Will of Catherine James
3 Feb 1850
Updated March 23, 2016
Catherine “Kitty” James was the sister of Maria Jefferson James, who married John GILLIAM. For many years, Catherine lived with the GILLIAMs. John and John’s son, Richard, served as Catherine’s executors.
I Catherine James of the County of Powhatan do make and ordain this my last Will and Testament in manner and form following viz.
First, It is my wish that my Negroes Absalom & Polly shall have the privilege of selecting their masters to effect, which I hereby authorize my Exor herein after named in providing the comfort and happiness of said negroes to make such assignments as they my said Exors may in their judgment dean most advisable.
Item, I leave to my niece C. Alice James at her marriage or at her other’s death or on her arrival at twenty-five years of age my negro girl Ellen and any increase she may have a at my death until the happening of either of the above writs (viz) the marriage of the said Alice James, her arrival at 25 years of age or the death of her mother Elizabeth James, I leave the said girl Ellen and her increase to the said Elizabeth James. If the said Alice James should die leaving no child or children or their representatives living at the time of her death, then I wish the said girl Ellen and increase to go in trust for Herbert James & his wife Elizabeth to be held for their benefit during their lives and, at their death to be equally divided among all their children or their representatives living at the death of the said Herbert and Elizabeth.
Item, I leave all the rest of my estate, money, household furniture, etc, to be equally divided between my two nieces Polly Field & Alice James with this understanding that before the said Polly Fields and Alive shall come in for any portion of the property heretofore conveyed by me in trust for the benefit of their father & mothers and at their death to be equally divided among all their children, the said Polly Field, and Alice shall first bring into _________all that I leave them _____ will without interest.
I leave Jno GILLIAM and Richard J. GILLIAM Exors of this Will a request that the Court Will permit them or either of them to qualify ____ being required to give security
In Testimony_____ I have hereunto set my hand, affixed my seal this 3d day of February 1850.
Sig: Catherine James
Wit: William Overton, W. Turpin, Reuben Ragland
At a Court held for Powhatan County on Wednesday the 5th day of Novem 1851 the foregoing last Will of Catherine James was present in Court and proved by the oaths of Wm Overton, W. Turpin, and Reuben Ragland subscribing witnesses thereto & ordered to be recorded and ion the motion of R J. GILLIAM one of the Exors therein named took the oak prescribed by Law and entered into bond without security in penalty of $5000 (The Will directing that no security shall be required conditioned as the law directs, a certificate is granted hem for obtaining probate of said Will in due form and the said bon is ordered to e recorded.
Teste: Wm S. Daniel
Know all men by these presents that I Richard J. GILLIAM am held firmly bound unto the Commonwealth of Virginia in the sum of Five thousand dollars to the payment whereof ____ to be made to the said Commonwealth I bind myself ____ Exors and admr firmly by these presents. Sealed with my seal and dated this 5th day of November one thousand eight hundred & fifth one
The condition of this obligation is such that if the above Richard J. GILLIAM who has been this day allowed by the county Court of Powhatan to qualify as Executor of the last Will and Testament of Catherine James decd shall faithfully discharge the duties as Executor of the said Will, then the above obligation to be _____ otherwise remain in full force and virtue.
Sig: Richard J. GILLIAM
Executed in presence of
Powhatan County Court and ordered to be recorded
Wm S. Daniel
Know all men by these presents that we Frances H. James, Fabius M Lawson, Rich’d J. GILLIAM and Wm Overton are held & firmly bound unto the Commonwealth of Virginia in the sum of five thousand dollars to the payment whereof will & truly be made to the said Commonwealth, we bind ourselves and each of us ___ and each of our heirs, Exors and admrs jointly and severally firmly by these presents sealed with our seals and dated this 5th day of Novem one thousand, eight hundred and fifty one
The condition of the, this obligation as such that if the above ___ Francis H James, who has been this day appointed guardian of his infant children Polly Field James and Alice C. James who are entitled to property independent of their father shall faithfully discharge his duties as guardian of his said children, them, the above obligation to be void otherwise to remain in full force and virtue.
Sig: F. H. James, R. J. GILLIAM, William Overton, Fabius M. Lawson,
Executed in presence of Powhatan County Court & ordered to be recorded
Teste: Wm S. Daniel