SPECIMENS OF DEEDS AND WILLS, 1833-1860

The deeds and wills during the period from 1833 to the Civil War made

increasingly large provisions for the removal and colonization of the

freedmen. It may be also noted that arraignments of slavery became

very rare during that period. The same influences which almost hushed

the voice of anti-slavery orators in Virginia, were effective in

banishing from the deeds and wills of emancipators expressions which

might give aid and comfort to the men who were daily denouncing the

civilization and morality of the state. Though these arraignments

might almost stop the discussion of slavery in Virginia, yet they

could not destroy the sentiment in favor of emancipation. The

liberation of slaves continued without diminution down to the outbreak

of the Civil War. It may be also noted that these instances of

emancipation go far to disprove the charge that the Virginia friends

of negro colonization were inspired simply by a desire to remove the

free negroes from the state in order to make more sure the tenure by

which they held their slaves. John Randolph of Roanoke, General

Blackburn, Bishop Meade, William Henry Fitzhugh and George Washington

Parke Custis were all leaders in the colonization movement, and all of

them emancipated their slaves.

Extract from the will of Samuel Blackburn of Bath County, dated the

30th of October, 1834:

"That all the slaves of which I may die seized and possessed,

without distinction of age or sex, be, and they are hereby, declared

free and forever emancipated, &c.... And as soon as the necessary

arrangements can be made by my executors they shall be transported

to the American Colony in Liberia and the expense of transportation

be charged upon my estate, real and personal. It is, however,

expressly and implicitly understood that if any of my slaves

aforesaid refuse to accept this boon it will be the duty of my

executors and they are hereby requested so to do, to sell to the

highest bidder in terms of the sale all who thus refuse and

persevere in refusal, as slaves for life. And here let me admonish

and warn these people how they let slip this golden moment of

emancipating themselves and their posterity forever from that state

of slavery and degradation in which I found them and in which many

of them have long served me."

By a codicil the testator provided that with respect to any slaves who

might refuse to accept their freedom upon condition that they be

transported to Liberia, his executors should not sell them separately

but in families and by private sale to considerate masters.[163]

Extract from the will of Carter H. Edlow of Prince George County,

dated the 20th of March, 1838, and admitted to probate the 13th of

August, 1844:

"I desire that my estate shall be kept together and cultivated to

the best advantage until a sufficient sum can be raised to pay my

debts, should there be any deficiency in the amount of money on hand

and debts due me, and to raise a sufficient sum to pay for the

transportation of my slaves to any free state or colony which they

may prefer and give to each slave fifty dollars on their

departure.... It is not my wish to force them away without their

consent; in the event of any of them preferring to remain in slavery

they must take the disposition hereinafter directed."

The testator then devises the residuum of his estate to his nieces,

along with such of his slaves as refuse to accept freedom.[164]

Extract from deed of William Meade, of Clarke County, dated the 29th

of April, 1843:

"Know all men by these presents that I, William Meade, of the County

of Clarke and State of Virginia, with a view of preparing a certain

female mulatto slave, named Lucy, for the enjoyment of the freedom

hereinafter bestowed upon her, have ... bound the said female, Lucy,

now about seventeen years of age, to a certain J. W. Stockton,

residing in the State of Pennsylvania, until the said Lucy arrives

at the age of twenty-one years, &c. ... do give and grant unto the

said Lucy her freedom forever and do hereby manumit her from my

service, forever, &c."[165]

Extract from the will of Thacker V. Webb, of Orange County, admitted

to probate August 28th, 1843:

"I will and direct that at and after my death, my slaves, James,

Joseph, Kendall, Judy and all the remainder of them both old and

young (not enumerated and specified by their respective names) and

all the future increase of all the females be, and they are hereby

fully and entirely liberated, and forever emancipated and set free

from the involuntary service of all and every person or persons

whatsoever; and that no operation of any law whatsoever shall be

allowed, or in any wise prevent the said slaves from receiving and

enjoying their full, entire and complete freedom and emancipation, I

will and direct that my executor or administrator hereinafter named,

shall procure a home for the slaves, or persons above liberated, in

some non-slaveholding state, and for this purpose I hereby

appropriate the sum of four thousand dollars, to be laid out in

land, farming utensils, and bearing their expenses, and if any

overplus shall remain, I direct it to be equally divided among them

all, and given to the fathers and mothers for their joint use and

benefit."[166]

