I, Hugh Caperton of the County of Monroe and State of Virginia (born 17 April 1781) do hereby make this my last will and testament in the manner and from following to wit
1st I give to my son Lewis E. Caperton and his heirs forever one bond executed by Guy D. French, Isaac French and David French to me for the sum of six thousand dollars dated 1846 payable the first day of January 1848 bearing from the first day of January 1847 also the following slaves: Henry, Sleagle, Tom, Steenbergen, Ellen and her children, Vincent, Louisa, Burke and Emily, Frances (the daughter of Lewis Tutwiler) Lucy, Amantha, George and David. Also one carriage and four Grey horses and wagon to be made at my smith's shop, one bed, old Ravenna? Furniture, thirty sheep and five cows (note: a claim may be made against the slaves Lucy, Amantha and David above named, if so my said son Lewis E. Caperton will have to pay it). I also give to my said son Lewis E. Caperton my four lots in the town of Union which were this day conveyed to me by Allen T. Caperton and together with their apportion and also for the use of my five lots situated in said town lying west of the lots of Augustus A. Chapman, until my Executor herein after named shall sell them.
2nd I give to my three grand daughters Sarah Jane Steenbergen, Mary Caroline Steenbergen and Malinda Steenbergen, daughter of William Steenbergen and daughters of my daughter Elizabeth (now Elizabeth Rude) the following slaves: Monica and her four children, namely, Mary Frances, George, Hannah and Robert; also Fam? and her child called William Henry, also one thousand dollars each to be paid to them in cash, bond or Negroes by my Executor herein the last mentioned legatee's die before the first day of January 1850 then it is my will that the legacy or legacies hereby bequeathed go to the survivors or survivor.
3rd I give unto my son Allen T. Caperton this house forever, the tract of land wherein I now reside called Elmwood together with its appurtenances containing four hundred and seventy acres comprised of several tracts as follows-the land deeded to me by Michael, Alexander, Michael Erskine Senior, Michael Erskine Jr. and Alexander Erskine, the tract called Paradise, the Remburn tract, the Prentice Spring or Smith Houses places including the house and shop, also a part of the university tract beginning at the gate of the Smith Shop on the great road and following the road to the university to a point opposite the little meadow fence near to the line of John Dickson and then running with the fence a west course to Dickson's line thence with Dickson's line to Shanklins branch thence with the great road to the Beginning. Also all my household and kitchen furniture of every description except one piano, one carriage and three beds and their furniture. I also give to my said son Allen T. Caperton my riding horse (Ajax) four oxen and Van (the mule) together with such wagons and other farming utensils as are now on the premises above willed to him the above bequest is independent of the advancements that I have heretofore made to him.
4th I give unto Oliver Beirne for the benefit of my three grand children but entirely at his disposal, my store house and lot in Union together with the house and the joining lot of William B. Crebs, together with their appurtenances, conditioned that should my Executor herein after to be named choose to pay to the said Oliver Beirne, the sum of three thousand five hundred dollars in cash, bonds or Negroes within one year after my death and keep the said houses and lots, he is at liberty to do so. Also I give to this said Oliver Beirne for the use and benefit of my said three granddaughters one house and lot in the town of Lewisburg called the Bowling House and one lot adjoining the same, containing two acres and one other adjoining same containing twenty acres, also the one undivided half of a lot in the town of Lewisburg owned by myself and James L. Woodville called the Lumbard Grove, also the sum of three thousand dollars to be paid to them by my Executor hereinafter to be named on the first day of January 1850 for the aforesaid in cash, bonds or Negroes.
5th I give to my son William G. Caperton my mulatto named Lewis Tuckwiller and his wife Emily and their four children namely, Charles, Mary, Alfred and Floyd; one black boy called Charles Matt; one black man called Aaron; one girl called Mary; one sorrel mare and colt (now in his possession); one cow; one bond which my said son executed to me for the sum of two thousand dollars dated 7th November 1847; one other bond executed by my said son for the sum of thirteen hundred and forty dollars dated 7th November all of which are now in his possession. The above is independent of advancements heretofore made to him in all making about twenty thousand dollars.
