Updated November 24, 2022
Background
Overview
Francis Drake, the brother of Robert Drake, married Judith Gilliam. Jeffry Gilliam sells land to Robert Drake.
25 May 1801
I, Robert Drake of Charles City County being weak of body, but in perfect senses, mind and memory and calling to mind the uncertainty of continuing here, and being desirous to settle my estate and affairs as well as I can, do make and ordain this my last Will and testament in manner following to wit:
I lend to my loving wife, Rachel Drake, one-third of my land and plantation during her natural life, also one half of all my personal estate during her natural life or widowhood which may first happen and no longer.
Item, I give and bequeath to my son, William, Drake, one feather bed, and furniture, which he has in his possession, to him and his heirs forever.
Item, I give and bequeath unto my son, Robert Drake, two-thirds of all my lands, I am possessed of, to take place immediately and the other one third of my land to my loving wife’s death. Also one bed, and one desk to him and his heirs forever.
Item, I give and bequeath to my daughter, Sarah Charles, one feather bed and furniture, which she hath in her possession, to her and her heirs forever.
Item, I give and bequeath to my daughter Elizabeth Drake, one feather bed, and furniture called her bed, to her and her heirs and assigns forever.
Item, I give and bequeath to my daughter Rachel Drake one feather bed and furniture, called her bed, to her and her heirs and assigns forever.
And it is my will and desire, that my two daughters Elizabeth and Rachel Drake may have the free use of my dwelling house, the ____ and ____ upstairs, so long as they or either of them lives single and no longer.
Item, I give and bequeath to my son, William Drake, and my daughter Sarah Charles’ children: Rebecca Finch Charles, Rachel Elizabeth Drake Charles, and Sarah Howl Charles for to educate them, also to Elizabeth Drake and Rachel Drake all the remainder and residue of my estate at my decease and at my loving wife’s decease, to be equally divided amongst them in four shares to them and theirs heirs and assigns forever, my will and desire is that my estate my not be appraised.
Lastly, I do constitute and appoint my son Robert Drake my whole and sole executor of this my last Will and Testament, in witness whereof, I have hereunto set my hand and seal this twenty-fifth day of May, one thousand eight hundred and one.
Sig: Robert Drake
Signed, sealed and acknowledged to be my last Will and Testament in presence of
Wit: James Ladd, Isabella Ladd
At a monthly court began and held for Charles City County at the courthouse on Saturday, the seventeenth day of June 1803.
The aforewritten last Will and Testament of Robert Drake deceased was presented in Court by Robert Drake, the executor therein named and being proved by the affirmations of James Ladd one of the witnesses thereto was ordered to be continued for further proof, and at a monthly Court began and held for the said County at the Courthouse on Thursday the sixteenth day of September 1802 the said Will being further proved by the affirmations of Isabella Ladd another witness thereto was ordered to be recorded. And on the motion of the said Robert, the Executor, who made oath as the Law directs and entered into bond with Richard Waddill and Benjamin Lennard his securities in the penalty of one thousand dollars conditioned according to law, certificate is granted him for obtaining a probate in due form.
Teste: Wyatt ______
17 Mar 1803
The Estate of Robert Drake, In Account with Robert Drake, his executor
| 1802 | 1802 | ||
To cash paid John Gilliam for coffin | £1.13.0 | By Cash found in the house | £6.6.0 |
Paid Daniel Jones | 0.12.0 | By Amount of sale of personal estate | 90.14.3 |
Paid Doctor Collier Christian | 0.7.6 | £97.0.3 | |
Paid William Drake | 1.10.0 | Amount of Debts brought up | 52.0.10 |
Paid David Suffriend’s [?] | 1.7.0 | Due in the hands of the Executor | £44.19.5 |
Paid James Ladd | 0.0.8 | ||
Paid R. Waddill for ______ the estate | 0.18.0 | ||
Paid for 2 gallons brandy for the sale | 0.12.0 | ||
To Rachel Drake for one half of the sales of the estate agreeably to the Will of my testators | 44.19.4 | ||
£52.0.10 |
We the subscribers appointed by the Court of Charles City to _____ and settle the accounts of Robert Drake’s Executorship on the Estate of Robert Drake, decd., have accordingly done that duty and find a Balance due the estate in the hands of the executor of forty-four pounds, nineteen shillings, and five pence agreeable to the above statements given under our hands this _______ day of ___________ 1803.
At a Quarterly court began and held for Charles City County at the Courthouse on Thursday, the seventeenth day of March 1803.
Sig: John Bowry, Senr. Benjamin Lennard, Jeffery Gilliam, Richard Waddill
The aforewritten settlement of the estate of Robert Drake deceased was returned and ordered to be recorded.
Teste: Wyatt Walker, CC
Sources
- Charles City County, VA Will Book 1, page 559-560