Submitted by Kathy Turner December 30, 2010
Mecklenburg Co., VA Will Book 8, p. 317:
T. Marshall's will: On the 29th of October 1816 Clement Read was sent for by Theopilus Marshall now deceased & when he arrived there the decedent told him that he had been very unwell for some time & that he was very unwell then and was more so the overnight and said he thought he had best make his will as he had a choice how his property should go and then requested the said Read to make his will who told him that he had not pen and ink, but that he would go to Mr. Anderson Paschalls and get him, who was better acquainted with doing such business, to write it for him. The decedent told said Read then that he was considerably in debt and that if it took his moneyed Estate to pay his debts he wished his brother William Marshall to heir his negroes and went on to say that said Read could write it is his absence to which Read replied he had rather he was present and that he would go to Pascalls and return immediately. The decedent the (sic) said he felt a little better and that ride to Mr. Russell and that if he felt himself any worse he would send for Read immediately. This was at the own house and home of the said decedent and during his last illness said Read then went home and on the 12th or 13th of November 1816 the said decedent sent for him and he went with Mr. Anderson Paschall to the house of the said decedent and then after asking him how he was, asked him about making his will to which the decedent replied, let me get a little easier, this was Tuesday late in the date from that time until the next evening he frequently called upon said Read and once observed he wished to talk to him and in the evening of that day died, 18 November 1816.
On the 9th of November 1816 Nancy Toon who lived in the house of Theopilus Marshall decd states that the said decedent told her that he wished his negro property to belong to his brother William Marshall and as to his moneyed Estate after paying his debts, he wished the balance to be equally divided between Richard Johnson and her, Nancy Toons (sic), children, and the decedent further stated that he wished the children's money put out on interest until they arrived at age.
Nancy Toon (her mark)
At a Court held for Mecklenburg County the 19th day of May 1817
This writing purporting the noncuperative will of Theopilus Marshall decd was proved by the oaths of Clement Read and Nancy Toone and two other witnesses also that the said decedent was of sound mind and twenty one years of age (sic) ordered that the said writing be admitted to record as the will of Theopilus Marshall decd.
And on the motion of Anderson Paschall who made oath thereto and with Clement Read and William Marshall his securities entered into and acknowledged their bond in the penalty of twelve thousand dollars conditioned as the law directs certificate is granted him for obtaining letters of Administration with the will annexed in due form.
Teste Edwrd L. Tabb Ct. Clk(?)