LAST WILL & TESTAMENT

JOHN COBBS

HALIFAX COUNTY

25 February 1803

Proved 27 June 1803

 

 

I John Cobbs of Halifax County in bad health but of sound mind and disposing memory do make constitute and ordain my Last Will and Testament in the following manner and form. First My debts and funeral expenses must of course be adjusted and honestly paid, and to that end deduct that much of my slaves and other Estate personal as my dear wife may advise and direct be ---- for that purpose.

 

  1. I give and devise to my dear blood wife during her life the tract of land plantation and horses whereon I dwell, together with all my negroe slaves, household goods, stocks and all other chattels for her support and for the support and education of her and my children.

 

  1. In the sale of slaves for payments of my debts I desire that a woman named Eve ...........

 

  1. I am entitled to a slave named Isaac in possession of my nephew James Cobbs of South Carolina. I desire that he be sold or not as my wife and Executrix may think most proper or that his labor may be otherwise applied as may be judged most to the advantage of my family.

 

  1. I have a joint right with two brothers, to a tract of land in the State of Kentucky located in the name of my late father James Cobbs. I direct that my part of share of that tract be sold and conveyed by my Executrix and the proceeds be applied with the general mass of my estate.

 

  1. I desire and request of my dear wife that at her discretion shall well accommodate my children as she think proper with such parts of my Estate as she may think she can spare as they may separately come of age or marry.

 

And finally at her death I direct and desire that my lands and dwelling be sold --- by my Executors, and that the proceed as well as all other interest be equally divided amongst all my children or their legal representatives, so that including donations by their mother finally each child or their representatives of each standing as one, may receive and enjoy an equal part.

 

  1. But the last desire must be subject to the following exception In order the better to receive to my wife the ---- of her children, I give to her my ---- wife the following twelve slaves by name Bob, Betty, Mary, Lucas, Dick, Clo, Jenny, Franky, Nel, Sophia, Tom and Polly to be disposed of by her to such of my children as she may think proper at any time she may choose and if it shall so happen that she shall fail to make disposition of any of these slaves, they are to be in equal equal division as before directed but if she chooses to dispose of them or any of them the donor shall hold such donation without being accountable on an equal division of the remainder.

 

I have an undivided interest in the estate of my late father James Cobbs of South Carolina. I desire that my executors my have that interest adjusted, make necessary conveyances of land and do convey other things necessary so as to bring the value of such interest to the aid of support of my family to be applied as before directed.

 

I do nominate and appoint my wife Executrix, my brother in law Willis Lewis and my friend Isaac H. Coles Executors of this will, declaring it to be my last.

 

Signed sealed published I declare this 25th day of February , one thousand eight hundred and three.

 

Jno Cobbs, LL

 

Signed sealed published and declared by the testator to be his last will in presence of

 

P. Carrington, Wm Morton, John Lipscomb, Robert Hudson, Dabney P. Truro, William Britton

 

&&&&&&&&&&&&&&&

 

At a court held for Halifax County the 27th day of June 1803 -----

The within written Last Will and Testament of John Cobs deceased was exhibited in Court and proved by the oaths of the witnesses thento subscribed and ordered to be recorded and Isaac H. Coles, one of the Executors therein named, came into court and offered to take upon himself the burden of the execution thereof. Whereupon on the motion of Ann Cobbs the Executrix therein named who made oath according to law Certificate is granted her for obtaining probate thereof in due form, she giving security. Whereupon she together with Isaac H. Coles her security entered into and acknowledged their bond in the penalty of fifty thousand dollars conditioned as the law directs. Liberty being assured to the other Executor therein named to join in the probate thereof when he shall think fit.

 

[Addendum added in a different hand, apparently much later: 1821, May 28 Administration granted John Cobbs in due form.]

 

Duly recorded John Wimbish, CC