6th I give to my son John Caperton the following slaves: George Caruthers $500; Sam Hays $600; Chapman $600; Henry $600; Baterks?? $600; John Arthur $600; Frances $500; Amanda $450; William, her son $150; Ann $450; Lucinda her child, John $250; Lucy $150; Ann's youngest child $700; Harrison $500; Sally Dickson $400 and her three children namely Ann $200, Isiah $200, her youngest a boy $100; Phebe $400; her two children John Lewis $300 and Albert Henry $150. I also give to my said son John Caperton the sum of two thousand five hundred dollars to be paid to him by my Executor in money or good bonds. The foregoing bequest together with advancements heretofore made to him estimated at twenty thousand dollars.
7th I give unto my daughter Mary Jane Echols my plantation called the Donnelly place situated in the sinks in Monroe County joining the lands of Matthew Scott and others including the Hawkins land, containing in all about three hundred and twenty acres with its appurtenances. Also one Negro girl called Paulina, one bed with its furniture and two young mares such as my Executor shall select. Also three thousand dollars, which is to be, paid to her on the first day of January 1850 by my Executor in cash, bond or slaves. I have also given to my daughter advancements totaling six thousand, four hundred dollars and thirteen cents, cash one hundred fifty dollars; the following slaves: Jake and Aggie at $500; Henderson at $1000; Betsy Miller at $450 and her three children named Aggy $300, Tilden $250 and Betsy $200; Beverly $600; Ulinny $500. Also one black mare and colt $80; one dark chestnut filly $60; one sorrel mare $60; one bay mare $50; one roan mare $60 which together with the provisions herein contained amount to about fifteen thousand dollars.
8th I will and bequeath unto my son Hugh Caperton my three lots upon which the Tavern is situated in the Town of Union now in the possession of John W. Lanius with all the personal property which may be upon the same at my death including household and kitchen furniture (that is that portion which belongs to me of right) estimated at eight thousand dollars. The above is independent of advancements heretofore made to him of $13,657.31 making in all the sum of twenty one thousand, six hundred and fifty seven dollars thirty one cents.
9th I give to my daughter Sarah Ann Caperton my plantation comprised of the following tracts to wit: the blanace of the University plantation lying on the south side of the road leading to the Sweet Springs from Union; the lands adjoining the same lying between the University and the Honaker lands; all the Honaker lands; the Whitcomb or Ben Berry place; including a small piece bought from John Shirey down to the mouth of the lane between Dunlop and Shirey or in lieu of the above tract of land at the discretion of my Executor, the Plantation called the McNull place including the Robinson place and the Mastin place containing in all about eight hundred acres subject to the following conditions that is to say that my Executor shall have the control and possession of the said plantation and its appurtenances free of charge until the said Sarah Ann shall marry; conditioned that my said Executor shall support and clothe the said Sarah Ann until the happening of such event or her death; should my Executor choose to pay the said Sarah Ann Caperton at her marriage the sum of twelve thousand dollars in bonds, Negroes, or cash in lieu of the said plantation he has the privilege of so doing. I also give to my said daughter Sarah Ann one Negro girl called Mildred, my piano, one bureau and one bed with its furniture. I also give to her one thousand dollars be paid to her on the first day of January 1850 in cash, bonds or Negroes by my Executor. The above is independent of one thousand dollars heretofore advanced to her making in the aggregate about fifteen thousand dollars. It is my desire that the whole of the foregoing bequest to my daughter Sarah Ann be subject to the control of my Executor until her marriage.
10th I give to my son George Henry Caperton one of the plantations named in the ninth bequest herein to be allotted to him by my Executor together with its appurtenances, to be kept in the possession and to be used and enjoyed by my Executor free of charge until my said son George henry shall arrive at the age of twenty one years, conditioned that my said Executor shall pay the said George Henry'' expenses of schooling, clothing and support until said period and should my Executor choose to pay the said George Henry the sum of twelve thousand dollars when he arrives of age in lieu of said plantation he has the privilege of doing so. I also give to my son George Henry eight thousand dollars to be paid to him by my Executor when the said George Henry shall arrive at the age of twenty-one years in cash, bonds or Negroes.
11th I give and bequeath to my son Allen T. Caperton all my grain of every description and all provisions of every description and my family utensils of every description, attached to either of my plantations which may be on hand at my death.
12th I do hereby constitute and appoint my son Allen T. Caperton Executor of this my last will and testament and it is my desire that he shall not be required to give security for the performance of his duties as Executor as I have the utmost confidence in his integrity.