Extract from will of Albert Early, of Madison County, dated the 25th

of May, 1839, admitted to probate 25th day of November, 1847:

"I give and bequeath unto my above named executors all the negro

slaves that I now own or may own ... I do most solemnly and

seriously request and exhort them to do with my said negro slaves as

I now prescribe, that it is my wish that they ... should be

liberated so that they may enjoy all the liberties and blessings of

a free and independent people, and not approving the custom of

liberating slaves to remain in the United States, I would recommend

to my said executors to select for their residence some section of

country which ... may supply them, the above named negro slaves,

with all the comforts and necessaries that may render their lives as

agreeable and easy as possible."

The will further authorizes the executors to sell so much of the lands

and other property of the testator as may be necessary to pay his

debts and then to apply so much of the proceeds as the above named

"executors may think proper for the removal and settlement of my above

named negro slaves."

The will concludes:

"That it is owing to no malignity of feelings towards my relations

that I have thus disposed of my negro slaves, but because I think

they own enough of them without mine and I think that they are a

general evil and withal I deprecate the principle."[167]

Extract from the will of John Warwick, of Amherst County, admitted to

probate March 20th, 1848:

"I, John Warwick, of the County of Amherst, ... do make, publish and

declare this my last true will and testament....

"First: The future condition of my slaves has long been a subject of

anxious concern with me, and it is my deliberate intention, wish,

and desire that the whole of them be manumitted and set free as soon

after my demise as the growing crops shall be safe and the annual

hires terminated, not later than the end of the year of my death, to

be removed, or so many of them as I do not manumit and send to a

free state during my life, with the exception hereinafter named, and

settled in one or more of the free states of this Union under the

care and direction of my executors, hereinafter appointed. Indiana

is my choice.

"Second: To carry out the above bequest ... next to the payment of

any debts I may owe, my funeral expenses, and the charges of

administration of my estate, I hereby declare that it is my wish and

intention that my slaves shall on being emancipated have the whole

of my estate now in being, or hereafter to be acquired, ... for the

purpose of creating a suitable fund in the hands of my executors for

their comfortable clothing, outfit, travelling expenses and

settlement in their new homes".[168]

Extract from the will of Frances Eppes of Henrico County, admitted to

probate February 7th, 1848.

"It is my will and desire that all my slaves shall be emancipated

and set free—and I do hereby emancipate and set free the following

slaves, and the increase of the females among them, namely—" (Here

follow the names of the slaves, twenty-seven in number)—"And with a

view to accomplish this my intention in an effectual manner it is my

will and desire that at my decease all my slaves of every

description be committed to the special care and trust of my friends

Joseph J. Pleasants of the County of Hanover, in this state, and

Joseph Jones of the State of Ohio....

"It is my will and desire that after all my just debts are paid, all

the property of every description of which I may die seized, or the

proceeds arising therefrom as may seem best to my executors

hereinafter named, be divided among the said slaves so emancipated

in such manner as the executors may deem fair and proper."[169]

Extract from the will of Sampson Sanders, of Cabell County, admitted

to probate July 9th, 1849:

"It is my will and desire that all my slaves of every age and sex be

free at the time of my death from all involuntary servitude....

"I hereby direct my executors ... to collect so much of my estate as

may be necessary to buy land for my said slaves in the State of

Indiana or some one of the free states of the United States of

America as may be necessary for their comfortable support ...

assigning each head of a family their proper proportion of land ...

binding the heads of families and other young men for the

comfortable support of the old and decrepit or weakly slaves during

their natural lives. I hereby give and bequeath to my said slaves

$15,000.00 to be paid out of my estate by my executors

aforesaid."[170]

Extract of will of Joseph Early, of Madison County, dated 22nd of

December, 1852, and admitted to probate August 24th, 1854:

"My will is that my executors hereinafter named send my negroes that

I now have to Liberia—give each of the men,—three in number—fifty

dollars each and Verindy and all her children, one hundred dollars,

to take with them, besides getting them out, and bacon enough to

last them six months after they get to Liberia."[171]

Extract from the will of William D. Jennings, of Henrico County,

admitted to probate August 1st, 1853:

"I hereby manumit, emancipate and set free all the rest and residue

of my slaves, viz.:" (Here follow the names of the slaves,

thirty-four in number) "and request that they shall be sent to and

settled in Africa, in some good location, to be approved by my

executor, after conference with the agent of the American

Colonization Society, at Washington City."

