Will of Martha Simmons

Submitted by David Clark Dorsey

Return to the VAGenWeb Mecklenburg Co. Project


Will of Martha (Hutcheson Phillips) Simmons
June 2, 1849, Proved Aug. 19, 1850   Mecklenburg Co. VA WB 17 p. 173 -174
{Not final proof}
 
In the name of God Amen. I Martha Simmons do make this my last will and 
testament in manner and form following  To wit 
It 1 It is my will and desire that my just debts and funeral expenses first be paid 
and that the whole of my estate be sold on such terms as my executors shall 
think best and the proceeds there from together with all moneys due me or in my 
possession to be divided into seven equal parts.  One part there o to be divided 
between the children of my son Charles C. Phillips to them and their heirs forever. 
one other part or moiety I give and bequeath to my daughter Martha H. Walker 
one other part to my daughter Susan F. Holmes. one other moiety to be equally  
divided between the children of my deceased daughter Jane E. Cradox. one other 
part I give to my son Albert H Phillips to him and his heirs forever. one 
other part I give to my daughter Lucy S. Hutcheson one other part or moiety 
I give to my son James W. Simmons to him and his heirs forever.  It is my 
will and desire that the whole of my estate be equally divided between all my 
children as above stated but should any children and their heirs claim 
and recieve the (slaves) which I received of my father with their increase 
and include my son James W. Simmons as an equal distributee with them 
in the division of said slave property then and in that event it is my 
will and disire and I do hereby order and direct that my executors shall 
first out of the moneys arising from the sale of my estate pay one to my 
son James W. Simmons an amount equal to the  value or portion that either 
one of my said children by Dabney Phillips shall receive in the division of 
of said slave property then the residue of my estate to be divided into seven 
equal parts and divided as above stated and divided the slaves referred to 
as received of my father are Lewis & Peter and Nelly and their increase 
now in my possession  Lastly I do hereby nominate and appoint Richard 
E. Walker and James W. Simmons Executors to this my last will & testament 
signed and acknowledged this second day of June 1849 
in the present of                                              Martha  (her mark) Simmons
Charles S. Hutcheson       (Interlined before signed)
Thomas S. Ryland 
Robert M. Hutcheson
 
At a court held for Mecklenburg County the 19th day of August 1850 
The foregoing last will and testament of Martha Simmons decd was this day 
produced in open court and proved by the oaths of Thomas S Ryland and 
Robert M Hutcherson two of the said subscribing Witnesses thereto and the 
said will is ordered to be recorded and at another court held for said 
 
(Mecklenburg Co, VA WB 17 p.174)
 
County on the 16th day of September in the year aforesaid  The said 
Will was again produced in court and on motion of James W 
Simmons one of the Executors named in the said will who made 
oath thereto and together with Charles S Hutcherson and Robert M 
Hutcherson his securities entered into and acknowledged their Bond 
in the penalty of Seven thousand Dollars conditioned according to 
Law.  Certificate is granted him for obtaining a probate of said 
will in due form -  Liberty is reserved for the other executor 
named in the said will to join in the probate when he shall 
think fit.                                                                    Teste.    Richard B. Baptist
Executor Bond for Martha Simmons Estate  Oct. 21, 1850 
                                                                      Mecklenburg Co. VA WB 17 p.190
 
Know all men by these present that we Richard E. Walker, Robert A.
Walker and Charles R. Walker are held and firmly bound unto the Common-
-wealth of Virginia in the sum of Seven thousand Dollars to pay which
we bind ourselves, our heirs  __    jointly and severally firmly by these
present sealed with our seals and dated this 21st Day of October 1850
The conditions of the above obligation is such that if the above bound
Richard E. Walker Executor of Martha Simmons decd. shall faithfully
discharge the duties of the said executor according to law then the above
obligation to be void otherwise to remain in full force and virtue.
 
