November Court 1814.
In the name of God Amen! I Mary Marshall Bolling of Bollingbroke in the Town of Petersburg do make and declare the following to be my last Will and testament.
First. I direct all my just debts & Funeral expences to be paid by my Executors hereinafter named—
Item. I hereby release to my daughter Marianna Bolling and her lawful representatives, all claim to all and every Sum and Sums of money which may be due and owing from her to me at the time of my death—I also give and bequeath to my said daughter the sum of one Thousand pounds current money of Virginia, and my Chariott and Chariott horses, and I give and devise to my said daughter and her heirs a lot of land on Back Street in the town of Petersburg, known and designated in the plot or plan of the said town by the number, Six. But it is to be distinctly understood that the above release, bequests and devise in favour of said daughter Marianna Bolling are made upon this express and positive Condition that after my death she commence and prosecute no suit whatsoever whether at law or in equity, against my representatives for any money or other thing whatsoever to which she may Consider, or be advised to Consider that she has a lawful claim against my Estate, Either under the will of my late husband Colo. Robert Bolling or on any other account whatsoever—And I do further declare that in case of any such suit as aforesaid being commenced or prosecuted after my death by my said daughter Marianna, every thing herein contained in her favour shall from the commencement of such suit be utterly void and of no effect and the lots and money and chattels devised, bequeathed and released to her shall in that event sink into the residuum of my estate and be disposed of as is hereafter directed concerning such residuum.
Item—I give and bequeath to my Grand daughter Mary Burton Augusta Banister my fortopiano with all the musical books & pieces thereunto attached. I also give and devise to my said Grand daughter and her husband John Munro Banister during their lives and the life of the Survivor of them, three lots or parcels of land on Franklin Street in the town of Petersburg, numbered One hundred & nine, One hundred & ten and one hundred and eleven, and I farther direct that the said three lots of land after the death of the survivor of the said John Munro Banister and Mary Burton Augusta Banister his wife, shall pass to such of their children as the said Mary Burton Augusta Banister whether married or a widow at the time may think proper to devise the same unto by instrument in nature of a last Will and testament attested by two witnesses; but if my said Grand daughter Mary Burton Augusta Banister shall depart this life without having executed such instrument in nature of a last Will and testament, then I direct that after the death of the survivor of herself and her husband aforesaid the three lots aforesaid shall be equally divided among all the Children of my said Grand daughter and her said husband to them & their heirs, forever: but should any of the Children of my said Grand daughter and her husband aforesaid depart this life in the lifetime of his, her or their father or mother, leaving behind him, her or them, a lawfully begotten child or children of his or her or their bodies, him, her or them surviving, in such case whatever…. would have passed to the said child or children (if he she or they had survived his her or their father or mother shall pass to & among the children of such child or children) of my said Grand daughter and her husband so dying as aforesaid. and all and every Sum and sums of money which may be due and owing from the said John Munro Bannister to me at the time of my death, I do hereby give and bequeath to the said Mary Burton Augusta Banister his wife—
Item. I give and devise to my daughter Ann Shore during her natural life one lot and tenement near Bollingbroke Warehouse in the town of Petersburg known in the plot or plan of the said town by the number thirty five; also one other lot or parcel of land on back street near the Spring, known by the designation of number nine; also one equal moiety of whatever money may be due and owing to me by my son Robert Bolling at the time of my death. And after the death of the said Ann Shore it is my Will that the said lots of land and money be equally divided among her children with the exception of Thomas Shore, who is to have [no?] part of either the land or money; to be held by the said children (except as above) their heirs and lawful representatives; but should any of the Children aforesaid of my said daughter depart this life [in?] the lifetime of their mother leaving behind him her or them a lawfully begotten child or children [illegible] bodies him her or them surviving, in such case the property which would have passed to [illegible] child or children if he she or they had survived his, her or their mother, shall pass and go to ano [illegible] the children of such child or children of my said daughter so dying, as it would have passed or gone to [illegible] parents if he she or they had survived my said daughter; and again should any of the children of my said daughter depart this life before attaining the age of twenty one years and unmarried, or after having arrived that age, without leaving behind him, her or them a lawfully begotten child or children, him her or them [illegible], in such case the property herein before limited to such child dying an infant, unmarried, or without having a lawfully begotten child or children him, her or them, surviving, shall pass to and be divided among the survivors or survivor of such children, with the exception of the said Thomas Shore as above mentioned.
— Page 103 —
But it is to be distinctly understood that the above devises and bequest in favour of my said daughter [illegible] and of her children above mentioned are made upon this express and positive condition that after my death she or they commence and prosecute no suit whatsoever whether in law or in equity against my representatives for any money or other thing whatsoever to which she or they may consider or be advised to consider that he she or they has or may have a lawful claim against my estate either under the will of my late husband Colo. Robert Bolling or on any other account whatsoever—and I do further declare that in case of any such suit being commenced or prosecuted after my death either by my said daughter Ann Shore or any of her Children [illegible] every thing herein contained in their favour, shall from the commencement of such suit be utterly void and of no effect, and the lots and money devised and bequeathed to her and them shall in that event sink into the residuum of my estate, and be disposed of as is hereinafter directed concerning such residuum.