The will further provides that after paying the debts of the estate

the balance shall be applied:

"To the expenses of removal to, and settling in Africa, of all the

slaves hereby emancipated. After defraying the expenses of their

said removal to Africa, it is my will and desire that the whole

surplus of my estate then remaining (after paying debts and

legacies) shall be divided among my said emancipated slaves as

follows, viz.:—" (Here follow the names of the slaves).[172]

Extract from the will of Traverse D. Herndon, of Fauquier County,

dated the 2nd of December, 1854, and admitted to probate 25th of

December, 1854:

"Third: I desire that the servants formerly the property of Col.

George Love, whose names and number have been sent on to the

Colonization Society (The number thus designated were forty-eight,

two have since been born) shall be sent to Liberia, so as to carry

out the arrangements made with that society for their liberation,

and I further wish that their expenses shall be paid to Baltimore,

Md., and that my wife shall give them such an amount of money as she

may think advisable."[173]

Extract from the will of Arthur B. Davies, of Amherst County, admitted

to probate March 21st, 1853:

"It is my will and desire that all my slaves, fifteen in number and

named as follows,—" (Here follow their names) "together with their

future increase, shall be liberated and become invested with their

freedom at my death, and for the purpose of removing them to some

free state if that be lawful, or to Liberia if that shall become

necessary, it is my will and desire that the debt now due to me by

Charles S. Brown be collected and be used as a fund to effect that

object. It is my further wish that in case any of my said slaves

shall of their own free will and accord prefer remaining in slavery

rather than accepting freedom under the provisions of this clause,

then it is my desire that they shall be permitted to choose masters

amongst any of my legatees hereinafter mentioned, and thereafter to

become their slaves for life—the parents in such case to choose

also for such of their infant children as may not be capable of

making their own election."[174]

Extract from the will of Philip Lightfoot, of Culpeper County,

admitted to probate May 21st, 1855:

"I hereby emancipate and set free all the slaves I may possess or be

entitled to at the time of my decease, who are to enjoy their

freedom as fully as if they had been born free. I give to each of my

said slaves, without distinction of age or sex, the sum of one

hundred dollars, to be paid to them respectively when my executor

shall deliver to them their discharge from service. Moreover my

executor is required to clothe each of them well, furnishing to each

the necessary quantity of blankets and cause them to be moved to

some place, or site, where they can enjoy their freedom, and I

desire the clothing and expenses attending their removal to be paid

out of my estate with the money on hand or money that can be first

collected.

"My old and infirm negroes (if any) are to be supported in a

suitable manner by my estate."[175]

Extract from the will of William Smith, of Orange County, admitted to

probate September 28th, 1857:

"It is my will and desire that my house servant, Maria, my man,

Paul, and my woman, Celia, be allowed to choose their masters or

mistresses or either, and when they have made such selection, I

hereby give and bequeath them to such person or persons as they may

respectively select, provided the person or persons, so selected by

them, will take them as their property, but if they cannot be thus

disposed of, then my executors are to select suitable places for

them where they will be well clothed and taken care of upon the most

reasonable and best terms they can, paying out of my estate such

sums of money as may be necessary for this purpose."[176]

Extract from the will of George Washington Parke Custis, of Fairfax

County, admitted to probate December 7th, 1857:

"And upon the legacies of my four granddaughters being paid, and my

estates that are required to pay the said legacies being free of

debt, I give freedom to my slaves, the said slaves to be emancipated

by my executors in such manner as to my executors may seem most

expedient and proper, the said emancipation to be accomplished in

not exceeding five years from the time of my decease.

"I do constitute and appoint as my executors, Lieut.-Col. Robert

Edward Lee, Robert Lee Randolph, of 'Eastern View', Right Rev.

