Samuel Pannill's Will

Will of Samuel Pannill of Green Hill, Campbell County, VA

In the name of God, Amen. I, Samuel Pannill of Green Hill in the County of Campbell, being in perfect health of body, and of sound and disposing mind and memory, but calling to mind the uncertainty of life and the certainty of death, do hereby make and ordain this my last will and testament, in manner and form following to wit:

 In the first place, I recommend my soul to God, with a strong hope that he will receive it in mercy. I also recommend my body to the earth to be interred in a plain decent manner and I desire a funeral sermon to be preached as soon as convenient after my decease, according to the common usage of the country. As to what worldly estate it has pleased God to bless me with, I dispose of it in the following manner to wit:

Item 1st - I give and devise to my son John and his heirs forever, my Green Hill tract of land on Staunton River in the county of Campbell, on which I now reside, including all the lands adjoining thereto in said County, and all my islands at the upper end of my mill-race, patented in my name, also an entry and survey of fifty acres on Staunton River at Collin's now McIver's Ferry, patented in my name; Also, an entry and survey on Staunton River, extending from the survey last mentioned to a little above my toll-bridge over said river, containing One hundred and forty one acres patented in my name; also five hundred and forty four acres in Campbell County, lying on the waters of Hill's Creek, conveyed to me by John P. Slaughter; Also my toll-bridge across Staunton River, with an abutment on the Halifax bank of the river, including the land in the following boundaries to wit: Beginning at the mouth of the first branch below the toll-bridge, thence up the south margin of said branch to a point twenty yards above the stone bridge, over said branch, at the public road, so as to include said stone bridge, thence from a straight line to Staunton river, so as to strike said river thirty yards above my said toll-bridge, thence down the river to the beginning; It being nevertheless my will and desire that so long as my Halifax tract of land, lying on Staunton river opposite to my Green Hill estate shall belong in whole or in part to any of my descendants, such owner being my descendents shall have the privilege of using said toll-bridge free of charge for himself, family and crops. I also give to my said son John the privilege of getting building stone for his own use, anywhere on my said Halifax tract of land, during the lifetime of my son David, or while the said last mentioned tract shall be owned and occupied by any descendant of my son David; I also give to my said son John the following slaves, together with the increase of the female slaves, from and after the date of this will, namely: Eliza, Joe Cook's widow, Carnny, a man, Winny, daughter of Carnny. John, son of Carnny, Patrick, son of