I John Tucker of the County of Brunswick do make & constitute this to be my last will and testament hereby revoking & cancelling all other wills by me before this made Imprimis I give to my son Thomas Goode Tucker the land and slaves and other property which I have heretofore put him in possession of to him and his heirs forever. Secondly I give and bequeath to my son Sterling H. Tucker the tract of land called Farmers Hope; the tract of land purchased by Col. H. Tucker of Mike Maidlin & willed by him to me lying on the north side of Sturgeon creek; also the tract land called Spring field including the mill thereon with all the stock, plantation untensils (sic) & corp of every description, growing or severed which may be on the tracts of land at the time of my death except the crop of tobacco. I also give unto him one equal fourth part of all my slaves; to him and his heirs forever. Thirdly I give devise and bequeath unto my son Edward B. Tucker the tract of land lying on Nottoway river called Marshvill, the tract of land on which the late Col. Heartwell Tucker resided, except the land belonging to the said tract lying south of the road leading from my old overseers' house by my north gate to a red oak (now made a corner) standing in the said road between the said gate and the reedy branch and except the lands which will be cut off by a line running from the said Oak nearly east until it strikes the corner of the fence, near Evans' Old settlement, thence as the said fence runs to Mr. Robert Vaughan's corner a Locust, supposed to be about three hundred acres taken from said tract. I also give him the mill situatted on the said tract of land, with all the stock, crop & plantation utensils which may be on the said tracts of land at the time of my death, except the crop of tobacco, to him & his heirs forever; I also give unto him one equal fourth part of all my slaves, to him and his heirs forever. The real estate given to my son Edward being more valuable than those given to my other sons it is intended by me as payment & satisfaction of a debt due by me (as the Guardian of Eliza. Tucker his wife) to him & the aforesaid devise & bequest is made to him only on condition that he does execute to my executor a full & complete release and discharge of my estate for the said debt. Fourthly I give devise and bequeath unto my son John E. Tucker the tract of land on which I reside including the lands before directed to be cut off from the land devised to my son Edward, and also including the lands taken from the tract called Simmons' (which I have given to my son Thomas) to him & his heirs forever with all the stock, plantation utensils and crop of every description growing or severed which may be on the land at the time of my death except the stock of blooded horses and the crop of Tobacco I also give to him my household and kitchen furniture one half of my Library (& the other half to my son Edward) and the provisions and liquors which may be on hand at the time of my death. I also give to him one equal fourth part of all my slaves to him and his heirs forever But should my said sons Edward, Sterling or John or either of them, die without having lawful heirs of their bodies (Viz a legitimate child or children) it is then my will and desire that the lands and slaves herein given to them or either of them so dying be equally divided among my surviving sons & the children of such of my sons as may be dead and the children of my daughter Lucy G. Chambers, her children only to take what she would have been entitled to had the devise been to her instead of them, and the children of my sons who may have died leaving children only to take what the father would be entitled to if living. Fifthly I give devise and bequeath unto my son Sterling H. Tucker, as trustee, the following property: All the lands I own in County of Mecklenburg, being the lands on which Edward R. Chambers now resides consisting of several tracts; also the tract of land in Lunenburg called Cabin Point, if that should be decided to be mine, there being a suit now depending in which the title to the said land is contested; also the money due & owing to me from Edward R. Chambers the amount of which will be seen from his bonds which I hold & other papers; also the remaining undevised one fourth part of all my slaves, which said property real and personal I give to my son Sterling H. Tucker in Special trust and confidence and to be held by him for the use and purposes hereinafter mentioned The lands in Lunenburg when the title is cleared; I wish sold and the money arising therefrom and any money which may be collected from Edward R. Chambers be laid out in the purchase of other land in the County of Mecklenburg or else where, if my daughter Lucy G. Chambers shall require it; and the whole to be held for the use, benefit & support of my said daughter Lucy & for the support maintenance & education of her children for and during the life of the said Lucy. It is also my will and desire that my daughter have the use, occupancy possession and control of the said property, real and personal, so far as she may wish or her comfort and convenience may require, and that the entire profits thereof be subject to her disposition & controul as if she were a feme sole But be liable at all times to the controul of the said Sterling so far as may be necessary to the safety and preservation of the said property and the due execution of the true object and intent of this devise; and it is furthermore my will and desire that the trustee when he shall think it advisable and my daughter Lucy