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Last Will and Testament of Nicholas Speak
[Early Settlers of Lee County, Virginia and Adjacent Counties, Vol. II, Hattie Muncy Bates, Copyright 1977, pages 950-951]



I, Nicholas Speak a citizen of Lee County, in the State of Virginia being of sound mind and memory, do make, ordain, and publish this, as, and for my last will and testament hereby all former wills by me made.

Firstly, I give and bequeath to my beloved wife, Sarah Speak all my estate, both real and personal, during her natural life, if she during that period remain a widow, but if she marry then it is my will that my said wife be endowed of my estate as though I had made no will.

Secondly, it is my will that, at the death of my said wife Sarah Speak, one hundred fifty acres of land be laid off so as to include the mansion house, outbuildings and spring of the tract on which I now reside for my daughters Fanny Speak and Rebecca Speak and give and bequeath the said one hundred fifty acres of land to my said daughters Fanny and Rebecca and to their heirs forever a moiety to each.

Thirdly, at the termination of the estate of my wife Sarah in my land as herein before provided I give and bequeath to each of my sons Samuel Speak, John Speak and James A. Speak and to their several heirs one hundred fifty acres not herein before disposed of, to Jesse C. Speak (my son) I give and bequeath ninety three acres of my land to him and his heirs forever.  It is my will that, if my before mentioned sons Samuel, John, James A. and Jesse cannot agree upon lines of division between them as regards the lands I have herein bequeathed to them then I desire the Court of Lee County to appoint three Commissioners to lay off the said lands in lots as nearly equal in value as may be, quality and quantity being considered and then for my sons to decide the ownership of the several tracts by lots.  The condition upon which I give and bequeath the herein before mentioned lands to my sons Samuel Speak, Johns Speak, James A. S;peak and Jesse C. Speak and their several heirs, is that my sons pay jointly and in proportion of the value of their respective lots of lands the sum of seven hundred and fifty dollars as follows, to wit, one hundred fifty dollars to Sarah Bartlet, the like sum of one hundred fifty dollars to my daughter Jane Ball, and the like sum of one hundred fifty dollars to the six children of my deceased son Charles Speak to be equally divided between them the said children, the like sum of one hundred fifty dollars to the eight children of my decd son Joseph to be equally divided between them, and the remaining one hundred fifty dollars to the five children of my decd son Thomas, to be equally divided between them the said children and I direct that the herein before mentioned payments of money to be made by my said sons Samuel, John, James A. and Jesse C. shall be made at the expiration of one year after the death of my wife Sarah Speak to such of the children herein indicated as shall then be of the age of twenty one years or more and then to all the other children as they respectively arrive at the age of twenty one years.  I also give and bequeath to each of my daughters Fanny and Rebecca a horse worth sixty dollars to be delivered to them at the death of my wife Sarah Speak.  It is my will that the remaining portion of my estate not otherwise disposed of by my wife at her death, be equally distributed among my heirs at law.  I hereby constitute and appoint my son John Speak Executor of this my last will and testament of which I have hereunto set my hand and seal this 22nd day of April in the year 1852.
                                                                                                                                    Nicholas Speak   (SEAL)

The foregoing instrument of writing
was signed and acknowledged
in our presence by Nicholas Speak
and declared by him as his last
wil and Testament, and we have
subscribed our names thereto at
his request as witnesses.
    Emuel Stafford
    John M. Crockett

Whereas I, Nicholas Speak of the County of Lee and State of Virginia have made my last will and testament in writing bearing the date 22nd day of April eighteen hundred fifty two and have hereby made a disposition of all my land and personal property as will be seen by Reference thereto except my land warrant, which land warrant, now I do by this my writing which I declare to be codicil to my said will to be part thereof will and direct that said land warrant be given to the heirs of Joseph Speak they be eight in number four neffues and four nieces with all its appurtenances as theirs to have and to hold forever and lastly it is my desire that this my present codicil be annexed to and made a part of my last will and testament to all intents and purposes in witness whereof I have hereunto set my hand and seal this the 25th day of May in the year of our Lord eighteen hundred fifty two.
                                                                                                                            Nicholas Speak    (SEAL)
The above instrument of one
sheet was at the date thereof
...to us by the testator
Nicholas Speak to be a codicil
to be annexed to his last will
and testament and he achnowledged
to each of us that he
had subscribed the same and
we at his request sign our
names hereto as witnesses
                                                                                                                            Emuel Stafford        (SEAL)
                                                                                                                            Samuel Speak         (SEAL)

Virginia
At a court of quarter sessions begun and held for Lee County at the Courthouse on Monday the 21st day of June 1852.

The last will and testament of Nicholas Speak deed was proved by the oaths of Emanuel Stafford and John M. Crockett witnesses thereto...and the codicil to the last will was proved by Emanuel Stafford and Samuel Speak and on motion of John Speak Executor therein named together with Cavender N. Robinson, William Collin and William S. Ely his security entered into bond in the penalty of $1000....
 

Will Book No. 2, Page 209
Sale Bill of property sold by Robert M. Bales Committee for Sarah Speaks on the 12th day of February 1859.
Admitted to record Monday 20th June 1859
                                                                                                                        H.J. Morgan CC

From time to time property of Sarah Speak was sold by Robert M. Bales, Committe before her death.
    Sarah Speak died in the year 1865.

April 1, 1865
    We the undersigned after being duly sworn have appraised or valued the following articles or species of property belonging to the Estate of Sarah Speak deceased  (to wit)
...
Stephen X. Bales
Vincent Bales            Appraisers
Jos. A. Hardy
Admitted to record 28th March 1866
                                                                                                                        Henry J. Morgan Clerk