Carnny, Carnny, son of Carnny, Clarissa, wife of Carnny the elder, Lizzie Alice, daughter of Clarissa, March, the elder, a man, Sarah, wife of old March, Blair, son of Sarah, Carr, son of same, Siny, daughter of same, Betsy, daughter of same, Nicy, daughter of same, and Nicy's child Sarah Ann, Dick, son of Siny, a man, Jerry, son of same, a man, Harry Long, son of same, a man, Aaron Cooper, a man, Julia, daughter of Aaron, Aaron, son of same, Mitchell, son of same, Delphy, daughter of same, Lizzy, daughter of Old March. Saunders, son of Lizzy, Nicy, daughter of same, Granville, son of same, Mary Ryal, Margaret, daughter of Mary Royal. Becky, daughter of same, Marshall, son of same, Mary Ann, daughter of same, Rosalee, daughter of same, Harrison, son of Mary a man, Sarah Ann, wife of Harrison, Jim Singleton, son of Sarah Ann, Henry Clay, son of Sarah Ann, Yellow George, (house) a man, Delphy, wife of Yellow George. Nancy, daughter of Delphy, John Green, son of Nancy, Patsy, daughter of same, Harry Compton, a man, Lucy, wife of Harry Compton. Abram, son of Lucy, Allin, son of same, Elijah Roach, son of same, Amy daughter of same, Nelly, daughter of same, Silvia, daughter of same, Harry Cooper, a man, Louisa, wife of Harry Cooper. Stephen, son of Jinny, a man, Susy, wife of Stephen, Bailey, son of Susy, Anna, daughter of same, Rowena, daughter of same, Jordan, a man, Wilson Miller a man, Sally, wife of Wilson Miller, Young March, a man, Martha, wife of Young March. Bonaparte, son of Martha, Ryal Carpenter, a man, Violet, wife of Ryal. Hartwell, a man, Margaret, wife of Hartwell, Mahaly, daughter of Margaret, Martha Ann, daughter of same, Claiborne Taylor, son of same, Erasmus Johnson, son of same, Hartwell, son of same, Flourney, son of same, Cimon, a man, Rody, wife of Cimon, Lydia, a woman, Daniel, a man, Edward, (house servant) a man, Will Ross, a man, Caroline, wife of Will Ross, Frances, daughter of Caroline, Lewellin, son of same, Mary Ann, daughter of same, Dennis, son of same, Winny, daughter of same, America Ann, daughter of same, Albert, son of same. Robin, son of Sarah, a man, Clara, wife of Robin, Robert Green, son of Sarah. Sindy, daughter of same, William, son of same, Violet, daughter of same, Wirt Gardiner, son of same. Tom, a man, Tish, wife of Tom. Maria, daughter of Tish, Salem, son of same. Riddy, a woman, Anthony, son of Riddy. Runell, son of same, Charles Compton, a man, Richard Cook, son of Mary, Halifax, a man, Patrick Black, a man, Robin, son of Sukey, a boy, Howson, son of same, a boy Harrison, son of same, a boy. David Black, a boy, Winford, a man, Simon blacksmith, a man, Jenny, wife of Simon blacksmith. Henry Rass a man, husband of Lizzy, old March's daughter. Doctor, a man, Marcia Jane, his wife, Martin, son of Marcia Jane, Fanny, daughter of same. Joe Rumpass, son of Lacky, a boy, Pleasant, a man, Silvestor, wife of Pleasant, Elvina, daughter of Silvestor, and Spotswood, a boy.

