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James & Patience (Sumpter) Suddarth

James Suddarth was born about 1720 in Stafford Co., Va. and died 1 Sept. 1800 in Ablemarle. He married Patience Sumpter 9 Dec 1746 at Ablemarle Co., Va. Patience was married twice, first to John Franklin. She was born about 1729 at Hanover Co., Va. and died 1813 at Ablemarle Co., Va.

Will of James Suddarth
Will Book 4, page 52, Albemarle Co., VA

In the name of God Amen: I, James Suddarth Senr. of Albemarle County Virginia being in a low state of bodily health but of perfect mind and memory do make this my last will and testament and first of all I do recommend my body to the Earth to be buried in a decent manner at the discretion of my executors in hope of a glorious ressurection and my Soul to God who gave it and as to my worldly estate I dispose of it in the following manner Viz: First I give and bequeath to my beloved wife Patience Suddarth peaceable possession of the house and plantation whereon I now live, during her natural life, as also of my Negroes Moses, Taylor, Mary and Lidda to return, together with their increase to my children, at her death. It is further my will that at the division of my estate that she shall take as much of my stock and household furniture as she shall judge necessary for her support.

Secondly it is my will and desire that the land on which I now live and have had in possession of a long time together with the land purchased of Capt. P. Cock be equally divided between my two sons William and James Suddarth and in case that the land purchased of Capt. John Lewis (or Sims) about which there is a dispute at present should be made good to them it is my desire that that also should be equally divided between them, but in case Capt. Lewis (or Sims) or his executors should fail to make a lawful title to said land it is my desire that the money already paid toward the purchase of said land, which of course must be refunded, shall be equally divided as also the balance of the money that was to be paid toward said purchase.

Thirdly it is my desire that after the allotment of my lands to my two sons, as has been mentioned above, that then an equal division of my remaining property, negroes, stock, and household furniture take place amongst my children counting in what of my property has already been given away to my children.

In consideration of this my last will and testament I have hereunto set my hand and affixed my seal this seventeenth day of January in the year of our Lord 1796. James Suddarth Senr. his X mark

Test. William Irwin William P. Patterson Mary X Martin P.S. I do hereby approve my two sons William and James Suddarth in conjunction with Mr. Tandy Key and M. L. Murrill Executors of this my last will and testament. James Suddarth Senr.

P.S. It is also my desire that as to the property already given to my children at a distance they may not be put to the necessity of bringing it to the spot for the sake of appraisement after my decease for this reason viz: that it would be nearly as much expense as such property would be worth to remove it back and forward to such a distance. It is also my desire that they may not be required to account for the profits arising from such property since the time of its being given. That this is an additional clause to my last will and testament I signify by affixing my hand and seal this twenty fifth day of December 1799. James Suddarth his X mark

Test. William Irwin

N. B. Circumstances have been somewht altered since the writing of my will as above exprept I think proper to make the following alteration viz: I give and bequeath to my wife Patience Suddarth as above exprept save the mill that my son James has since built and the water and water course to support it, and the distillery that he has erected, together with the house in which he now lives, together with a barn that he has in contemplation to build which he has already paid for.

It is also my will that my lands as specified above, be equally divided between my two sons according to the lines which they have agreed on that is to say, Beginnning at the Ivy Ridge on Joseph Sutherland's line and coming up the old road as far as it runs in a straight direction thence to the Psimmon Mountain to the upper corner of my fence adjoining Skylar Harris line.

That these are the amendments accordingas circumstances have altered since the time in which I wrote the above is witnessed by affixing my hand and seal as above this eleventh day of March Anno. Dom. 1800. James Suddarth his X mark Test. William Irwin Mary X Martin At a court held for Albemarle County the 1st day of September 1800 this last will and testament of James Suddarth Senr. was brought into Court and proved by the oath of William Patterson and Mary Martin two of the witnesses thereto and by the court ordered to be recorded and on motion of William and James Suddarth two of the executors therein named certificate is granted them for obtaining a probate in due form of security and qualified accordingly. Test. John Nicholas C.A.C.