Thomas Treadway of Maryland Treadway Wills
Moses Tredway, Jr.
01 Jul 1857
Donated by Katie Park
Prince Edward Co., Virginia
I, Moses Tredway, of Prince Edward County, Virginia being now of sound mind, do make this my last will and testament.
First – I direct that, within one year after my decease , my executors shall sell all my estate not otherwise appropriated herein – and shall apply so much of the proceeds as maybe necessary to the payment of my debt.
Second – I give to each of my daughters Elizabeth H. and Harriet D., two thousand dollars, in absolute property and in like amounts to each of them and of my Negroes and bedstead, bed and bedding all of which each shall select for herself out of my estate.
Third – I give to my son, Moses Edward Tredway one thousand dollars and my Negro boy Mat in trust for my grandson Edward Curle, son of John G. Tredway: the annual interest of the money and the hire of the Negro to be applied to the maintenance and education of my said grandson during his minority. When my grandson shall attain the age of twenty one I give him absolutely the said money and Negro. But if he die during his minority the Negro Mat shall be sold and the proceeds of the sale together with the said thousand dollars shall be equally divided between my four children Mary M Hughes, Sarah A Montiero, Evelina W. Tredway and Moses Edward Tredway and further I direct that my son M.E. Tredway shall not be required to gain security as trustee.
Fourth – As the remainder of the proceeds of my estate after payments of my debts and the special bequest afore directed shall be divided into six equal parts: of which I give absolutely one part to each of my five children, Mary M. Hughes, Moses E. Tredway, Elizabeth H. Tredway, Evelina W. Tredway and Harriet D. Tredway and the remaining sixth part I give in trust to my son Moses E. Tredway for the benefit of my daughter Sarah A. Montiero and her children. But if either of my daughters Elizabeth H. and Harriet D. shall marry before the final division of the estate she shall not take anything under this section – but the whole of the said remainder shall be equally divided as above directs between the five others of my six children named in this fourth section. And if both of them shall marry before the final decision the said remainder shall be divided between the four others of the six named in this section. – And, in any case, I give his portion allotted to my daughter Sarah A. Montiero to my son M. E. Tredway, in trust for the benefit of himself and his children at his discretion.
Fifth – I give no portions to my sons William M. and Thomas H. because each of them has received a full share of my estate during my lifetime: nor to my son John G; because the money I have advanced to him and for him with the provision herein made for his son would ah(?) cash equal a full share.
Sixth – My estate shall be chargeable with the maintenance of my daughters Elizabeth H. and Harriet D. – they remaining unmarried from the time of my death to the final division and distribution thereof.
I appoint Thomas T. Tredway and Moses Edward Tredway executors of this will and direct that they shall not be required to give security on this qualification. In testimony where of I hereto put my hand and seal this 1st day of July 1857.
Moses Tredway’s Codicil to the forgoing will, Whereas I have made my will as hereto annexed and had therein allotted to my daughter Sarah A. Montiero a certain share of my estate: and whereas I have, since the date of that will, executed my lean to Peter Guerrant of Goochland County in the sum of one thousand dollars for the benefit of my said daughter and her children: to wit in the purchase from said Guerrant of his interest in a tract of land occupied by Henry Montiero in Goochland County. I do now direct that my executors shall see that said land is paid on if unpaid at my decease, they shall pay it as a part of my debts and if the said thousand dollars shall be paid by me or by my executors then in either case my said daughter shall have no portion of my estate under my will; but the whole after payment of debts and special legacies shall be equally divided between my other children enumerated in the will as the distributes at the final division. But if said bond shall be paid by my daughter or her husband Henry N. Montiero then this codicil shall be null and my daughter Sarah shall receive her equal share as provided in the will. Given under my hand and seal this 7th December 1857. Moses Tredway The within writing was acknowledged this day in our presence by Moses Tredway as his and deed. A.C. Carrington and A.R. Venable At court held for Prince Edward County January 21st 1861 this last will and testament of Moses Tredway decd. annexed was presented in court and the said will was proved by the oath of Henry S. Guthery a witness thereto and the said codicil was proved by the oath of A. C. Carrington and A.R. Venable two witnesses thereto. At a court held said county January 22, 1861. This last will and testament of Moses Tredway decd. with a codicil annexed was again presented in court and the said will was further proved by the oath of James A Womack a witness thereto ordered that said will and codicil be recorded on the motion of Thomas T. Tredway one of the executors herein named, no security being required in the will he entered into and acknowledged his bond for the purpose in the penalty of $25,000 conditioned according to law, and took the oath required by law. Certificate for obtaining a probate thereof in sure form is granted him.