Last Will and Testament
of
Martin Tucker

I, Martin Tucker, of the County of Powhatan in the State of Virginia being of sound mind do make this my last will & Testament as follows: I appoint my friends Dr. Jno. B. Harvie & Col. Henry L. Hopkins the executers of this my last will and I request Dr. Harvie to give his personal attention to the management of my property during the life of my wife Mrs. Rebecca A. Tucker if he be living when I die & if he should not be living at my death I request Col. Hopkins to attend to the said property until my wifes death. I give to my friend Jno. B. Harvie the use of my man Chester a Black smith during the life of my wife on condition that the said Dr. Harvie shall take the said Negro Chester & my blacksmiths tools to his house at my death & allow my wife during her life such portion of the profits of Chester's actual labour as he & she may agree in either by paying hire to her or allowing her a portion of accounts for the work he does And if the said negro man Chester be living when my wife dies I give him to Dr. Harvie as his absolute property and if Chester be dead when my wife dies then I give my negro man John to Dr. Harvie. I give to my wife Rebecca A. Tucker during her life all my estate real & personal after the payment of my just debts & I desire that my executors shall sell such property as my wife may think she can best spare to pay my debts. After the death of my wife I give to the General Baptist Association of Virginia fifty dollars to be paid to the Treasurer of said society. And I also give fifty dollars to the Virginia Foreigh Missionary society to be paid to the Treasurer of said society. I give to Danl. W. Tucker three hundred dollars but if said Danl. W. Tucker should charge any thing for his services while he lived with me then such sum as he shall charge shall be taken out of the three hundred dollars above bequeathed to him. I give to my sister Martha Jordan my negro girl Ellen and her natural increase to dispose of as she may think proper. The family grave yard now owned by me I desire not to be sold but to be kept under a suitable inclosure as a family grave yard forever. The fish pond now owned by my friend Dr. Harvie & myself must never be cut down[?] without Dr. Harvies consent. And after the death of my wife & paying & delivering the specified legacies as above directed I give all my estate real & personal to my Sister Martha Jordan during her life or widowhood and at the death of my said sister Martha Jordan I give all my said estate equally to be divided between my brothers & Sisters except my brother William who has no children does not need any assistance from me & if any of my brothers & sisters be dead when my sister Martha Jordan dies then the heirs of such sister or brother shall divide equally such portion of my estate as said brother or sister would have taken under this bequest had he or she been living at my said sisters death. But such portion of my estate as under this will may go to my sister Jane O. Toney must be divided between Sarah Jane Tucker and Sarah Jane Stratton & their heirs. And I hereby revoke all other wills or parts of wills or codicils heretofore made by me and have hereto subscribed my name this 7th day of July 1856. Signed Martin Tucker and witnessed by William Old, Jr., and Charles Old. N.B. Whereas I have given to my friend Dr. Jno. B. Harvie in the above will my man Chester & he having been disabled so that he cannot work in the blacksmiths shop I give to him the said Jno. B. Harvie my man John in the place of my man Chester. And whereas I have become security for Tho. E. Talbott to a bond due his brother Jno. Talbott, if  I should have to pay my portion of the bond which I am bound for then in that case I desire that my Exor. should pay to each of the children of sister Page Talbott and their heirs out of the property which I have will to sister Page Talbott equal in amount to that I have paid for Tho. E. Talbott before the property is divided. Signed Martin Tucker. At a Court for Quarterly session begun & held for Powhatan County at the Courthouse thereof on Monday the first day of February 1864. The foregoing last will & Testament of Martin Tucker decd. was presented in Court & proved in due form by the oath of Wm. Old, Jr. & Charles Old subscribing witnesses to the same and ordered to be recorded & a Codicil annexed to the said will & thereafter written was proved to be wholly in the handwriting of the said Martin Tucker decd. by R. F. Graves & Hilary Harvie who were sworn & examined[?] by the Court & also ordered to be recorded to be recorded with the said will as the last will & Testament of the said Martin Tucker decd. And on the motion of Jno. B. Harvie one of the Exors. named in the said Will who made oath thereto according to law & with Ben. W. Finney & Wm. Old, Jr. his securities who made oath as to their sufficiency entered into & acknowledged a bond in the penatly of Forty five thousand dollars conditioned as the law directs certificates is granted him for obtaining a probate of the said will in due form And H. L. Hopkins the other Executor named in the said Will by his not (sic) in writing this day filed refused to qualify as such.

Will Book 16, page 163, Powhatan County, Virginia.