shall require it shall sell all or any part of the said property real or personal and invest the purchase money in other property or stocks of equal value. It is also my will and desire that my daughter Lucy may at any time by her deed and writing or by a writing in the nature of a last will and testament give grant & bestow the said property or any part thereof on her children or to any one or more of them as she may think proper. The obedience of children being better secured by their dependence, I wish hers to be dependent on her and that she may have power to punish or reward by disposing at her direction the property contained in this devise; but should she make no disposition of said property by deed or will, then, after her death it is my will and desire that the said property, real & personal, with its increase and accumulation be equally divided among all the children of the said Lucy & the children of such of her children as may be dead, her grand children to take what their parent if living would have been entitled to. I have given to Edward R. Chambers no interest in said property because I wish it distinctly to appear the devise is to the said Lucy and her children as a feme sole, and in no way to be subject to the debts; contracts or liabilities of the said Edward, But should it ever become necessary, it is my will and desire that he the said Edward have a support and maintenance from the profits of the said property. Sixthly, I loan to Miss Elizabeth O. Goode my negro man Armistead for and during her life and after her death I give to him the right of choosing a master from among my sons & give him to the one he may select to him & his heirs forever. Lastly I direct that my crop of tobacco, my blood horses, and all property not herein disposed of be sold by my executors, and that after the payment of my debts, the proceeds of the said sale, with my bank stock, debts due me and money on hand be equally divided among all my children The part devised to my daughter Lucy to go to Sterling H. Tucker to be held by him in trust subject to the provisions and conditions of the devise herein before made for her benefit And I hereby nominate, constitute and appoint my sons Sterling H. Tucker & Edward B. Tucker executors to this my last will and testament I have not included my son Thomas as he is about to remove from the neighborhood I direct that no security be required of my executors and that there be no Inventory or Appraisement of my estate. In testimony of all and singular I have hereunto affixed my hand & Seal 26th day of July 1836.
I John Tucker do make ordain and constitute this codicil to be a part and parcel of my last will and testament 1st I give to my son Edward B. Tucker my land lying in Dinwiddie on Nottoway river purchased since the making of my will to him & his heirs forever 2nd I give to my son Thomas G. Tucker my negro woman Sukey with all the children she now has, and all her future increase from this date to him and his heirs forever. In the division of my slaves I do not wish any of my children charged with the slaves given them since the making of my said will 3rd I give all my books to be equally divided between my sons Edward & Thomas to them and their heirs forever. 4th Having lost my bank stock by the failure of the United States Bank of Pennsylvania it is necessary that I should make other provisions for the payment of my debts For that purpose I wish my my executors to sell all the crops on hand or growing at the time of my death, all my stock, with all my perishable property of every description, except my slaves and my books and the disposition made by my will of the said stock, crops and other perishable property is hereby cancelled and revoked. And should the property directed to be sold be insufficient for the payment of my debts then it is my will and desire that my executors sell my plantation called Spring field or so much thereof as may be necessary for that purpose But should the sale of my stock, crop and perishable property be more than sufficient for the payment of my debts, Then I give the surplus remaining after their payment to be distributed equally among my three sons Edward B. Tucker, Sterling H. Tucker, and John E. Tucker to them and their heirs forever. In testimony of all and singular I have hereunto set my hand and seal this the 13th day of January 1843. Signed by John Tucker, and witnessed by John Field, Jno. L. Wilkins and John J. Abernathy (by his mark).
Brunswick County Court March term 1843. This writing purporting to be the last will and testament of John Tucker decd. was produced in court by the executors herein named, and there being no subscribing witness thereto John Field, John Abernathy and Thomas M. Buford were sworn and severally deposed that they were well acquainted with the testator's hand writing and verily believe the said writing and the name thereto subscribed to be wholly written by the testator's own hand whereupon the said writing is ordered to be recorded. And the codicil annexed to said will was proved by the oaths of John Field, John L. Wilkins and John J. Abernathy witnesses thereto & also ordered to be recorded, thereupon on the motion of Sterling H. Tucker and Edward B. Tucker, the executors therein named, who made oath thereto according to law, and entered into and acknowledged a bond in the penalty of One hundred thousand dollars conditioned as the law directs (The will requiring no security to be given) certificate is granted them for obtaining a probat of said will in due form.
Will Book 14, page 4, Brunswick County, Virginia