Martin: Freedom Suit, Bedford County
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In the name of God Amen I Addison Davies of the town of Lynchburg being in very low and uncertain health but of sound disposing mind and memory have thought it proper to prepare myself against the hour of death which sooner or later inevitably comes to all by making this my last will and testament in which I have disposed of my estate in a manner most consonent to my Ideas of justice and equity omitting none of my relations who may hereafter need the aids of property and witholding it from those only who are well provided for in that way already In the first place my will and desire is that my executors pay all my just debts and faithfully fulfill all my contracts of what nature so ever whether they are compatible by law to fulfil them or not for which purpose should my personal estate be insufficient my executors are authorised to sell my house and lots this town my tract of mountain land known by the name of the Rich mountain tract in Bedford County and my interest in the land belonging to my fathers estate in Campbell which interest is two undivided ninth parts of the said land
Secondly, I give and bequeath to my beloved wife Eliza Ann Davies for and during her natural life one half of all my real estate either legal or equitable with the remainder to such issue as she may have by me in fee simple
Thirdly, if my said wife should have such issue by me then I give and devise to that issue the other half my real estate either legal or equitable in fee simple
Fourthly, if my wife should die without issue by me then I give and devise the estate I have devised to her in the second article to my brother Howell Davies and his heirs upon condition that he relinquish all claims whatever upon my estate
Fifthly, if my said wife should have no issue by me then the half of my real estate as given to such issue in the third article I give and devise in the following manner one moiety thereof to Robert S. Coleman and Mary T. Coleman his wife and their heirs upon conditions that if my mother should desire it they shall live with and take care of her during her life or as long as they or either of them shall live If my mother approves this plan then I give and devise to her the other moiety of said half of my real estate to be disposed of as she thinks proper with request however that at her death she will leave to Lucy Henry Sandonia Cobbs my niece fifteen hundred dollars if she shall have so much of the said bequest undisposed of. But if my mother should not approve this plan then I give and devise to her the whole moiety of the real estate bequeathed to my eventual issue during her life with the remainder of two thirds of the moiety to Robert S. Coleman and Mary T. Coleman his wife and their heirs upon condition that the said Coleman shall attend to my mothers business during her life or as long as he lives should she survive him and upon condition also that he shall pay to Lucy Henry Sandonia Cobbs one thousand dollars upon recovering this estate and with the remainder of the other third to my nephew Emmet Manson or in case of his death to the eldest surviving child of Nathaniel Jellanson upon condition that the said Nathaniel Jellanson shall attend to any business with which my mother may entrust him and upon condition also that the said Nathaniel Jellanson shall pay to Lucy Henry Sandonia Cobbs five hundred dollars when this estate falls to his son or child