This Is the will of William Fowlkes, dated August 18,1834. Included is our
ancestor, Martha A. Fowlkes Harrison. The will was found in Nottoway County Courthouse, Virginia by Ronda Wray Harris and Patricia Wray Vassilaros. It is Will #33 in the book titled Miscellaneous wills...!7?? - 1865”. This book is NOT on microfilm in Richmond Archives neither is it in the Salt Lake Family History Library microfilms, It was compiled by the present (1996) county clerk, Mr. James W King in the 1970’s when he found a drawer of original wills and inventories not previously copied into the large will books.
“Be it remembered, that, at a court held for Nottoway County, before the justices of the said county, at the courthouse thereof, on the fourth day of June 1835. A writing bearing date the eighteenth day of August, One thousand eight hundred and thirty four purporting to be the last Will and Testament of William Fowlkes and was produced in court by Edw. B. Fowlkes and William C. Fowlkes In order to be proved, which writing is in the word and figures following, to wit.
In the name of God, Amen. 1 William Fowlkes (Ind.) of the county of Nottoway and State of Virginia being of sound mind and memory, do make and ordain this my last Will and Testament in manner and form following, to wit: First. I desire that all my just debts be paid by my executors hereinafter named, ()my estate.
1st Item. I lend (?)to my wife Sally Fowlkes during her widowhood or life, the following negroes and other property, to wit, Big Dick, Asa Solomon Eliza Paul Elizajane Adam Branch Adelin Sylig Littlebush them and their future increase; also I lend (?) my wife Sally Fowlkes all my land lying on the east side of Rowlings church road bounded as follows by the Little Nottoway river to Theodorick Fowlkes’ line thence to Anderson (?) line thence to William Jennings line to the Mallory creek, up that stream to Roltings’ church road taking in my mill; also three choice work horses and ten head of cattle and one yoke of oxen and cart twenty head of hogs and twelve head of sheep also five feather beds and bedsteads & furniture, also the house hold and kitchen furniture Viz: one desk and bookcase one clock chairs chests tables etc. also as many of the plantations tools as my executor may think necessary for the use of the plantation, also I give unto my wife as much provisions as my executors may think necessary for her support until the next Christmas following.
2nd Item. I give to my daughter Tabitha Patten’s two children Martha Craddock formerly and Edward Patten one thousand dollars to be equally divided between them if alive, and if dead the money shall remain in my estate and be disposed of as my other property and the above named one thousand dollars to be their full portion of my estate my meaning in that if they are alive at my death they shall be entitled to the above one thousand dollars.
3rd Item. I give to my granddaughter Martha A. Harrison formerly Martha A. Fowlkes, daughter of my son Archibald Fowlkes an one thousand dollars to her and her heir forever it being her full portion of my estate and the above legacy to be taken out of my estate before a division.
4th Item. I give to my son Hiram Fowlkes, the following negroes, Viz: Booker, Diley, Mary Parker Mima which he has in possession it being his full portion of my estate.
5th Item. I give to my son Bass Fowlkes one negroman named Tom which he had in possession. I give to my son Bass Fowlkes’ children, Viz: Wm. A. Fowlkes, Edward F Fowlkes, Samuel H. Fowlkes, Nancy B. Fowlkes and Martha F. (Keaton?) their father’s portion of my estate as herein after described.
6th Item. I give to my son Edward B. Fowlkes one negroman named (Mordecai) which he has in possession.
7th Item. I give to my son Wm. C. Fowlkes one negrornan named Ben and one woman named Cindy which he has in his possession.
8th Item. I gave to my two sons (Opie or Ossie) Fowlkes and Ransom Fowlkes the following negroes Viz: (lsaber?) Vilett, lmey (?) Fancy Keziah (?) Peter and others which they had in possession.
9th item. I gave to my son Kennon(?) Fowikes the following negroes Viz: Ned Hardy Hagar Phillis Abbey Cetha Joe which he had in possession.
10th Item. I gave to my daughter Pamelia Fowlkes the following negroes: Joicy Martha Louisa Rachel Syfas(?) which she had in possession. I give to my daughter Pamelia Fowlkes’ children Viz: Nancy C. Fowlkes, Sally Fowlkes, Thomas C. Fowlkes andPamelia Fowlkes their mother’s portion of my estate or hereinafter(?).
