Will of Thomas Cobbs of Campbell County, Virginia
Dated 27 June 1822
IN THE NAME OF GOD Amen. I, Thomas Cobbs, in the county of Campbell, being old and feeble 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 has been pleased God to bless me with, do make this my Last Will and Testament in manner and form
following (that is to say).
In the first place, I desire after my death for my executors (hereafter named) to make sale of so much of my personal or perishable property as will pay off all my just debts and funeral expenses. Then to proceed and make sale of all the rest of my property, both real and personal, and the money arising from the sale of which to be subject to the following occasion (that is to
say). That, whereas I have already given in hand to my son, Thomas Cobbs, one hundred pounds and to my son, Charles, only thirteen pounds, and to my daughter, Susannah Driskee, only twenty pounds, and to my son, William T. Cobbs, only fourteen pounds, and to my son, Jesse Cobbs, only eighteen pounds and to my son, John Cobbs, deceased, only nine pounds, I therefore desire that after my death my son, Charles Cobbs, my have out of the money arising from the sale of my property eighty pounds, that my daughter Susannah Driskee may have eighty pounds, that my son William T. Cobbs may have eighty-six pounds, that my son Jesse Cobbs may have eighty-two pounds, that my grandson Thomas Cobbs and grandaughter Polly Cobbs (otherwise Polly Almond) children of my son John Cobbs, deceased may have forty-five pounds, ten shillings each to make them all equal with my son, Thomas Cobbs, to who I gave one hundred pounds. After their being made his equal, it is my will and desire that the surplus of the money arising from the sale of my property may be divided into six equal parts; one other sixth part, I give, bequeath and devise to my daughter, Susannah Driskee, to be enjoyed by her and heirs forever; one other sixth part I give, bequeath and devise to my son, William T. Cobbs to be enjoyed by him and heirs forever; one other sixth part, I give, bequeath and devise to my son, Jesse Cobbs and heirs forever.
Meanwhile, it is my will and desire that none of his part of my estate may pass from out of the hands of my executors until the following debts be satisfyd (viz) sixty-eight pounds to John Nowling (son of James Nowling) proviaso, he the said Nowling procure a bond executed to him by Jesse for that amount; also sixteen pounds, two shillings, six pence to Thomas W. McGlason, assignee of John Garden. But let it be observed that no interest is to be paid on those debts for I only promise that after my death those debts should be paid without interest. The surplus of Jesse's part of my estate (if any) after the payment of those debts out of the same, let it be enjoyed by him and heirs forever; one other sixth part I desire to be divided into two equal parts, the one part of which I give, bequeath and devise to my grandaughter, Polly Cobbs (otherwise Polly Almond) to be enjoyed by her and heirs forever. Meanwhile it is my desire that the whole of her part of my estate may remain in the hands of my executors for the benefit, support of her and her children she now has or may hereafter have, lawfully be gotten of her body, to be paid to her for the support of herself and said children as they may need it. My reasons for leaving thus particular about her part of my estate is that I fear her husband (John Almond) who abandoned her some years back and who is now married again (as I have been told) might come forward and by some means deprive her of it.
Now whereas, I gave my son James Cobbs, deceased two pounds, ten shillings and made a considerable sacrifice to him in the same of a tract of land in his lifetime, I therefore only give, bequeath and devise to his heirs, Mary Cobbs (otherwise Mary Evans) two shillings to be paid out of the money arising from the first sale mentioned herein assigned for the payment of my debts and funeral expense, the same to be enjoyed by her and her heirs forever.
Now to conclude, I do hereby appoint my two friends, John Cobbs of the County of Campbell and Nathaniel Lovelace of the County of Charlotte, executors of this my Last Will and Testament hereby revoking all former will and testamemts by me heretofore made.
IN WITNESS WHEREOF, I have hereto set my hand and affixed my seal this twenty seventh day of June in the year of our Lord, One Thousand, Eight-hundred and Twenty-two.
Signed, sealed, published and declared as and for the Last Will and Testament of the Testator in the presence of P. Clark, Christopher Clark, John B. Clark.
THOMAS COBBS (seal)
At a court held for Campbell County, February 13, 1826, the within Last Will and Testament of Thomas Cobbs, deceased, was procured in Court, proved by the oath of Paulette Clark, Christopher Clark, and John P. Clark subscribing witness thereto and ordered to be received and on the motion of John Cobbs, one of the executors in said named will who made oath thereto according to law and together with Christians Mohr, Thomas A. Cobbs and John Slaughter, his securities entered into and acknowledged a bond in the penalty of twelve thousand dollars at auction as the law directs for his one and faithful administration of said accounts, estate and performance of his will.
Certificate is granted him for obtaining probate; therefore liberty being reserved to the other executor in said will named to in said probate when he shall think fit.
Test: John Alexander, Clerk.
[Note: Bible record from family in Alabama proves his wife was "Mary". She was born April 17, 1738, and died November 17, 1807. Thomas was born February 20, 1737/38, and died January 30, 1826.]
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