Thanks to Ted Gardner for transcribing this will.
(State Historical Society of Wisconsin, 2VV215, 219)
In the name of God, Amen. I, HENRY TIMBERLAKE, of the Parish of [St.] Pauls and County of Hanover, being of sound mind and memory do make this my last will and testament.
Imprints - I, having conveyed to my son, CHAPMAN TIMBERLAKE, two hundred and forty-eight acres of land, lying in the county of Hanover, do now give him and his heirs forever, the following negroes, to wit: Peter, Mary and her increase, as his, the said Chapman has full proportion of my estate. I, having given to my daughter, Mary, the wife of Alexander Anderson, to the amount of two hundred and fifty pounds, do now give to her and her heirs one half of the money that is due to me under the will of Thomas Austin, dead, as her full proportion of my estate, and the other half of the money due to me under the said Austin's will I give to my daughter Sophia Timberlake and her heirs forever. I give to my son Henry Austin Timberlake two thousand dollars in lieu of land, to be paid to him or his heirs by my executors hereafter named, when he arrives to the age of twenty one years. I give unto my sons, Benjamin Arthur and Reuben Timberlake, the track of land on which I now live to be divided between them when my son Benjamin Arthur arrives of twenty-one years, in the following manner, to wit: Beginning at pine at the forks of the road leading to the house from the main road, and running down the hollow to the foot of the hill, at the edge of the low grounds, and then to run in such a manner as to divide the low grounds equally between them. The part on which my dwelling house stands I give to my son Reuben Timberlake and his heirs forever, and the other half I give unto my son Benjamin Timberlake and his heirs forever. I give all the rest of estate, not herein before disposed of , to my son Benjamin Arthur Timberlake, my daughter Sophia Timberlake, my son Henry Austin Timberlake, and my son Reuben Timberlake and their heirs forever, upon the following conditions -- That the negroes and such part of the stock and other property as my executors hereafter named, may think proper, shall be kept upon ;the land on which I now live, for the maintenance and education of my four last named minor children, until my son Henry Austin arrives to the age of twenty one years- then for him to have delivered the one fourth part of all the negroes and stock then living and one fourth part of any money that may arise for the profits of the said estate or from any part of it may be sold; I desire that the remainder of the said estate may be kept together as before directed until my daughter Sophia arrives to the age of twenty-one years or marries - upon either happen, for my executors to give her one fourth part of the negroes, stock, and money as I have directed to be given to my son Henry Austin; and the remainder of the said negroes and stock I desire to be kept upon; the said land until my son Benjamin Arthur Timberlake arrives to the age of twenty-one years and then the said negroes, remaining stock, balance of the profits and one half of the money arising from sales, together with the said land I desire may be divided between my sons Benjamin Arthur Timberlake and Reuben Timberlake, which I give unto them and their heirs forever-- the land to divided in the manner that I have hereinbefore directed.
As witness whereof I have put my hand and affixed my seal this second day of February in the year of our Lord Christ One Thousand Eight Hundred and Five.
Signed, sealed, published and declared in the presence of (the words (estate) and (remainder) being first interlined)
Tyler, John P. Winston, John Browning.
At a Court of Monthly Session, held for Hanover County, at he Court House, on Wednesday the 27th day of March 1805, this last will and testament of HENRY TIMBERLAKE, deceased, and the codicil thereunder written, were offered for proof by Alexander Anderson, one of the Executors in the said codicil named, and were proved by the oaths of John P. Winston and John Browning, witnesses thereto, also by the oath of the said Executor, and are ordered to be recorded.
Test: William Pollard, C.M.C.A copy: Teste: RHO. Pollared D.C.H.C.
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