I also give to my said son John all my riding carriages, together with all the other personal and perishable property of every description whatever, belonging to, and used on my said Green Hill estate at the time of my decease; also, all the goods, wares and merchandise purchased for, and in my store at Green Hill at the time of my decease, also, all the wheat and flour in my mill at the time of my decease. I also give to my said son John all my interest in the various mercantile and commercial concerns in which I have been a partner during my life, including my store at Green Hill; and it is my will and desire that my said son have the possession and entire management of the books and papers belonging to and relating to said concerns; this bequest, however, is to be: subject to, and limited to the provisions herein-after made in reference to the concerns in which my deceased son-in-law Abram W. Wimbish was a partner with myself. I also give and devise to my said son John and his heirs forever, a lot in the City of Lynchburg called the Bridgeland lot, purchased by me from John Hayth, and situated in the upper part of said city. I also give to my said son John and his heirs forever, ten shares in the Capitol stock of the James River and Kanawha Company. It is further my will and desire, that my said son John, out of the estate herein devised, given and bequeathed to him, do pay all my debt of every description whatsoever, and that he shall neither claim, or receive of my estate, any compensation for services rendered by him to me in my lifetime, or for any services he may render to my estate after my decease in the execution of this will.

Item 2nd - I give and devise to William L. Graham and my son John Pannill, or the survivors of them, the whole of my Halifax tract of land lying on Staunton River in the County of Halifax, opposite to my Green Hill estate, including the land purchased by me of the estate of Bailey Street, deceased, and also all my other land adjoining thereto, on the Halifax side of the river, subject, however, to the reservation of land herein before devised to my son John for an abutment to my toll-bridge, and to the privilege of getting building rock thereon, herein before reserved to my son John. I also give to the said William L. Graham and John Pannill, or the survivors of them, the following slaves, together with the increase of the female slaves, from and after the date of this will, namely, Beverly, an old man, Betty, wife of Beverly, Nancy Armistead, an old woman, Abram Falling, an old man, Lucinda Black, Louisa, daughter of Lucinda, Coleman, son of same, Henry, son of same, Locky, daughter of same, Lewis, son of same, Lucy, wife of Lewis, George, son of Lucy, Jim Rass, a man, Aggy, wife of Jim Rass, Elvira, daughter of Aggy, Gorton, son of Elvira, Catherine, daughter of Aggy, James, son of Catherine, Stepney, a man, Dicey, wife of Stepney, Joe, son of Dicey, John Randolph, son of same, Green, son of same, Susy, daughter of Same, Jincy, daughter of same, Bertha, daughter of same, Peter Providence a man, Crease, wife of Peter Providence, David Crocket son of Crease, Queen, daughter of same, Henry Sydnot, son of same, Hilary, son of Mary Rass, Christopher, son of same, Jim, son of Celia a man, Hannah, wife of Jim, Celia, daughter of Hannah. In trust nevertheless, that the said William L. Graham and John Pannill, or the survivor of them, shall hold the lands and slaves herein before devised and bequeathed to them in this second item of my will for the use, support and maintenance of my son David during his natural life, and that they will permit my said son David to have the control and management of said property during his natural life, provided he does not attempt to lease out any of the land, or materially to change the arrangement of the fields without the approbation and consent of my son John, and that they will apply the rents, herein and profits thereof, which may come to their hands, to the support and maintenance of my said son David during his natural life, taking care that my said son David shall not in any view dispose of said property, or sell, or move it to a distance, or particularly abuse it; for which purpose they the said William L. Graham and John Pannill, or the survivor of them, whenever they discover that my said son David is disposed to waste, or injure, or sell or carry to a distance any portion of the lands and slaves hereby authorized and required forthwith to take possession of the lands and slaves herein before given and devised to them in trust as aforesaid, and the same to hold and manage according to their own discretion, applying the accruing rents, and profits, after deducting the necessary expenses, to the support and maintenance of my son David during his natural life, in such a manner as he may desire, provided the mode of application desired by him may, in their judgment appear reasonable. And upon the further trust that, after the decease of my said son David, they, the said William L. Graham and John Pannill, or the survivor of them, shall, if my said son David should leave legitimate children, divide the said lands and slaves equally among said children, not allowing the widow of my said son, if he leave a widow, to have any portion of the lands and slaves herein devised and given to them in trust as aforesaid, and if my said son David should die without leaving any legitimate children, that, in that event, they will at his decease, convey the lands, herein devised to them in trust as aforesaid, to my son John in fee simple and shall divide the slaves herein given to them in trust as aforesaid, together with the future increase of the female slaves from and after the date of this will into five equal parts, one of which parts they shall give to my daughter Catherine, one other of which parts they shall give to my daughter Elizabeth, one other of which parts they shall give to my daughter Mary, one other of which parts they shall give to the children of my deceased daughter Ann, and the remaining part to the daughter of my deceased daughter Judith; And if either of my living daughters should die before such division that they give the part to which such deceased daughter would have been entitled had she been living, to her children. It is furthermore my will and desire, that my said son David shall have power to dispose of by his last will and testament the crops gathered and growing in the year of his decease on the land herein before devised in trust for his benefit, all the stock of every description on said land belonging thereto at the time of his decease, all the carts, plantation utensils, household and kitchen furniture thereon and used thereon at the time of his decease: but if my said son should fail to dispose of the perishable property above enumerated by his last will and testament then it is my will and desire that the said William L. Graham and John Pannill or the survivor of them, shall divide the same equally among the legitimate children of my said son David, if he should leave any, or if he have no legitimate children, they shall divide the same among my living daughters and the descendants of my deceased daughters in like manner as they are herein before directed to divide the slaves given to them in trust as aforesaid at the decease, of my said son David.

