Title: Will of James Durham made 1 December 1889 Virginia Memory: Chancery Records Index Cumberland County, Virginia Research of Byron K. Durham
Title: Virginia Marriage Records, 1700 - 1850 2013 - Research of Byron K. Durham
Note: Virginia Memory: Chancery Records Index Library of Virginia 1793-003 Plaintiff: Children of James Durham by ETC Defendants: EXRS of James Durham
(This document contains the Will of James Durrum (Durham) of Cumberland County, Virginia made 1 December 1789) (Transcribed by Byron K. Durham)
EXCERPT.... page 6 of 17
In the name of God Amen I James Durrum of Cumberland County being of perfect health and sound mind and memory and calling to mind the uncertainty of this mortal life, do Constitute and Ordain this my last will and Testament in manner and form to Followeth revoking all former wills.
______ my desire is that all my just debts should be paid ----- Item Iend unto my beloved wife Betty Durrum my whole estate both real and personal during her natural life and after decease I give and bequeath my whole estate real and personal to my eight children Viz: William, James, Nancy, Sally, Betty, Fanny, Nicholas, and Polly to be equally devided between them to them and their for Ever. I name unto and appoint John Woodson Planter Charles Lesgund and Matthew Cox my Executors. In witness whereof I have thereunto set my hand and seal this first day of Dec. one thousand seven hundred and eighty nine.
====================================== Virginia Memory: Chancery Records Index Library of Virginia 1793-003 Plaintiff: Children of James Durham by ETC Defendants: EXRS of James Durham (Transcribed by Byron K. Durham)
Page 10.... Some time in the year 1789 James Durrum made his will, where in he left his whole estate after his wife's decease to be equally divided between his eight children. Viz: William, James of Age, Nancy, Sally, Betty, Fanny, Nicholas and Polly not of age -- and sometime after he Excecuted a Deed to his son James of part of his land and died Dec 1791 but before his death ex____ a desire to alter his will, but died before it was done.
The said Durrum first past his son William in possession of another part of his Land some years before he made his will, and left him no which he claims as his right, the said lands is supposed to be more than an equal proportion of the whole Estate with the other children. The Court will order a devision & Appoint Guardians for the children under Age.
---------------------- Page 11..... Charles Lesgrand of Cumberland County came before on this Day and made oath that he was present when James Durram said of the peace of land to his son William Durram that the now claims and was in possession of at the time, except acres that his father had cleared on their ground which the said James Durram referred for his own years as Long as he lived & then to return to his son, & also heard the said James Durram say in the year 1791 that he was willing and would make his son, William ordered to that land. If the said William would git one note the above land was marked off about five or six years ago October 24 1792. John Holman
page 12.... According to a Dictated order of Cumberland Court we as Commissioners for the purpose of settling and deviding the Estate of James Durham deceased, have proceeded as followeth
We alot and assign to James Durham one of the Legatee(?) of the said James Durham do vow as his full son of the said after personal, agruable to an ___ annexed (22--10" 4-6/8)(pounds) herets(?) & as to Land he was provided for before his Father's Death
======= To William Durham assign Legatee 22 acres of Land his full proportion of 154 acres of which his Father said seized(?) in the said County of Cumberland & rewarded as followeth, beginning at a stake in the plantation near the F. W. corner of a young apple orchard. Thence N.90 degrees E. 86 poles to Macons line thence along his line S(outh) 29 Degrees & 88 poles to James Durham Corner. Thence along his line S. 70 degrees W. 23 poles to a former in a Branch. Thence straight line to the beginning including the huse and orchard where he the said William settled before his Father's death. Also his full share and proportion of the personal after amouting to "L" 22. 10-4 6/8. (pounds).
