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Will of Daniel Thornton

Contributed by Stan Thornton, MCP

 

Will of Daniel Thornton (1733-1821)
Orange County, VA - Will Book 5, page 396-397

Typed by Stan Thornton, 6th great grandson of Daniel Thornton, from a photocopy received from Orange County Clerk's office. (spacing added for readability).
 



In the name of God amen, I, Daniel Thornton of Orange County, Virginia, being of sound mind and memory do make this my last will and testament revoking all others, in the following manner

(1) My wish is that my body be buried in a Christian like manner and that my executors do first of all pay all my just debts and all necessary funeral expenses.

(2) I give to my dear beloved wife Sarah Thornton during her natural life or widowhood, all of my estate both real and personal of every description but should she marry, she then is to have no more of my estate than the law would allow her if I had died without a will.

(3) I give the land whereon I now live to my sons Luke and Thomas and their heirs forever. The fence that now runs along up the branch between me and my son Thomas to be the dividing line between them. Thomas to have the upper part where he now lives, and Luke the lower part upon their paying the following legacy's (namely) to my son Sanford fifty pounds. To my son Caleb's children ?VIS? John Thornton, Isabel Thornton, Kitty Thornton, Joseph Thornton, Nancy Thornton and Sarah Thornton, seventy dollars apiece; and to my son Jesse's son William Thornton seventy dollars. As my son Luke's part of the land is of more value than that of Thomas', Luke in paying off the legacy's is to pay twenty pounds more than Thomas. Should any of my son Caleb's children die before they receive their legacy, that it is to go to the surviving brothers and sisters but if my son Jesse's son William Thornton die before he receives his legacy that it is to go to my son's Luke and Thomas.

(4) I give all of my house hold furniture and Kitchen furniture of every description with all my stock of every kind, plantation utensils to my son Sanford, but should he have no heirs of his body and die before he receives what I give him, my wish is that what I have given him be equally divided between my sons Luke and Thomas or their heirs.

(5) I do constitute, ordain and appoint my sons Luke and Thomas Thornton my lawful executors to this my last will and testament. In consideration of which I have set my hand and seal this 31st day of August in the year of our Lord 1815.

Daniel Thornton [Seal]

Tested in presence of
Reuben T Clarke
George Waugh
Jas Clark
Gowrey Waugh
William A Moore

At a quarterly court held for the county of Orange at the Courthouse on Monday the twenty seventh of August 1821, this Last will and Testament of Daniel Thornton, deceased, was proved by the oath of Reuben T Clarke, James Clarke, Gowrey Waugh and William A. Moore, witnesses thereto and ordered to be recorded. And at a monthly court held for the said county at the courthouse aforesaid, on Monday the twenty fourth of September following. On the matter of Luke Thornton an executor named in this Last will and testament of Daniel Thornton deceased, who made oath thereto according to law and together William Morton Jr., his security entered into and acknowledged their bond in the penalty of six hundred dollars conditioned as the law directs, certificate was granted him for obtaining a probate thereof in due form.

Teste

 

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