Item 3rd - I give and bequeath to my son David forever, all the crops gathered and growing on my Halifax tract of land, herein before devised in trust to William L. Graham and John Pannill, at the time of my decease, all my stock of every description belonging to said estate at the time of my decease, all my stock of every description belonging to said estate at the time of my decease, all the carts, plantation utensils, household and kitchen furniture thereon and used thereon at the time of my decease, all dead liquers, provisions and forage thereon, laid in for the support of said estate, and remaining unsold and unconsumed at the time of my decease; Also all the blacksmith tools and coal belonging to and used on said estate at the time of my decease. I also give to my said son David and his heirs forever, all my shares in the Capital Stock of the Roanoke Navigation Company, except the ten shares thereof herein before given to my son John. I also give to my said son David the bed, bedstead and furniture, also the riding horse, bridle and saddle which he may have in use at the time of my decease.

Item 4th - It is my will and desire that my lots numbers ten and eight on the main street in the town of Danville, purchased by me from George W. Marable and included in the deed from said Marable to me, part of which at the upper end thereof has been heretofore conveyed by me to Charles Johnston, shall be divided into five equal parts in quantity, without regard to improvements: One of which parts I give to the children of my deceased daughter Ann, one other of which parts I give to me daughter Catherine, one other of which parts I give to my daughter Mary, one other of which parts I give to my daughter Elizabeth, and the remaining part thereof I give to the three daughters of my deceased daughter Judith. If any of my daughters now living should die before the division directed in this item of my will, it is my purpose and intention that the children of such deceased daughter should take the portion, which she would have been entitled to under the provisions of this item, had she been living.

Item 5th - I give and devise to my daughter Elizabeth and her heirs forever, my half acre lot in the town of Danville, supposed to be number One hundred and Six in the addition to the said town, conveyed to me by Robert and John Rass, and bounded on south by Pannill's Warehouse lot, and on the north by water street, also my lot on Cocke Street in the City of Lynchburg, adjoining the lots of Doct. H. Davis, John Thurmon and others.

Item 6th - I give and devise to my daughter Mary and her heirs forever, my lot of ground of twenty four feet front on the Main street in the City of Lynchburg, adjoining the lots of Murrell and Schoolfield, sold to me by Gwathmey, and conveyed to me by John Lynch; also my half acre lot in the town of Danville, supposed to be number one hundred and seven in the addition to said town, conveyed to me by Thomas Wilkinson, and bounded on the south by lot number ninety nine, conveyed to me by my son-in-law William L. Graham, on the north by Water street, on the east by Cross street, and on the west by lot number one hundred and six; also, my interest in Pannill's Warehouse in the town of Danville, being one third part thereof.

Item 7th - I give to the three daughters of my deceased daughter Judith, twenty shares of bank stock in the Capital Stock of the Bank of Virginia, to be equally divided between them.

Item 8th - It is my will and desire that the residue of my negroes not herein before specifically given, should be divided into five equal parts, one of which parts I give to the children of my deceased daughter Ann, one other of which part I give to my daughter Catherine, one other of which part I give to my daughter Elizabeth, one other of which parts I give to my daughter Mary, and the remaining part thereof I give to the three daughters of my deceased daughter Judith. If either of my daughters now living should die before the division of said slaves herein directed, it is my purpose and intention that the children of such deceased daughter shall take the portion thereof to which such deceased daughter would have been entitled under the provisions of this eighth item of my will had she been living.

Item 9th - I give and devise to the two sons of my deceased daughter Judith and their heirs forever, to be equally divided between them, a tract of land containing forty eight acres lying on the road from Green Hill to Brookneal in the County of Campbell about three miles from Brookneal but if either of the said sons should die unmarried and without children, then I give and devise the whole of said land to the survivor of them.