Item—I give and devise to my Son in law John Le Messurier and to his wife Frances during their joint lives and the life of the survivor of them one lot and tenement on Franklin Street in the town of Petersburg, known in the plot of plan of the said town by the number one hundred and eight, with [illegible] in the said lot of land and its appurtenances to the said Frances Le Messurier and her heirs forever. And it is my will and desire that a house convenient and proper in its dementions, be erected on the said lot for the benefit of the said Frances Le Messurier in the manner and out of the rents, profits, hires, and interest of…. money hereinafter mentioned.
Item. I give and devise to my friends John Munro Banister Luke Wheeler & Edward Atkinson and the Survivors and Survivor of them and to the heirs of such Survivor, one lot and tenement on Bollingbroke street in the town of Petersburg known in the plot or plan of the said own by the designation of lot number thirty two; also one other lot and tenement on Backstreet known by the designation of lot number fourteen; also the Negro Slaves following, that is to say, Abraham, Nanny and all her present and future increase, David, Colin, Mingo, Betty, Mary, Frank, Jacob, Nelson and Seney with the present and future increase of the females; also one equal moiety of whatever money may be due and owing to me by my son Robert Bolling at the time of my death—In Trust to pay and apply the annual Rents and profits of the said lots of the annual hire of the Slaves aforesaid, and the annual interest of the money aforesaid to the maintenance and support of my daughter Frances Le Messurier and of her husband John Le Messurier during their joint lives and the life of the Survivor of them; and to the maintenance and education of the children of my said daughter Frances and to the erection (So far as the surplus will annually go) of the house which I have above directed to be built for the benefit of my said daughter Frances;—and after the death of the Survivor of her self and her husband aforesaid; divide the said lots of land negroes & money equally among my said daughters children to be held by his her or their heirs & lawful representatives; but should either or any of the children of my said daughter Frances Le Messurier depart this life in the lifetime of his her or their mother, leaving behind him her or them a lawfully begotten child or children, of his, her or their bodies him her or them surviving in such case the property which would have passed under this devise to the said child or children if he she or they had survived his, her or their mother shall pass to and among the child or children of such deceased child or children as it would have gone to the parents if he she or they had survived my said daughter; and again should any of the children of my said daughter depart this life before attaining the age of twenty one years & unmarried or after having attained that age without leaving behind him her or them a lawfully begotten child or children him her or them surviving, in such case the property hereinbefore limited to such child dying an infant unmarried or without leaving a lawfully begotten child or children him her or them surviving shall pass to and be equally divided among the survivors or survivor of such children—
Item. I give and bequeath to Robert Boyd infant son of my late granddaughter Polly Boyd, my Ten Shares in the Bank of Virginia.
Item. I give and bequeath to my Grand-daughter Rebecca M. Shore Ten Shares in the Farmers Bank of Virginia.
Item. I give & bequeath to my Grandson William Shore, Six Shares in the Farmers Bank of Virginia.
Item. I give & bequeath to Mary Burton Banister daughter of my Grand daughter Mary Burton Augusta Banister Ten Shares in the Farmers Bank of Virginia.