                                                                     Richard E. Walker    seal
                                                                     R. A. Walker            seal 
                                                                     Ch R. Walker            seal    
 
 
 
 
Mecklenburg County Court October Term 1850
This Bond was acknowledged by the obligators thereto and ordered to be 
recorded.
                                                         Test. R.B. Baptist
 
Executor Bond for Martha Simmons Estate  Sept. 15, 1850
                                                                         Mecklenburg Co. VA WB 17 p 232
 
Know all men by these present that we James W(H). Simmons, Charles S. Hutch-
-erson and Robert M. Hutcherson are held and firmly bound unto the Common
wealth of Virginia in the sum of Seven thousand Dollars to be paid to the said 
Commonwealth to which payment will and truly to be made we bind our-
-selves, our heirs Executors and administrator jointly and severally firmly by
these present sealed with our seals and dated this 15th (or 16th) day of September 1850
    The conditions of this obligation is such that whereas the last 
will and testament of Martha Simmons has been admitted to record and
James H. Simmons the Executor therein names having taken upon himself
the burden of the Execution thereof  now if James W. Simmons executor as
aforesaid shall faithfully discharge his duties as executor then this oblig-
-ation  to be and otherwise to remain in full force and virtue.
 
                                                                              James W. Simmons           seal
                                                                             Charles S. Hutcherson       seal
                                                                             Robert M. Hutcherson       seal
Mecklenburg County Court September Term 1850
This Bond was acknowledged by the obligators thereto and ordered to be recorded.
                                                         Test. R.B. Baptist
=====
Account Martha Simmons Estate                                                       
                                                       Mecklenburg Co. VA WB 17 p. 233

Richard E. Walker
3 pr sheets
3.00
 
Ditto
1 pr pillow shams
0.18
 
Ditto
_____________
0.19
 
Ditto
2 Diaper ______
0.20
 
Ditto
1 Rocking Chair
4.30
 
Ditto
3 sitting Chairs
1.70
 
Ditto
1 Bucket & Pan
0.18
 
Ditto
1 ___________
0.25
 
Ditto
1 Walnut Chest
5.00
 
Ditto
1 Desk
5.00
 
Ditto
1 ___________
0.43
 
 
 $
5.18
 
 
 
 
 

                                                                      J H Simmons
                                                                        R E Walker    Exec
 
Mecklenburg County February Court 1851
The foregoing account of sales was this day received in open court and
ordered to be recorded
                                                Test.    Richard B. Baptist C
 
 =====     
 
  Inventory and Appraisal Martha  Simmons  
                                                                   Mecklenburg Co. VA WB 17 p ____
 
Mecklenburg County Virginia  30th October 1850
Inventory and Appraisement of the Estate of Martha Simmons
Deceased

Bed    No. 1  $18.00,   No. 2 do $ 15.00

 

33.00

2 White Counter_____  $3.50 1 do chick $1.00

 

4.50

3 Bed Blankets $ 3.50  3 pair of sheets  $ 3.00

 

6.50

1 Pair Pillow Cases 13cnts   3 flax Towels   19cnts

 

0.32

1 Diaper Towel 13cnts   1 better Towel 7cnts

 

0.20

1 Rocking Chair              

 

7.50

3 setting Chairs $1.20    one Bucket and pan 18cnts  

 

1.38

1 Chamber pot 25 cts.  1 Walnut Chest $ 2.00   

 

2.25

 1 Desk $ 5.00    1 Spit Box 30cnts  3 silver spoons 13cnts

 

6.63

 

 

$61.08


Agreeably to the annexed order we the undersigned have ____ded to 
appraise the Estate of Martha Simmons Deceased and ______ as above.
                                                                          James B_______             
                                                                           Sanford B_____
                                                                            __  __  Hutcherson           
 
An account of sales of the property of Martha Simmons deceased
Made by R E Walker        J W Simmons  
 

Transcriber's note:

There are more accounts to be looked at, the total for the numbers do not add up correctly.