Item 10th - It is my will and desire that all the rest and of my estate of every description whatsoever, whether real or personal, not herein before disposed of, shall be divided into five equal parts: One of which part I give to the children of my deceased daughter Ann, One other of which parts I give to my daughter Catherine, one other of which parts I give to the three daughters of my deceased daughter Judith. One other of which parts I give to my daughter Elizabeth, and the remaining part thereof I give to my daughter Mary. It is my purpose and intention that, if either of my daughters now living should die before the division of the property disposed of in this clause of my will, the children of such deceased daughter shall receive the portion thereof to which such deceased daughter would have been entitled under the provisions of this item, had she been living at the time of such division. If it should be necessary to sell the real estate devised in this item of my will, in order to an equal and fair division, my executors are hereby directed and empowered to dispose of the same either publicly or privately at their discretion, and on such terms as they may deem best for the interest of the legatees, to convey the title thereof to the purchasers and to divide the proceeds of said sale according to the provisions of this item of my will.

Item 11th - It is my will and desire with regard to the property given and bequeathed by me in this will to the three daughters of my deceased daughter Judith, that if either of said daughters should die unmarried or without children, the said property shall belong to the survivor or survivors of them.

Item 12th - It is my will and desire that the property herein before devised and bequeathed to my married daughters, should be applied to their separate use and maintenance, and should not be subject to the debts of their husbands.

Item 13th - My deceased son-in-law Abram W. Wimbish is largely indebted to me on account of his proportion of the losses in the two concerns of Wimbish and Pannill, and Abram. W. Wimbish & Co. The said Abram W. Wimbish is also largely indebted to me in his individual character, to secure which debt, as well as his other debts he conveyed in his lifetime to John Pannill and myself all his property including his interest in the concern of Pannill, Wimbish and Miller. Now when the whole of the debt due from him individually to me is fully paid and satisfied it is my will and desire that whatever then remains of the property conveyed by him to John Pannill and myself shall be released to his children and that my executor release all further claim against his estate.

Item 14th - Some of the slaves herein before given to my son John may, at the time of my death have wives among those herein before given to William L. Graham and John Pannill in trust for my son David and some of the slaves given as aforesaid to William L. Graham and John Pannill in trust, may have at that time wives among those wherein before given to my son John. Now to prevent a separation of families among said slaves as far as practicable, I do hereby empower my executors, in case any of the male slaves given as aforesaid should be in danger of separation from their wives and families in consequence of the bequest aforesaid, to transfer the slaves given as aforesaid to my son John who have wives given to William L. Graham and John Pannill to be held by them on the same trust set forth in the second item of this will and to transfer the slaves given to them in trust as aforesaid, who have wives given herein to my son John, to my said son John to be held by him as his individual property, taking care that the slaves so exchanged shall be valued by disinterested men to be called on for that purpose by my executor and if there should be any difference to be made up in money by the party to whom the most valuable allotment of slaves shall have been transferred, in of the provisions of this item of my will.

Item 15th - It is my will and desire, that no claim of debt set up against my estate by any of my children or son-in-law shall be allowed or paid by my executor unless such debt be evidenced in writing under my hand.

Item 16th - If any of the devises or legacies made in this will, should from any cause fail in whole or in part, the devisee or legatee to whom such failure shall occur, shall have no claim for an equivalent against my estate. I am advised that such claim would be untenable in law, but for the greater certainty and abundant caution, I think it best to make this declaration of my will in the premises.

Hereby revoking all wills and testaments by me heretofore made, ordained or published. I do hereby declare, ordain, and publish this to be my last will and testament written on nine pages and subscribed by me on the ninth page, and I do hereby appoint my son John Pannill, and my son-in-law William L. Graham executors of my said last will and testament and I desire that my said executors shall not be required to give security for the execution of this will when they qualify in court, having full confidence that they will perform the duty herein devolved in them, with perfect fidelity and uprightness. Having given my said son John a very large estate in this will, I have provided that he shall neither claim or receive any compensation for services rendered to me in my lifetime or for services rendered to my estate after my death; but it is my will and desire, that William L. Graham shall receive out of my estate a reasonable compensation for his trouble as my executor. It is also my will and desire that no appraisement be made of my estate; that my estate be kept together during the year of my decease; and that no division thereof be made until the close of that year, unless my executors think it expedient to make a distribution at an earlier period. In testimony whereof I have hereunto set my hand and affixed my seal, this twenty sixth day of January in the year of our Lord eighteen hundred and fifty nine.

