Wills of Japheth Towler 1791/1798 and Elizabeth Towler 1818/1821 Submitted by Ed Dolan 3 Jun 1999 ------------- WILL OF JAPHETH TOWLER CHARLOTTE COUNTY, VA. WILL BOOK 1, pp. 438-39. In the name of God Amen. I Japheth Towler of Charlotte County and parish of Cornwall being sick and weak in body, but of perfect mind and memory do make and ordain this my last will and Testament, Towit: first and promptly of all I commend my soul to God. And as for my body I commend it to the ground to be buried in a Christian manner at the discretion of my executors, nothing doubting that at the general resurrection I shall recieve the same again by the mighty power of God. And as to my temporal Estate I dispose of it in the following manner. Item the whole of my estate both real and personal left to my beloved wife Elizabeth Towler during Natural life or widowhood with power to sell a slave or slaves in order to pay my lawfull debts or reserve for the legatees. Other part of my slaves I hereby give her full power by her will conform according to law; to manumit any one, more or all the slaves now delivered to her by my will, and also that may be born from her during her life; my children to be educated at her discretion; also the young negroes taught to read plain books of divinity at her discretion; should she marry, the estate both real and personal to be divided, one third of which she is to take, during her life, and after her decease the said one third to the other two thirds then to be equally divided amongst the legatees; the above two thirds during such a division as above to remain in the hands of the Executors for the legatees; continuing my wife the above authority of selling or manumitting the slaves as above. I constitute and appoint my beloved wife, Elizabeth Towler Executrix, Paul Carrington, [?], Thomas Spencer Junr., Thomas Pettus and James Towler Executors to this my last will and Testament. In witness whereof I have hereunto I have set my hand and affixed my seal this twenty third day of May one thousand seven hundred and ninety. Tho. Pettus, Edm. Keeling [?spelling], Benj. Towler At a Court held for Charlotte County the 3rd of January 1791. This last will and Testament of Japheth Towler [?] was Executed in Court by Elizabeth Towler the Executrix and Thomas Pettus one of the executors therein named and the said Thomas Pettus [re?] in open court the [?] of Executor of the said will and the same was proved by the oath of the said Executrix who made oath according to law, certificate is granted her for obtaining a probate of the said Will, she giving security whereupon she with Thomas Pettus, William Thweatt, and Henry Haly [?spelling] her securities entered into and acknowleged their bond for that purpose, reserving liberty to the other Executors to join in the probat [?] of when they shall think fit. Teste Thomas Read At a court held for Charlotte County the 5th day of February 1798. Paul Carrington Gentleman one of the executors named in this will came into court and renounced the burthen of the execution of the said will. Teste Thomas Read ---------------------------------------------------------------- WILL OF ELIZABETH TOWLER (Wife of Japheth. Family history records her maiden name as Bradley, daughter of James and Elizabeth Bradley (county unknown); no marriage record between her and Japheth has been found). (Charlotte Co. Will Book 5, p. 88) In the name of God Amen. I Elizabeth Towler of Charlotte County, calling to mind the uncertainty of life and the certainty of death, think it proper to make, constitute and ordain this my last will and testament in manner and form following. To wit, Item 1st. I give and bequeath to my son Edward Towler one tract of land containing fifty six acres which I have purchased since the death of my husband as by reference to a deed to me for the same by Charles Noell and wife [illegible] also one third part of horses, cattle, sheep, and hogs, to him and his heirs forever. Item 2nd. I lend to my daughter Elizabeth Collier during her natural life one fifth part of my remaining estate, and after her death to be equally divided between the lawful heirs of her body. Item 3rd. The balance of my estate not herein before devised both real and personal or whatever it may consist of I wish equally divided between my four sons, James, William, Luke and Edward, to them and their heirs forever. Item 4th. It is my will and desire that each of the above named legatees, to wit, James Towler, William Towler, Elizabeth Collier, Luke Towler and Edward Towler should pay to my grandson Joseph B. Green ten pounds Virginia currency which I give to him and my heirs forever. Item 5th. I do not consider the heirs of my son Benjamin Towler dec'd. legatees of this my last will and testament and I do hereby (disannull?) all wills heretofore made by me. In testamony whereof I have hereunto set my hand and affixed my seal this twenty sixth day of September 1818. Signed and delivered her in presence of B.W. Lester Elizabeth X Towler Richard Dabbs, Lewis Garnett mark At a Court for Charlotte County the 4th day of June 1821 This last will and testament of Elizabeth Towler was presented in Court the ? was proved by the oaths of Bryan W. Lester and Lewis Garnett witnesses thereto and ordered to be recorded. Teste Winslow Robinson [Note: The Edward Towler in this will emigrated to Marion Co., Mo. Married Ann Friend; James Towler married Lucy Ragsdale and went to Greene Co., Ohio; William Towler mar. Hannah Watson and settled in Mecklenburg Co., Va.; Elizabeth (Towler) Collier mar. Hamlett Collier in Charlotte Co. in 1802, and they moved to Nicholas Co., Ky.; Luke Towler married a sister of Hamlett Collier, Martha-they also went to Nicholas Co., and later, ca. 1820, to Henderson Co., Ky.; I don't know what the problem was with Benjamin-he mar. Clarissa Cousins]. Ed Dolan.