Will of Zachariah Mays

(son of James and Isabella, grandson of Joseph and Sarah Mays)

Nelson County Will Book C, page 272, 273

In the name of God, Amen. I Zachariah Mays of the County of Nelson being of sound mind and perfect memory do make and ordain this to be my last Will and Testament, hereby revoking all others, made or purporting to be made by me.

In the first place I direct all my just debts to be paid to my creditors out of my Estate.

Item, I give and bequeath to my sisters Margaret and Jane, my Tract of land in the County of Nelson containing Five hundred and sixty acres, more or less, to them and their heirs forever. I also give to my sister Margarett, a negro man named Shadrack and I give to my sister Jane a negro named Aleck, to them and their heirs forever.

Item: I give and bequeath to my mother, two negroes named Tom and Henry, also all my plantation tools, to her and her heirs forever.

Item: I give and bequeath to my sister Davisey Cunningham one negro named Walker, to her and her heirs forever.

Item: I give to my mother and sisters Jane and Margarett one Table, one writing desk, and Dressing box, one Bed and furniture and a set of Silver Tea Spoons and any other household furniture which I may have, not above enumerated.

Item: I give my best bridle to my sister Jane, my next best to my sister Margarett, and my other bridle, saddle and Watch to my brother Robert, to them and their heirs forever.

Item: I give the interest that will accrue to me under my father's will, to be equally divided among all my brothers and sisters and my mother, Share and share alike, hereby directing that my Executor hereinafter named whom I constitue a Trustee for that purpose, to hold in his hands and appropriate to the use of my sisters who intermarried with the three Mr. Whites such portion of this Legacy as may fall to them, in such manner that they may have the separate enjoyment of it, uncontrolled by their said husbands, and not to be subject to be squandered by them or dissipated in the payment of their debts.

All the rest and residue of my Estate of every kind and description whatever I give to my sisters Jane and Margarett to be equally divided between them.

I constitute and appoint Sterling Claiborne Executor of this my last will and Testament.

Zachariah Mays

May 8^th 1825

Achnowledged and done in the presence of

John Thompson Jr.

Charles Watts

At a court held for Nelson County the 23^rd day of August 1825 ~ This last Will and Testament of Zachariah Mays deceased was this day produced into said Court and proved by the oaths of Charles Watts and John Thompson Jr., two subscribing witnesses thereto and ordered to be recorded. And on the motion of Sterling Claiborne the Executor named in the said Will, who personally appeared in Court and made oath, and together with Charles S. Barrett his security entered into and acknowledged bond in the penalty of five thousand dollars with the condition required by Law, certificate is granted him for obtaining probate of said will in one form of law.

Teste: Sp Garlande, ck

Know all men by these presents that we Sterling Claiborne and Charles S. Barrett are held and firmly bound unto Robert Rives, John Mosby, Abraham B. Warwick and Samuel Loving gentlemen Justices of the Court of Nelson County, now sitting, in the sum of Five thousand dollars, to which payment will and turly to be made to the said Justices or their successors, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this 23^rd day of August, 1825.

The condition ot the Above obligation is such, that if the said Sterling Claiborne, executor of the last will and testament of Zachariah Mays deceased, do make a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, together with an inventory of the real estate within this commonwealth, which by the said will may become subject to his authority, and which have or shall come to the hands, possession or knowledge of him the said Sterling Claiborne, or into the hands possession of any other person or persons for him, and the same so made, do exhibit to the county court of Nelson, at such time as he shall be thereto required by the said court, and the same goods, chattels and credits and real estate, do well and truly administer according to law, and make a just and true account of his actings and doings therein, when thereunto required by the said Court, and further, do well and truly pay and deliver all the legacies contained and specified in the said will, as far as the said goods, chattels and credits, and real Estate, will extend according to the value thereof, and as the law shall charge him, then this obligation to be void, or else to remain in full force and virtue.

