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Probated February 1794
This will is confusing, at best, due to faint writing and the repeated mention of a SON named Martha Rodes. I tried to get "Matthew" out of it, but it definitely seems to be "Martha" as written (and perhaps as pronounced). SBK-transcriberIn the name of god amen. I David Rodes of the County of Albemarle being in perfect mind and memory have thought fit to make this my last will and testament.
Imprimis my will and desire is that all my Just Debts and funeral charges be paid out of my Estate.
Item I lend to my beloved wife Susannah Rodes During her natural life all the negroes and their increase that I got by her and the tract of land which I now live on that my Father gave me and one third of all the stock and household and Kitchen Furniture and all the Plantation tools and crop that's on the place.
Item I give to my beloved wife Susannah Rodes one negro Fellow named David and a negroe wenche named Sillar to her, her heirs and assigns forever & as for the rest of the negroes I lent her if (s?)he thinks proper to make a will and will leave them to some or all of my Children she may, otherwise they are to be Divided with the rest of my Estate after her Death as shall be hereafter Divided.
Item I give to my son John Rodes one certain tract or parcel of land lying and being in Albemarle county known by the name of Pomgrain (?) three hundred and four acres more or less to him, his heirs & assigns forever.
Item I give to my son Martha (Matthew?) Rodes the tract of land joining the tract on which I now live on after the death of my wife the whole of all the land Joining that tract and five hundred acres lying in Maderson County in Kentucky Located by Hickory Grubs and surveyed by Mr. Greenblay (?) to him and his heirs and assigns forever.
Item I give to my son Charles Rodes two certain tracts of land lying and being in Nelson County in Kentucky on Roberson Creek the waters of green river, viz, one containing seven hundred and sixty two acres and the other four hundred and thirty three acres to him his heirs and assigns forever.
Item it is my will and desire that there should be raised out of my estate sixty pounds which I give to my Daughter Mary Douglas to her and her heirs for ever and that is all of my Estate that I shall leave her.
Item my will and desire is that all my children shall be made equal in fortune to what I give my Daughter Elizabeth Goodmon, Lands excepted and hors (?) excepted that then the balance of my Estate to be Eaqually divided amongst all my children except Mary Douglas to them their heirs and assigns but if either of my children should die under age or without bodily heir estate to be eaqually divided amongst all my surviving Children except lands. If either of my sons should die leaving no bodily heirs their land shall be eaqually Divided amongst all my surviving Sons to them their heirs and assigns forever.
Lastly I do constitute nominate and appoint my loving wife Susannah Rodes and my son Martha (Matthew?) Rodes Executors to this my last will and testament. In witness whareof I have hereunto set my hand and seal this ninth day of June seventeen hundred and ninety.
David Rodes (seal)
Signed sealed in presence of
John Rodes Jr
At Albemarle February Court 1794
This Instrument of writing purporting the last will & testament of David Rodes deceased was produced into Court and proved by the oaths of John Rodes jr, John Ward and John Ballard three of the witnesses thereto and ordered to be recorded, and on the motion of Martha (Matthew?) Rodes one of the executors therein named, certificate is granted him for obtaining a probate in one form on his given bond and security whereupon he qualified and together with James Lewis and David Wood his securities entered into and acknowledged a bond accordingly.
J Nicholas C.A.C