Bishop Meade and George Washington Peter."[177]

Extract from deed of Eliza W. Cocke, of Smithfield, dated January 5th,

1857:

"Know all men by these presents that I, Eliza W. Cocke, of the Town

of Smithfield, in the County of Isle of Wight, in the State of

Virginia, from motives of benevolence have manumitted and set free

from slavery, &c."[178]

Extract from the will of Louisa Muschett, of Prince William County,

dated 19th March, 1856, and admitted to probate on the 12th February,

1858:

"I will and desire all my servants to be hired out for three years,

and at the end of that time, to be free, each grown servant to have

fifty dollars, and each child to have twenty-five dollars."[179]

Extract from the will of Robert Tinsley, of Amherst County, dated

March 12, 1859, and admitted to probate January 20, 1862:

"It is my will and desire that the residue of my slaves and future

increase be emancipated and removed at the expense of my estate to

one of the free states of this Union. Although there are some legal

impediments, I suppose with the provisions I intend for them they

can be settled in Ohio, or some other of the Western States. I wish

them settled in families upon tracts of land to be purchased and

secured to them to the amount of one hundred dollars a head, and

furnished with a substantial suit of clothes suitable to the season

and plain provisions sufficient for a year's supply, and this is to

be done as soon as sufficient funds can be raised from collection of

debts in aid of any money I may leave on hand....

"If the slaves cannot be settled in Ohio, or some other free state

of this Union, I wish them properly equipped and sent to Liberia at

the expense of my estate."[180]

No attempt has been made to present extracts from all the great number

of deeds and wills which are to be found of record in the various

clerks' offices throughout Virginia but the foregoing have been

selected as fairly representative, both with respect to the time of

their execution, the different sections of the state in which they are

to be found, and the social position of the emancipators. They are

also illustrative of the great number of emancipations and of the

difficulties and expenses incurred by Virginia slaveholders in

effectuating that result.

-----

Footnote 163:

_Will Book No. 14_, p. 263, Clerk's Office, Bath County, Virginia.

Footnote 164:

_Will Book No. 1_, p. 90, New Records, Clerk's Office, Prince George

County, Virginia.

Footnote 165:

_Deed Book B._, p. 467, Clerk's Office, Clarke County, Virginia.

Note: William Meade was the Bishop of the Episcopal Diocese of

Virginia from 1829 to 1862.

Footnote 166:

_Will Book No. 10_, p. 17, Clerk's Office, Orange County, Virginia.

Footnote 167:

See _Will Book No. 8_, p. 202, Clerk's Office, Madison County,

Virginia.

Footnote 168:

See _Will Book No. 11_, p. 577, Clerk's Office, Amherst County,

Virginia.

Note: The appraisement of Mr. Warwick's estate showed that he owned

seventy-four slaves at the time of his death, and his executor, Dr.

David Patteson, removed them to the State of Ohio.

Footnote 169:

_Will Book No. 12_, p. 495, Clerk's Office, Henrico County,

Virginia.

Footnote 170:

_Will Book A._, p. 391, Clerk's Office, Cabell County, West

Virginia.

Footnote 171:

_Will Book No. 9_, p. 421, Clerk's Office, Madison County, Virginia.

Footnote 172:

_Will Book No. 14_, p. 188, Clerk's Office, Henrico County,

Virginia.

Footnote 173:

_Will Book No. 25_, p. 274, Clerk's Office, Fauquier County,

Virginia.

Footnote 174:

_Will Book No. 13_, p. 51, Clerk's Office, Amherst County, Virginia.

Footnote 175:

_Will Book F._, p. 222, Clerk's Office, Culpeper County, Virginia.

Footnote 176:

_Will Book No. 12_, p. 267, Clerk's Office, Orange County, Virginia.

Footnote 177:

_Will Book No. 7_, p. 267, Clerk's Office, Fairfax County, Virginia.

Note: Robert E. Lee qualified as executor under this will and

executed in 1862 the necessary papers emancipating the testator's

slaves of whom there were one hundred and ninety-six.

Footnote 178:

_Deed Book No. 39_, p. 344, Clerk's Office, Isle of Wight County,

Virginia.

Footnote 179:

See _Will Book Q._, p. 433, Clerk's Office, Prince William County,

Virginia.

Footnote 180:

_Will Book No. 16_, p. 106, Clerk's Office, Amherst County,

Virginia.

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