it is my intention he shall be put in possession as soon as circumstances will permit after my death. I direct that he may buy any article at my sale for settling the plantation and housekeeping. I don't wish my executors to require of him to give security for such purchase, but in the settlement of my estate I wish him to account for the said amount.
Item 7th It will be seen by reference to my fathers will that he requested that my brother James Drewry to have land timber from a piece of land of 336 acres lying on the Three Creeks which my father willed to me on the following provisions. He requested timber enough to be had from the said land to save the fruit on the orchard which he gave my said brother during his life, the quantity was to be decided by me, which I consider at the highest estimate seven hundred and fifty (bamil) (stoves) and one hundred and twenty pieces of heading fully ample to carry out my fathers will, he further directed the timber should be cut from such parts of the land as I directed, it is my desire Joseph see the said carryed out agreeable to my fathers will, the intention to save the fruit on the orchards he gave him not any other orchard or orchards raised on the place.
Item 8th And lastly I constitute and appoint my son in law's William S. Goodwyn and Johnothan S. Kindred and my son Joseph A. Drewry executors to this my last will and testament. I request of the court which this will be presented for probate not to require of Joseph A. Drewry to give security, owning to his age and habits being formed, I am confident but (feel) (wants) like to stand for him under any circumstances. Should the above named fail to administer I then request and appoint my brother Samuel Drewry and my nephew William H. Drewry as my executors. In testimony hereof I have set my hand and affixed my seal this 2nd day of December in the year of our Lord eighteen ____ and sixty one.
Witnesses - Fabian S. Harris, David R. Newsom, Junior.
In the 2nd item of this will third line on 4 page the words are blotted and rather indistinct, it should read (may of died). In 3rd item nineteenth line of same clause the words (and under his control and) is (interlined) and (somewhat) indistinct, it should read thus ____ and under her control and discretion. In 4 item twenty third line in same clause the words (such child or children) are interlined ___ the above interlining was done before assigning this my last will and testament. December 2nd 1861.