Cumberland County Court House, Virginia
9 March, 1805; 22 July 1805
I Jesse Thomas of Cumberland County do make and publish this my last will and testament hereby ordaining all other and former wills void and of no effect.
1st I will and direct my Executrix and Executor or either of them sell as they may see fit the land of the plantation whereon I now live and the proceeds of the same with a further sum not exceeding L400 be in a tract or tracts of land laid within the state of Tennessee which said land so purchased shall be to the use of my wife Mary Thomas during her natural life with the privilege of making? such labourers as I shall provide for her by this will or the same and at her death that the said land be equally divided between my sons John Thomas, Anthony Hoggett Thomas and Nathaniel Hoggett Thomas to them and their heirs forever. It is my will that each of my said sons John, Anthony and Nathaniel as they arrive of age they be allowed to the benefit of sitting on one hundred acres each of the said land during the lifetime of their mother Mary Thomas and make such improvements as they shall see fit which is not to be considered as in the state they receive the same which improvements so made shall be on that part which will include his equal third part at the death of my wife.
2nd I give my tract of land whereon Job Howell Thomas now lives which is that remaining part of a tract I purchased of Willis Wilson’s to be equally divided between my sons Job Howell Thomas and Phinehas Thomas to them and their heirs forever.
3rd I give to my daughter Betsy Wilkerson two negroes Cuff and Judy which they have in their possession to her and her heirs forever.
4th I give to my daughter Nancy Scruggs two negroes Keziah and Ned which she has in her possession to her and her heirs forever.
5th I give to Job Howell Thomas old negro Charles and 200 dollars to him and his heirs forever.
6th I lend to my daughter NELLY GLOVER Joe, Sall, Reuben, Agg, Charles and Davy during her life and at death I give said negroes Joe, Sall, reuben, Agg, Charles and Davy with their increase to be equally divided between her children to them and their heirs forever.
7th I give to my son Jesse Wood Thomas one negro Ned which he has in his possession to him and his heirs forever.
8th I give to my son Phinehas Thomas two negroes York and Joice to him and his heirs forever.
9th I give to my daughter Jenny Thomas two negroes Charity and Franky and to her and her heirs forever.
10th I give to my daughter Polly Thomas two negroes achel and Agga daughter of Gill to her and her heirs forever.
11th I give to my son John Thomas two negroes John and Manuel to him and his heirs forever.
12th I give to my daughter Porcia Thomas two negroes Nancy and Sall to her and her heirs forever.
13th I give to my son Anthony Hoggett Thomas three negroes Johnson, Sophia and Corsia to him and his heirs forever.
14th I give to my son Nathaniel Hoggett Thomas three negroes Pleasant, Henry and Clara to him and his heirs forever.
Lastly I lend to my wife Mary Thomas during her natural life the following slaves to wit Johnson, the older, Frank, Dick, Bob, Walt, Jim, Sam, George, Sampson, Jacob, Gill, Dinah, Jude, Alse, Molly and Betty and all the rest and residue of my estate of whatever it may consist subject to the payment of my just debts and the support of my aged mother in the most comfortable way to her with such of the aforesaid children as are single and unmarried who choose to remain and enjoy the comforts of her house in common so long as they are single or my wife Mary Thomas shall live and at her death I will and direct that the estate lent to my wife Mary Thomas except the land be equally divided among my following children to them and their heirs forever Nancy Scruggs, Job Howell Thomas, Phinehas Thomas, Jenny Thomas, Polly Thomas, John Thomas, Porcia Thomas, Anthony Hoggett Thomas, Nathaniel Hoggett Thomas.
It is my last will and desire that my wife Mary do remove the said property to the state of Tennessee where it is directed for the proceeds of land I now live on to be laid out for her use and benefit set forth in the first clause of this will. I do nominate and appoint my said wife Mary Thomas executrix my son Phinehas Thomas and my son in law Finch Scruggs executors to my last will and testament request and requiring that the court will not hold them or either of them to bond or security for the discharge of their duty. In testimony whereof I have this 9th day of March, 1805 set my hand and affixed my seal in the presence of Willis Wilson, James Matthews, Elijah Glover.
Be it further remembered that in my will that each of the aforesaid unmarried children shall be furnished with a bed and furniture at their marriage or when they shall see fit to leave their mother. Reuse as witness my hand and seal this day above written W. Wilson, James Matthews, Elijah Glover. Jesse Thomas – seal
Memorandum – This 4th day of May 1805 by way of codicil to this within last will and testament which is to be taken and considered as a part of the written will that is to say it is my will and desire that Jesse Wood Thomas, Betsy Wilkerson and Nelly Glover shall be entitled to and receive an equal proporation with the rest of my within named children of that part of my personal estate but my wife Mary which is directed to be divided at her death and that part which shall be allotted to Nelly Glover I lend to her during her natural life and at her death to be equally divided among her children in testimony whereof I have this day affixed my hand and seal in the presence of N.B. the word *personal interlined before signed and signed by W. Wilson, Elijah Glover and Jesse Thomas – seal –
Cumberland July Court 1805 – 22nd – This last will and testament of Jesse Thomas was exhibited in court and proved by the witnesses thereto and ordered to be recorded and on the motion of Phinehas Thomas one of the executors therein named, certificate is granted him for obtaining a probate thereof in due form he having taken the oath according to law. Liberty is reserved the other executrix and executor to qualify when they think fit. Sam Hobson, clerk. * The word personal as contained in the phrase “receive an equal proportion with the rest of my within named children of that part of my PERSONAL estate” had a line marked through it.