====== To Nancy Durham a third Legatee her full proportion of the aforesaid 154 acres to wit, 22 acres offered bounded as followeth, beginning at a corner pine on Old William Anglea, thence along James Anglea & Joseph Anglea lines 70 poles to corner white oak. Thence du East 40 poles, Thence N. 242 degrees E. 54 poles to James Durham's line. Thence along his line to a corner white oak on William Anglea, thence along his line to the beginning including the better part of the old apple orchard. Also her full share of the proportion of the personal Estate amounting to -- 22-10-4 6/8 (pounds).
======= To Sally Durham a fourth Legatee 22 acres of land as her full share and proportion of the aforesaid 154 acres bounded as followeth, beginning at Nancy Durham's corner & James and Joseph Anglea thence on Jospeh Anglea 50 poles to _____ in ____road thence straight line to William Durham's corner hath in the field near a young apple orchard thence along his line to James Durham's line. Thence along James Durham's line to Nancy Durham's line. Thence along her line to the beginning including the dwelling house of the James Durham deceased and a small part of the old apple orchard and all the peach orchard. Also her full share of the said personal estate amounting to 22-10-4 6/8 (pounds).
======= To Frances Durham a fifth Legatee 22 acres of land as her full share and proportion of the said 154 acres and bounded as followeth, Beginning at Sally Durham's corner in a little road on Joseph Anglea, thence along his line 89 poles to pointers(?). Thence N. 58 degrees & a straight line to William Durham's line near it's junction with Macons line thence by said William Durham's & Sally Durham's lines to the beginning. Also her full share and proportion of the personal estate amounting to --- 22-10-4 6/8 (pounds).
======= To Nicholas Durham as sixth Legatee 22 acres of Land as his full share and proportion of the said 154 acres and bounded as followeth, beginning at Frances Durham's corner pointers on Joseph Anglea thence on his line 34 poles to pointers in a drain near Guinea road. Thence N. 58 degrees & a straight line to Macons line near Guinea road, thence along Macon's line to William Durham's corner, thence along William Durham's & Frances Durham's line to the beginning. Also her full share and proportion of the personal estate amounting to .... 22-10-4 6/8 (pounds).
======== To Polly Durham a seventh Legatee 22 acres of land as her full share and proportion of the said 154 acres and bounded as followeth, beginning at Nicholas Durham's corner in drain on Joseph Anglea near Guinea road, thence along his line croping Guinea road 40 poles to pointers. Thence N. 58 degrees # a straight line to Macon's line thence along his line to Nicholas Durham's line near Guinea road thence along his line to the beginning. Also a full share and proportion of the personal estate amounting to 22-10.4 6/8 (pounds).
======== To Elizabeth Durham a eighth Legatee 22 acres of Land her full share and proportion of the 154 acres aforesaid and bounded as followeth, beginning at Polly Durham's corner pointers on Joseph Anglea thence along his line 46 poles to a corner red oak, thence N. 58 degrees E. 81 poles to a corner on Macon's. Thence along his lines to Polly Durham's conner, Thence ealong her line to the beginning. Also her full share and proportion of the personal Estate amounting to ---- 22- 10.4 6/8 (pounds). provided notwithstanding the said Legatees Frances Durham & Nicholas Durham is to pay to the Legatee Elizabeth Durham Forty Shillings, each by way of making the several lots of land equal in value as by in adjudged(?).
============================== Virginia Memory - Chancery Records Index Library of Virginia Archer Brown & Wife (Plaintiff) vs Admr of Joseph Anglea ETC (Defendants) Cumberland County, Virginia - Index Number 1831-009 <http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=bdurham&id=I18856> (Transcribed by Byron K. Durham - 1/10/2012)
EXCERPT... pages 9/10 of 15 (Will of Joseph Anglea - 18 April 1793) In the name of God amen I Joseph Anglea of the County of Cumberland being in good health and in my perfect mind and memory but calling to mind the mortality of my body do constitute and appoint this my las will and testament in manner and form following.
First I give and bequeath to my two daughters Polly Brown and Sally Anglea the tract of land whereon I now live containing one hundred & forty Acres be the same more or less to be equally divided between them my said daughters, Polly to have the upper part of the said tract of land it being that part which lies on the Guinnea road.
