I Martin Tucker Senr. of the county of Powhatan do make this my last will and testament in manner and form following to wit, I give to my daughter Jane Oliver Toney five dollars current money in addition to what I have already given her to her and her heirs forever. I give to my daughter Rebecca Adams and to her heirs forever one negro girl named Rose and her future increase. I give to my daughter Martha Jordan and to her heirs forever one negro girl named Sally and her future increase. I give to my daughter Ann B. Adams and to her heirs forever one negro girl named Caroline and her future increase. I give to my daughter Page Tucker and to her heirs forever one negro girl named Ma__ and her future increase. I give to my son S. Peyton Tucker and to his heirs one negro girl named Julia Franklin and her future increase. I give to my son Martin Tucker Junr. and to his heirs forever one negro boy named Chester. I give to my son William F. Tucker and to his heirs forever one negro boy named Billy. I give to my wife during her life or widowhood, all the rest and residue of my estate real and personal after delivering over the specific legacies above mentioned and after the payment of all my just ____ debts and I desire my executor to sell such portions of my personal estate for the payment of my debts as my wife may think she can best spare for that purpose. And whereas I have made conveyances to my sons for portions of my tract of Land to wit, to S. Peyton and Martin for one hundred acres each and to William F. for fifty five acres all which have nevertheless as yet remained in my possession and it is my wish and desire that the same may be left by my sons in the possession of my wife, during her life or widowhood But should my said sons or either of them or any person claiming under them or either of them takes actual possession of the land so conveyed to them during their mother's widowhood then the negro or negroes herein before bequeathed to such son or sons shall pass to and be divided among all my daughters or their heirs in the same way as if the said negro or negroes had been expressly bequeathed to them by this will. And in case my said sons shall permit their lands to remain in my wifes possession during her widowhood as aforesaid to my sons shall after the death or marriage of my wife be equally divided among my sons S. Peyton Martin and William F. Tucker, agreeably to quality and quantity in the same way as if no conveyances had ever been made to them That is either of my sons should refuse to consent to this arrangement and should claim the portion of land conveyed to him by deed then I direct that the land now owned by me shall be so divided as to make each sons portion of my land when added to his as nearly equal with my other sons in quality and quantity as p___. The personal property given to my wife during her life or widowhood I direct to be equally divided after her marriage or death between all my daughters and their heirs forever And should either of my children die without having had a child or children lawfully begotten it is my will and desire that the portion under this will of such child so dying shall descend and pass to the rest of my children or their heirs in the same manner if it was herein and hereby expressly devised or bequeathed to them And lastly I appoint my sons S. Peyton Tucker, Martin Tucker Junr. and William F. Tucker and my friend Wm. S. Dance to execute this my will and revoking all others I have hereunto set my hand and affixed my seal this Seventeenth day of February in the year one thousand eight hundred and Seventeen. Signed by Martin Tucker and witnessed by John White and Susan White.
At a Court of Monthly Sessions ____ ____ for the county of Powhatan on the 18th day of October 1827 The last will and Testament of Martin Tucker Senr. deceased was presented in Court and was proved by the oath of Susan White a subscribing witness thereto and was continued for further proof William S. Dance one of the executors named in the said will appeared in Court and relinquished his right to qualify as such And on the motion of Martin Tucker Junr. another of the executors therein named who took the oath prescribed by Law and entered into bond with _____ conditioned as the law directs a certificate is granted him for obtaining probate of the said will in due form. And at a Court of Quarterly Session held __ for the said county on the 15th day of November following, the said last will and testament was presented in Court and was further proved by the oath of John White another subscribing witness thereto and thereupon the same was ordered to be recorded.
Will Book 7, page 484, Powhatan County, Virginia.