11th Item. My will and my desire is that my seven last named children Viz: Bass Fowlkes, Edward B. Fowlkes, Wm. C. Fowlkes, Opie Fowlkes, Ransom Fowlkes, Kennon(? or Kenner) Fowlkes, Pamelia Fowlkes, at my death shall return back into my estate the negroes they received of me or the value thereof to the satisfaction of my executors hereinafter named to make an equal distribution with the residue of my estate which will be hereafter named between my said seven last named children and If either of them shouId refuse to comply with this my will, my desire is that they shall draw no part of my estate which I have in my possession now, or hereafter
12th Item. My will and desire is that all my land lying on the west side of Rowlings church road be sold or divided at the direction of my Executors and also my negroes all be sold or divided at the discretion of my executors. Viz: Elsa Cuff Ned Peter Little Dick, Abraham, David Simon Little Elsa Jackardy lsse(?) Boiling Henry Peter Miles Motley Iry Sam Manuel Peg NelIy Ann. Molly. Martha Ann. Sine(?) Lanner. Amanda. Nancy. James. Daniel. Harriet. Patience, Edmund. Sophia. Matilda. William. Parker. Sabin. Sinas. CiIIy. Cudy. Jennings. Susan. Winney. Joe also: all my personal estate of any descriptin shall be sold and the money arising from the sales of both real and personal to be equally divided between my seven last named children Viz: Bass Fowlkes and Edward B. Fowlkes, Wm. C. Fowlkes, Ossie Fowlkes, Ransom Fowlkes, Kennon Fowlkes and Pamelia Fowlkes and; also all the land negroes and other property that was loaned to my wife Sally Fowlkes shall be sold for divided at the discretion of my Executors, whenever she marry or die and the money arising from the sale to be equally divided at the discretion of my Executors whenever she marry or die and the money arising from the sale to be equally divided between my seven last named children. Viz: Bass Fowlkes, and Edward B. Fowlkes, Wm. C. Fowlkes, Ossie Fowlkes, Ransom Fowlkes, Kenner Fowlkes and Pamelia Fowlkes and also; my will and desire is that the part that would fall to.my son Bass Fowlkes and out of my estate to be equally divided between his five children. Viz: Wm. A. Fowlkes, Edward F. Fowlkes, Samuel H. Fowlkes, Nancy B. Fowlkes, and Martha E. Keeton. And that portion which shall fall to Nancy B. Fowlkes to be by my executors put into the hands of my son Edward B. Fowlkes to be used by him according to his discretion for the use and benefit of her and her children during her life and at her death to be equally divided between her children as they come of age or marry. Viz: when a child comes of age or marry, that child to receive his or her portion; also my will and desire is that the portion of my estate that would fall to my daughter Pamelia Fowlkes and shall be equally divided between her four children Viz: Nancy C. Fowlkes, Sally Fowlkes, Thomas C. Fowlkes, Pamelia Fowlkes.
13th Item. My desire is that my son Wm. C. Fowlkes shall have a negro woman Anne as an extra legacy at my death.
14th Item. It is my will that no appraisement be made of my estate and that my executor shall appoint commissioners to divide the estate if they see cause and think my executors (?) be compelled to give security for their executorship. This section is not intended to dispense with the taking of an inventory. My desire is that the eleventh item shall have its force.
Lastly. I do hereby appoint my sons, Edward B. Fowlkes and Wm. C. Fowlkes executors to this my last Will and Testament hereby revoking all other Wills by me heretofore made. In Witness whereof I have here unto set my hand and seal this eighteenth day of August One thousand eight hundred and thirty four.
Abner W Cabaniss
Branch A. Fowlkes
My meaning and intention is I lend my wife Sally Powlkes during her life or widowhood my mill xxxxx
5/ William Fowlkes (seal)
Abner W Cabaniss
Branch A. Fowlkes
And the same being contested by Hyrum Fowlkes was continued (?) for proof until the next court. And at a court held for the said country, before the Justices thereof, atthe courthouse, on the 6th day of August, 1835, the writing purporting the last will and testament of William Fowlkes, and heretofore presented for proof, was again produced in court. Whereupon came xxxx Edward B. Fowlkes and William C. Fowlkes (executor, therein named who presented the same for proof) as Hiram Fowlkes (who offered the said motion) by their attornies, and sundry witnesses being sworn and examined touching the said writing. The said motion was continued until nine o’clock the next morning.
And at the same court continued by adjournment and held at the courthouse on Friday, the 7th day of August, 1835. The writing purporting to be the last will and testament of William Fowlkes and bearing date the 18th day of August 1834 was again produced in court by Edward B. Fowlkes and William C. Fowlkes, the executors therein named in order to be proofed. And Hiram Fowlkes appeared in court and opposed the proof of the said will. Whereupon diverse witnesses were sworn and examined, and a letterfrom the said deceased to the said Edward B. and William C. Fowlkes read. And theparties aforesaid by their Counsel fully heard. On the consideration whereof it is the opinion of the court, that the same William Fowlkes, deceased, at the time of executingthe writing aforesaid dated the 18th of August 1834, the codicil thereto annexed was of sound and disposing mind and memory, and that he was under no undue influence.And Abner W Cabanis, Theodorick Fowlkes, Branch A. Cabanis, and Martha Cabanis these subscribing witnesses to the said will and codicil, having testified in court that. the said William Fowlkes signed and published the same in their presence as and for his last will and testament that they subscribed their names as witnesses thereto in thepresence of the said testator and at his request and that the said testator was of sound sense and memory as far as they knew or believed. Therefore it is [ordained?] thatthe said writing of the 18th of August 1834 be recorded as the last will and testament of the said William Fowlkes deceased. From decision of the court, the said Hiram Fowlkes prays for and has come to appeal to the first day of the next circuit superior court of law and chancery to be holden for this county. Whereupon the said Hiram Fowlkes, with John H. Hawkins, his security, entered into and acknowledged a bond in the penalty of $200 conditional according to law.