Item, I give and bequeath to my three daughters to wit, Polly Brown, Sally Anglea & Patty Durham, the personal & residue of my estate to be equally divided between them at the death of my wife, my will & desire is that my said wife may enjoy peacable possession of my land during her natural life & at her death a division to take place between my two Daughters Polly Brown and Sally Anglea as above mentioned.
Lastly, I appoint my two sons-in-laws Archibald Brown and William Anglea Executors of this my last will & Testament. I hereby make void all other wills bequeaths or legaces whatsovever ratifying and conforming this & no other to be my last will & Testament, in testimony whereof I have hereunto set my hand & affixed my seal this 18th day of April 1793.
Signed sealed in presence of John Holeman Isaac Stephens Edward Vawter
Cumberland October Court 1811 On the motion of Bartlett Anglea and William Anglea who made oath according to law the administration of the Estate of Joseph Anglea dec'd ___ testaments _____, is granted them, they having entered into bond and security according the Executors named in the said will having appeared in Court and refused to take on themselves the _____ of the said Joseph Anglea. Teste Miller Woodson, Jr. D. C.
At a Court held for Cumberland County the 28th day of October 1811. The last will and Testament of Joseph Anglea dec'd was presented in Court and prove by John Holman sen and Edward Vawter two witness thereto and the hand writing of Isaac Stephens was proven by the said Holman and Vawter as a witness to the said will and the same is ordered to be recorded. ----------------------------------------------- EXCERPT... page 13 of 15 The affidavit of John Sanders taken agreeably to notice this 18 Day Nov. 1831, at the house of Chas Homack to be read as evidence in a chancery suit in which Wm Anglea & Archer Brown are Plaintiff and Archer Brown adm'n of Joseph Anglea and others are defendants. This affirmant being duly sworn saith, that Patsey Durham the wife of James Durham departed this life some time in the year Eighteen Hundred, and Joseph Anglea the Father of said Patsey Durham departed this life some time in the year Eighteen Hundred and Eleven and this affirmant further saith not. John Sanders
The affidavit of George Holman taken in the same suit and at the same place and time that John Landers affidavit is taken as above stated, said George Holman being duly sworn saith that James Durham married his second wife some time previous to the death of Joseph Anglea the Father of said Durham's first wife, and that said Joseph Anglea departed this life some time in the year Eighteen Hundred and Eleven and this affir'at further saith not. George Holman Cumberland County to wit This day John Landers & George Holman made oath before me to the truth of them respective affidavits as above set forth. Given under my hand this 18 Nov. 1831 Chas Homack --------------------------------------------------------- EXCERPT...... page 7 of 15 ....that they divide the personal Estate of Joseph Anglea deceased into three equal parts and that Archer Brown in write of his wife, Polly draw lots for one third and be in billed share to and that Wm Anglea or one of the compr____ him draw lots for one other part and he in billed thereto in write of his wife Sally and that the other one third be sold to the higest bidder upon said terms as the said commp____ may think best and that one third of that third be assigned to Ancher Brown in write of his wife Polly and one thrid of said third be assigned to Wm Angel (Anglea) in write of his wife Sally and the other third of said third be assigned to the legal representatives or contributors of Patty Durham deceased to wit one ____ of said third to Joseph Fugud as Exr of David Mollay deceased and Wm W. Mericutte jointly as representative of Joseph Salmon as and one fifth of said third to Francis Durham, widow, N. Durham (Nicholas Durham) as the representative of Wm Sammons and one fifth of said third to Wm W. Menath in write of Jno North(?) who married Gany(?) Durham and one fifth to Phebe Galloway & one fifth to Betty Durham and the portion allotted to Betty Durham to ___ _____ in the hands of the comm_____ till the further order of the court. The foregoing commp____ are to devide in thirds if practicable his negros belonging to said Est oratrix were to see the whole & report to court.......
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