In the name of God, Amen, I Charles Rodes of Amherst County & state of Virginia being in a low state of health but in perfect sense & memory thanks be to God for the same do make & ordain this my last will & testament hereby revoking all others in any wise before made by me
Viz. I give & recommend my soul into the hands of Almighty God at my decease hoping & beseeching his gracious acceptance of the same & my body I desire to be decently interred at the discretion of my executors hereinafter named & touching such worldly estate as it hath pleased God to bless me with I desire in the first place that all my Just debts should be paid.
Secondly it is my will & desire that my beloved wife Amy Rodes may have and retain in her possession free from the claim or claims or molestation of any person whatsoever for and during the time of her natural life the following property, to Wit. All my land I now live on with all its appurtenances thereunto belonging with all my personal estate except such as hereinafter named & willed to others. It is my desire she may have as above the following negroes to wit. Tom, Abram, Jesse, Simon, Jack, Harvey, Elijzh, Beck, Lydia, Michael & Peggy.
Thirdly I desire that the land I live on at the death of my wife may be divided in the following manner, beginning at the back line where the same crosses the creek thence down the creek to Johnson's old shop from thence down the road to the lane as it meanders between my house & David Rodes, to Charles Rodes' old spring thence down the spring branch as it runs to the meadow fence thence along the said branch as the ditch conducts the same unto the creek thence with the creek to the out side line my son Charles Rodes to have the north side of said line & the south side I desire & will that Charles Yancey of Albemarle may be made trustee for my son David Rodes & his children & I hereby authorize the said Yancey to have full power to let my son David & his wife have the benefit of said estate or not as he may see cause & when ever he may see cause to divide the same among his children by his said wife Mary he has full power to do so having regard to equality & what is most advantageous to my son David & his wife Mary (sister to said Yancey) & their children & if said Yancey should die before the same is completed I authorize him appoint a fit & proper person to act in his place & the tract of land I have in Albemarle whereon Thomas Martin my grand son now lives I give & bequeath to him at my death & the tract of land I purchased of Wm. Fox in Amherst lying on Meriweathers branch & Indian branch I give & bequeath to my daughter Jane Garland at my decease.
It is also my desire that my daughter Anna Martin living in Kentucky should have my negroe woman Kiz & her child Elijah at my death & all the increase of said negroe Kiz except Michael. It is also my desire that my grand son Charles Martin should have Harvey a negro boy at my wife's death & all the rest of my negroes not named I desire to be sold at my death & the money arising from said sale to be equally divided between my daughters Mary Martin, Jane Garland & my son Charles Rodes & my daughter Anna Martin & my son David Rodes his part to be subjected in the same manner as the land & in the power of the trustee to dispose of for their benefit.
It is also my will that my son David should have my negroe man Gid & Lucy daughter of Milly subjected to the management as above mentioned by the trustee & all the negroes given in my life time & now in the possession of my children or their assigns I hereby confirm the same except the negroes given by me to my daughter Lucy when she married Azariah Martin which is to go to her children if she has any & if not at her death to come back into my estate & be equally divided among my children as above named & their issue if they be dead & I give to my daughter Lucy Martin five shillings in full of all she is to receive out of my estate at my decease & at the death of my wife all the estate I have left to her except the land I desire to be sold & equally to divide the money between my daughters Mary Martin, Jane Garland & my son Charles Rodes my daughter Anna Martin & my son David Rodes his part to be subject to the management of the said Yancey as trustee who being connected to my said son David's family I have full confidence that he will have regard to their benefit and will do everything for the benefit of said family & I hereby authorize him & give the power necessary in his judgment & those who he may appoint to dispose of the same in any manner he sees cause having regard to equality & their benefit & its also my desire that out of the estate sold at my wife's death that my grand daughter Amy Martin daughter of Anna Martin & my grand daughter Amy Rodes daughter of Charles Rodes & my grand daughter Amy Rodes daughter of David Rodes should have each one hundred dollars & lastly I constitute & appoint my son Charles Rodes & my grand sons Thomas Martin & Charles Martin executors to this my last will & testament
In Witness whereof I have hereunto set my hand & seal this
nineteenth day of March one thousand eight hundred and five.
Charles Rodes [SEAL}
In presence of
Hudson Martin Junr
John H. Rodes
At a court held for Amherst County the 17th day of June 1805. This last will and testament of Charles Rodes, decd, was presented in court by the executors therein named and proven by the oaths of Hudson Martin, Junr, William Martin and Dilmus Johnson subscribing witnesses thereto and the executors name in said will personally came into court and qualified according to law, and entered into Bond with Charles Yancey, Azariah Martin and Hudson Martin, Junr their securities in the penalty of forty thousand dollars current money conditioned as the law requires. Certificate is granted them for obtaining a probat thereof in due form and the said will is ordered to be recorded.
Teste: W. J. Crawford C[lerk] A[mherst] C[ounty]