Samuel Pannill Signed, Sealed, published and acknowledged in the presence of John B. Dabney Jas. W. Jordane James C. Fariss Robert R. Younger Evan I. Davis Robert S. Wooding Thomas King

In the name of God, Amen. I, Samuel Pannill of Green Hill in the County of Campbell being at this time in good health of body and sound and disposing mind and memory do make and ordain this codicil to my last will and testament bearing date on the twenty sixth day of January in the year of our Lord, eighteen hundred and fifty nine, and hereto in manner and form following to wit:

I hereby revoke and annul the ninth item of my said will and testament, by which I devise to the sons of my deceased daughter Judith a tract of land containing forty eight acres near Brookneal having sold the said tract of land in my lifetime. I hereby revoke and annul all the devises and bequests to my daughter Catherine made in my said last will and testament and I give and devise and bequeath all the property both real and personal of every description whatsoever therein devised and bequeathed to my daughter Catherine to William L. Graham and John Pannill or the survivor of them; in trust nevertheless that the said William L. Graham and John Pannill or the survivor of them shall hold the said property both real and personal for the exclusive support and maintenance of my said daughter Catherine, and that they or the survivor of them shall receive the rents, hires and profits of the said property, and apply them to the exclusive use, support and maintenance of my said daughter during her natural life and that after the death of my said daughter, they or the survivor of them shall divide the said property both real and personal equally among the children of my said daughter Catherine. I hereby revoke and annul all the divises and bequests to my daughter Mary made in my said last will and testament of every description whatsoever, both real and personal, and I give devise and bequeath all the property of every description whatsoever therein .devised and bequeathed to my daughter Mary, to William L. Graham and John Pannill or the survivor of them; I also give and devise to the said William L. Graham and John Pannill or the survivor of them two thirds in Pannill's warehouse in the town of Danville, which I have recently purchased: In trust nevertheless that the said William L. Graham and John Pannill or the survivor of them shall hold the said property both real and personal, including the two thirds of Pannill's warehouse in the town of Danville recently purchased by me as aforesaid, for the exclusive use, support and maintenance of my said daughter Mary, that they, or the survivor of them, shall receive rent, hires and profits of the property hereby given and bequeathed to them in trust as aforesaid, to the exclusive use, support and maintenance of my said daughter Mary during her natural life and that at the decease of my said daughter Mary they or the survivor of them shall divide the said property both real and personal equally among the children of my said daughter Mary. In testimony whereof I have hereunto set my hand and affixed my seal, this twenty seventh day of July in the year of our Lord, One thousand eight hundred and sixty.
 
Samuel Pannill Signed, sealed, published and acknowledged in the presence of John R. Dabney Robert Wooding Thomas King

At a County Court opened and held for Campbell County at the courthouse thereof on Monday, November 11th 1861. The last will and testament of Samuel Pannill deceased, together with the codicil attached thereto, was produced in court, proven by oaths of John R. Dabney, James W. Jordan and Thomas King, three of the subscribing witnesses thereto and ordered to be recorded. And on motion of John Pannill and William L. Graham the Executors therein named, leave is given them to qualify as such without giving any security (the testator having so requested in his will), whereupon they gave a bond without any security, in the penalty of Four hundred Thousand Dollars conditions according to law. 
Teste. Jno. D. Alexander C. By, Wm. N. Patterson D.C.

Last updated on January 13, 2009, 
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