15 Feb 1859
Albemarle County, VA
Updated November 25, 2022
In the name of God amen, I Frederick Gillum of the county of Albemarle and state of Virginia, being of sound mind and memory do make and constitute this to be my last will and Testament.
Item. My will is that all my just debts shall be first paid, and all of my accounts against all of my children before this date be cancelled, except my daughter Sarah White Rothwell—she shall be made to pay two hundred dollars which she has had more than the balance of them and all of them be held to pay all of their bonds that I have against them, or accounts after this date.
Item. I lend to my beloved wife Kittie Gillum during her natural life the one half of the land whereon I now live and to be decided as follows to wit: by running a straight line from the point where the lands of Thurman and Shackleford estates meet my line near said Thurman’s gate, and running a southerly course till the said new line intersects with my line in the mountain so as to divided my land into two equal parts, giving her the east end with all of its appurtenances; also all the money that is bonded in her name and the certificates of the Charlottesville Savings Bank standing in her name; also five negroes, namely, Paul, Ma__, Sarah, May and her children, Jenny and her infant not named and the future increase of the females; also three horses and so many cattle and hogs and plantation tools and household and kitchen furniture as she may choose and at her death my will is that all of the above mentioned property viz land, negroes, money, horses, cattle, hogs, tools, furniture etc as shall remain shall be sold and equally divided among all of my children.
Item. I give to my executors, herein after named in trust for my daughter Sarah White Rothwell during her natural life a tract of land lying and being in the county of McCracken, state of Kentucky, south east quarter of section, thirteen township south range two east conveyed to me the 6th day of February 1856 by Braxton Small commissioner containing 160 acres and at her death I give the said land and appurtenances to her children and their heirs forever. I desire my executor to permit her to live on the same or to rent it out and pay her over the rent as long as she may live.
Item. As soon after my death as is convenient that all of the property not heretofore disposed of shall be sold and also all moneys on hand shall be equally divided among all of my children, viz
To Charles Wesley Gillum, the one ninth part
To my daughter Sarah W. Rothwell, one ninth part
To John Nelson Gillum, one ninth part
To James Asbury Gillum, one ninth part
To my daughter Catherine Cannon Pace, one ninth part
To Frederick William Gillum, one ninth part
To Thomas Mann Gillum, one ninth part
To Elizabeth Dickinson Douglass, one ninth part
To Mary Ann Huckstep Crawford, one ninth part
And their heirs forever.
Item If any misunderstanding should take place in the settlement of my estate my will is that the one so complaining and the one complained of shall each choose one disinterested person as referees, and the two referees shall choose a third referee, which three referees shall decide the matter and the discussion shall be as decided as if the Supreme Court of Virginia had decided it.
Item I have since writing the above bought a negro Will and lend it to my wife Kittie Gillum for her life to be disposed of at her death as the balance of those disposed of before.
Sig: F. Gillum.
Lastly, I do hereby appoint my son James A. Gillum to be executor of this my last will and Testament written with my own hand signed and sealed this 15th day of February 1859.
Sig: Frederick Gillum
In the clerk’s office of Albemarle County Court 4 Sept 1865,
A paper writing purporting to be the last Will and Testament of Frederick Gillum decd produced into court, there being no subscribing witnesses thereto, thereupon Richard Wingfield and John J. Pace being sworn as witnesses say they are well acquainted with the handwriting of the Testator . . .
[Frederick Gillum was born 30 Apr 1783, Albemarle County to John Gilliam and Elizabeth Dickerson, his wife. He married on 15 May 1810, Catherine "Kitty" Huckstep, the daughter of Charles Huckstep and Mazie Ann White, his wife. Frederick and Kitty had ten children. Elisha Overton Gillum born about 1824 died before the 1830 census and consequently is not mentioned in the Will of his father. The other nine children are each mentioned in the Will. Sarah White Gillum married Joseph H. Rothwell and did indeed take up the McCracken County land willed to her. She is found in the 1870 Census with her husband. In 1880 he is listed as a widow, Sarah having died. Catherine Cannon Gillum, married John J. Pace one of the sworn witnesses. Elizabeth Dickinson Gillum married Edwin Temple Douglass. Mary Ann Huckstep Gillum married John L. Crawford. Son Charles Wesley Gillum removed to Missouri. Son, Frederick William Gillum was murdered in Albemarle in 1865.]
Sources
- Albemarle County, VA, Deed Book 27, page 333