— Page 103a —
Item. I give and bequeath to my Grand daughter Rebecca Bolling Le Messurier Ten Shares in the Farmers Bank of Virginia; and a negro girl named Rose purchased by me at the Sale of the slaves of my late Son Thomas Tabb Bolling deceased—
Item. It is my Will and direction that all the rest and residue of my estate of what discription so ever, not herein before particularly disposed of, shall be sold by my Executors on a reasonable credit—they however allowing my man servant Billy and my woman servant Winny and my servants Caroline and Frankey, and all the slaves by me purchased at the sale of my late son Thomas T. Bolling deceased, except Rose who is above bequeathed to my grand-daughter Rebecca Bolling Le Messurier, to choose their masters if they will take them at their appraised value. The money arising from the Sale of this property I direct to be applied in the first place as far as may be necessary, in aid of whatever may be owing to me, to the discharge of all my just debts, legacies, and expences. The surplus, after accomplishing those objects I direct to be divided into two equal moieties, one of which my executors shall [illegible] ay to my daughter Ann Shore to be held by her during her natural life, and after death to be divided among all her children except Thomas Shore; on condition however, that after my death my said daughter or her said children commence and prosecute no suit whatever whether at law or in equity against my representatives for any money or other thing to which she or they may consider or be advised to consider that she or they has or have a lawful claim against my estate under the will of my late husband Colo. Robert Bolling or on any other account whatever. The remining moiety my executors shall pay to my friends John Munro Banister Luke Wheeler and Edward Atkinson, who, and the Survivors and survivor of them shall hold the same In Trust to apply its annual interest to the maintenance and support of my daughter Frances Le Messurier and her husband John Le Messurier during their joint lives and the life of the survivor of them, and the maintenance and education of my said daughters children, and to the erection in aid of what is already hereinbefore provided, (so far as the surplus will annually go) of the house which I have above directed to be built for the benefit of my said daughter Frances: and after the death of the Survivor of herself and her said husband to divide the same equally among my said daughters children; but should either of any of the children of my said daughter Anne Shore and Frances Le Messurier depart this life in the lifetime of his her or their mother (or of the said John Le Messurier as the case may be) leaving behind him her or them a lawfully begotten child or children of his her or their bodies him her or them surviving, in such case the money which would have passed under this bequest to the said child or children if he she or they had survived his her or their mother (or the said John Le Messurier as the case may be) shall pass and go to and among the children of such child or children of either of my said daughters so dying as it would have passed or gone to the parents if he she or they had survived either of my said daughters or the said John Le Messurier as the case may be; and again should any of the children of either of my said daughters depart this life before attaining the age of twenty one years and unmarried, or after having attained that age; without leaving behind him her or them a lawfully begotten child or children him her or them surviving, in such case the money herein before limited to such child dying an infant, unmarried or without leaving a lawfully begotten child or children him her or them surviving, shall pass to and be equally divided among such childs surviving brothers and sisters, with the exception as above of Thomas Shore in case of such death of any of his brothers and Sisters. But I repeat and declare that in case of any such suit as above mentioned being commenced or prosecuted against my estate after my death either by my said daughter Anne Shore or any of her Children aforesaid, everything in his residuary bequest contained in their favour shall from the commencement of such suit, be utterly void and of no effect; and the money so as above bequeathed to her and them shall in that event pass and go to my friends aforesaid John Munro Banister Luke Wheeler and Edward Atkinson, who, and the Survivors and Survivor of them shall hold the same in Trust to apply its interest in the same manner to the maintenance and support of my daughter Frances Le Messurier and her husband John Le Messurier during their Joint lives and the life of the survivor of them, and to divide the principal equally among my said daughters children after the death of the survivor of them, as is above directed, touching the other moiety the said money above bequeathed to them in Trust for my said daughter and her husband & their children.
Item. I give and bequeath to Ann Pleasant Ponsonby, daughter of the late John Ponsonby and of his wife, the sum of Seventy five pounds Current money of Virginia—
Item. On whatever money I may have heretofore lent, or may hereafter lend to my Son Robert Bolling, he will not be Subjected to the payment of Interest while I live, nor for two years after my death. And payment of the
— Page 104 —
principal shall not be exacted by my executors from my said son until expiration of two years after the time of my death.
And being especially anxious that harmony Concord and friendship should continue among my children after I have left this transitory world, it is my positive direction that in case any of my said children (save my daughter Shore and Marianna Bolling) their husbands or representatives should exhibit any account, demand or suit against my estate on any pretence whatsoever, then whatsoever sum they shall so demand or recover shall be paid out of and deducted from the part of my estate, and that only , which I have as above devised and bequeathed to or for the benefit of the child or children who individually, or whose husband or representative shall exhibit such demand [illegible] such suit against my estate. As to my daughters Anne Shore and Marianna Bolling, I repeat again that if they sue my estate for any thing, they are to lose whatever is above devised and bequeathed to them which [illegible] is to pass over as above directed—
And lastly I hereby nominate and appoint my Son Robert Bolling and my Friend John Munro Banister and William Boyd Executors of this my last Will and testament; hereby revoking and annulling all other Wills and testaments by me heretofore made. In Witness whereof I have hereby subscribed my name and affixed my seal on the twenty eighth day of September in the year of our lord one thousand eight hundred and fourteen.
Mary M. Bolling [seal]
Signed, Sealed and Acknowledged the interlineations above being previously) in the presence of
G.K. Taylor
Saml Turner
John B. Consenby
At a Quarter Session [illegible] Court held for the Town of Petersburg at the Courthouse of the said town Monday the 7th day of November 1814-
The last Will and testament of Mary M. Bolling deceased, was proved in open Court by the Oaths of George Keith Taylor Samuel Turner and John B. Ponsenby Witnesses thereof and Ordered to be recorded–And on the motion of Robert Bolling one of the executors therein named who made oath and together with John Grammer [illegible] James Durell and Nathaniel Friend his securities, entered into and Acknowledged bond in the sum of forty thousand dollars as the law directs, Certificates [illegible] him for obtaining letters of Advance a Probat of the said Will in due form liberty being reserved to the other executors named in the said Will to join in the Probat when they shall think fit.
Teste
J. Grammer [illegible]