13th I do hereby place in the hands of my said Executor for the purpose of paying the legatees herein contained the following property, viz. My slaves Harry (to be supported) William Charles, Holmes, Charles Hunter, Anthony Hunter, Henry Roles, Garrison, Wilson Brown, Sandy Austin, Albert, Peter Miller, Peter Pack, Sam, Jim, Nick, Calendar, Philip, Ned, Jim, Allen, Anthony, Jim (clear) Charley (Kitchen) Lewis, Ben, Levi, Dinnah, Marriah and her children, Hamilton, Henry, Charlotte, Fanny, Polly and her children, George, Eveline, and William, Emaline, Caroline, Minerva, Lydia and Francis and all my horses which are placed in the hands of my said Executor free from charge for the term of five years. I have also placed in the hands of my said Executor cash in the Bank of Virginia, six thousand four hundred and ten dollars and one hundred dollars in gold; two thousand dollars in the safe in the store; scrip for state stock in the hands of Caperton and Crump $2000; one bond on the Frys of Richmond for the sum of two thousand dollars together with my stock and interest in the firm of Caperton and Crump; also my stock and interest in the firm of Caperton and Alexander; my stock and interest in the White and Salt Sulphur Springs Turnpike Company together with all my bonds, notes and accounts due to me in the County of Shenandoah (cannot read next line) which has not been heretofore named with the exception of the Barger place which I desire to be used by my sons Allen T. Caperton and Lewis E. Caperton jointly for five years after my death provided the said Lewis E. Caperton remains in the neighborhood, if he should not then the said plantation is to be used by the said Allen T. Caperton solely for said term, which said property in its like manner intended for the payment of the special legacies herein contained and those which may hereafter be named.
14th It is my desire that my stock of cattle which are on the several plantations and intended for sale next summer be kept thereon free of charge until they are sold, the proceeds to go the the benefit of the Estate and to the payment of the Legatees.
15th I also desire at the end of five years after my death that my Executor shall pay to my son Lewis E. Caperton five thousand dollars; to himself (Allen T. Caperton) and to William G. Caperton each five thousand dollars in bonds, Negroes or cash; the residue of my estate (if any) after paying my debts and expenses, I wish to be distributed as follows: one tenth to Lewis E. Caperton, one tenth to Allen T. Caperton; one tenth to William G. Caperton; one tenth to John Caperton, one tenth to Hugh Caperton; one tenth to George H. Caperton; one tenth to Mary Jane Echols; one tenth to Sarah Ann Caperton; one tenth to Oliver Beirne for the benefit of my three granddaughters; one tenth to be left in the hands of my Executor for the benefit of my daughter Elizabeth Rude, or my three grand daughters maned in my will heretofore at his discretion to be paid in bonds, money or property at its value. It is hereby directed that should there be a deficit in my Estate that all the legacies named in this will up to the fifteenth clause shall be first paid.
16th I do hereby authorize my Executor to settle and adjust all my accounts, to sell and dispose of any property real or personal not herein specifically disposed of and to make compromises and settlements using such discretion as he may deem proper and in selling property he may use his discretion to sell at public or private sale.
17th If is my desire that Doctor Thomas Creigh my physician, with such other medical gentlemen as he may select do make an examination of my stomach after death so as to ascertain and determine the nature and character of the disease with which I have so long been afflicted.
Lastly, I hereby declare this to be my last will and testament revoking all other or former wills by me heretofore made. In testimony whereof I have hereunto subscribe my name and affix my seal this 26th day of December 1846.
The inerlinations and assured done before signing signed seals and acknowledged by Hugh Caperton, and as for his last will and testament in presence of us, who have signed the same as witnesses at his request
Madison Mc Daniel
James H. Alexander
George W. Hutchinson
At Monroe County, February 1847.
A Writing purporting to be the last will and testament of Hugh Caperton deceased was presented in court and proven by the oaths of Madison McDaniel, James H. Alexander and George W. Hutchinson subscribing witness to and the same is ordered to be recorded as the true last will and testament of the said Hugh Caperton and on motion of Allen T. Caperton Executor named therein who made oath (it being the Testator's desire that he shall not be required to give security) and entered into and acknowledged bond in the amount of $400,000.00 conditioned as the Law directs certificate for obtaining probate thereof in due form is granted him.
George Hutchinson