S. Claiborne

Chs L Barrett

Signed, sealed and acknowledged in the presence of the Court

Teste Robert C Cutler DC

At a Court held for Nelson County the 23^rd day of August 1825 `~ This bond was executed and acknowledged in open Court by the parties thereto and ordered to be recorded ~

Teste Sp: Garland CK

Will Book E, Page 31

Resurveyed and divided the 12^th day of August 1836 by direction of William C. Wingfield, Roderick L. Taliaferro & Dabney P. Bryant, Commissioners appointed by the court of said County, to divide the real estate devised to Margaret Mays and Jane Jordan (formerly Jane Mays( by the last will and testament of Zachariah Mays deceased ~ The above 294 1/2 acres allotted to Jane Jordan formerly Jane Mays bounded by the true meridian as follows: Beginning at a post oak at the point marked thus corner to Samuel Hansbourough and running thence with said Hansborough's lines S 45 degrees 15 E (crossing a road at 132 1/2 po.) 203 1/2 po. To a stake where a Red Oak stump and Locust bush was called for, N 40 degree 30 E po to a white oak stump between a smal spanish oak and white oak pointers marked I + I. on the north bank of the Tye River; thence (leaving said Hansborough's lines) and running up the north bank of said River 335 2/10 po. To blazed bushed where a Hickory was called for corner to David Hunter; and with said Hunter's line N 43 degree 30 feet W 177 po. To blazed saplings in James Rawson's line, where a pine was called for; and with said Rawson's line N 41 1/2 E 66 1/2 po. To a Locust at the point A; thence with the above 214 acres alloted to Margaret Mays N 41 1/2 E (crossing a road) 107 1/2 po. To the beginning -- The above 214 acres alloted to Margaret Mays bounded by the true meridian as follows: Beginning at a Locust at theh point A in a line of the above mentioned 294 1/2 acres; and corner of James Rawson, and running thence with said Rawson's line N 46 degrees W (crossing the glade road at 50 po.) 314 po. To pointers on the top of Berry's mountain, corner to William Camp; and with said Camp's lines N 38 degrees E 62 poles to blazed saplings where pointers were called for, N 33 degrees E 34 po. To a white oak, N 47 degrees E 10 1/10 po to pointers corner to John Crews, with said Crew's line S 47 degrees 30 minutes E (crossing the glade road at 272 po.) 318 po to a dead white oak in Samuel Hansborough's line and with it S 52 degrees W 4 po. To a post Oak corner to the above mentioned 294 1/2 acres, and thence with it S 41 1/2 degrees W (crossing a road) 107 1/2 po. to the beginning.

By John H. Hill, appointed suveyor of Nelson Co.

Platted by a scale of 50 poles to the inch

Nelson County to wit.

In obedience to an order of the worshipful court of Nelson to us directed, and herewith annexed, we the undersigned caused a resurvey of the Lands of Zachariah Mays deced. And devised by him in his last will and testament to be equally divided between his two sisters (i.e.) Margaret Mays and Jane Jordan (formerly Jane Mays) to which survey we refer you showing the lines boundaries & etc. The part alloted to Jane Jordan (formerly Jane Mays) contains 294 1/2 acres, which we deem to be worth $5 an acres, amounting to $1,472.50 and the part alloted to Margaret Mays contains 214 acres which we estimate at $6 an acre amounting to $1284, the two sums added make $2,756.50, equally divided between Margaret Mays and Jane Jordan (formerly Jane Mays) will be to each the sum of $1,378.25. Consequently Jane Jordan (formerly Jane Mays) or her legal representative shall pay over to Margaret Mays the sum of $93.25, all of which is respectfully submitted and given under our hands this 30^th day of Septr, 1836.

William Wingfield

Roderick Taliaferro

Dabney Bryant

At a court held for Nelson County, 24^th day of October 1836.

This report of the division of the lands of Zachariah Mays deceased amongst his legatees, having been heretofore returned, was this day confirmed by the court and ordered to be recorded.

Teste Sp: Garland CK