Shiflet Wills

Shiflet Wills 1870 and later

Merry Shifflett
23 March 1870
Greene Co. Deed Book 2, p. 83

I Merry Shiflete of the County of Greene and State of Virginia being of sound mind and memory do make this my last will and testament in manner and fowlowing that is to say after the payment of all my debts and funerell expenses, I give and bequeath to Emily Frances Shiflett wife of Smith Shiflett the tract of land on which I know reside to her and her heirs forever, I further give each of my children Ahas, Ace, Morton, Cally and Henry each to have one dollar out of my personal eastade signed sealed and delivered in the presents off
I L Dunn Merry Shiflete
W I Knight 23 March 1870

In Greene County Court the 13th of April 1870, this last will and testament of Merry Shiflete was offered and proved by the oaths of I. L. Dunn & W. I. Knight witnesses thereto and ordered to be recorded.
Teste - Daniel Miller Clk

St. Clair Shifflett
25 May 1873
Rockingham Co. Deed Book 11, pg. 23

Submitted by Larry Shifflett lfsofva@hotmail.com

In the name of God, Amen, I, St. Clair Shifflett, of the County of Rockingham, and State of Virginia, being of sound mind and memory, and disposing ability, do make this my last will and testament in the manner and form following hereby revoking and making void all former wills, by me, at any time heretofore mentioned:
And, first, I direct that after my decease, my body be decently buried in Mrs. Mary Stover's grave yard. And as to property as it hath pleased God to entrust me with, I dispose of the same as following:
First, I direct that all my just debts and funeral expenses be paid as soon after my decease as possible, put of the first moneys that shall come into the hands of my executrix herein after mentioned, from any portion of my Estate, real or personal.
Second, I give and bequeath unto Nancy Crawford the land that I purchased of Reamer and Hall, and also, that which I purchased from Christopher Harnesberger and wife, it being all the real estate that I own, containing about eight acres, more or less. And also, I give and bequeath unto the said Nancy Crawford, all of my personal property, which together with my real estate mentioned above is hereby bequeathed unto the said Nancy Crawford, and her heirs forever. Third, I give and bequeath unto my daughter Elmira one dollar.
Fourth, I give and bequeath unto my son Samuel one dollar.
Fifth, I give and bequeath unto my daughter Edith, one dollar.
Sixth, I give and bequeath unto my daughter Rebecca Crawford, one dollar.
Seventh, I consider that my son Joseph has received his full share in property which I have given him in my lifetime; therefore he is to have nothing more of my estate.
Lastly, I do hereby constitute and appoint the said Nancy Crawford, executrix of this my last will and testament.
In witness whereof, I have hereunto affixed my hand and seal this 25 day of May 1873.
Signed in the presence of St.Clair (his X mark) Shifflett SEAL
the testator, and in the presence
of each other,
Noah W. Shuler
J.W.T. Samuels

In the County Court of Rockingham County, August Term, 1874, J.W.T. Samuels & N.W. Shuler, in obedience to a Rule awarded at last term of this Court against them, on the motion of Nancy Crawford, this day produced in Court a certain writing purporting to be the last will and testament of St.Clair Shifflett for probate, and by consent of counsel for the parties, the probate of said will is continued until the next term of this Court. A Copy, Atteste, J.T. Logan, Clerk.

This Article of Agreement made and entered into this the 12th day of February 1874, between Nancy Crawford, Edith Shiflett, Rebecca A. Crawford and Almira Shiflett, Heirs of St.Clair Shiflett, dec'd, witnesseth that each one of the above named heirs of the sd. St.Clair Shiflett, dec'd, do agree 1st to have an administrator appointed over the Estate of the sd. St.C. Shiflett, dec'd. The said administrator is to appoint three disinterested men to appraise the whole of the Personal property of the sd. St.C. Shiflett, and then, in due time, advertise and sell the whole of the sd. personality, together with one tract of Land, Known as the Harnesberger tract, containing 4 acres more or less And they further agree that out of the proceeds all the debts of the sd. St.C. Shiflett shall be first paid, and then, the residue to be equally divided among the above named Heirs, And they still farther agree that the sd. Nancy Crawford shall have the House & one acre of the Land upon which now stands the dwelling house of the sd. St.C. Shifflet, dec'd, for her own use & behoof, and it is also agreed that the sd. Nancy Crawford shall have the use of the balance of the Home tract, as long as the balance of the sd. heirs may hereafter agree upon.

Signed, sealed and delivered in presence of Wm. J. Crawford E. Q. Sanford		Signed Nancy (her X mark) Crawford SEAL Edith (her X mark) Shifflet SEAL Rebecca (her X mark) Crawford SEAL Almira (her X mark) Shifflet SEAL
In the Clerk's office of the County Court of Rockingham, May 18, 1874 Rockingham Co. Deed Bk # 11, Page 23

Winston Shifflett
d. 24 Dec. 1872
Rockingham County Chancery Cause, File 101
Jarrard Shifflett vs. Nelson Shifflett & others, Oct. 1884
Submitted by Larry Shifflett lfsofva@hotmail.com
See also Larry's analysis of the children on the Early Shifletts Project page and corrections submitted for Shiflet 1700-1900

Court of Rockingham County, In Cty sitting, Humbly complaining showeth unto your Honor, your orator and oratris, that Winston Shiflett late of the County of Rockingham died intestate some eight or ten years ago leaving a considerable real estate situated and being in the said County of Rockingham, and at the time of his death had six lawful children that were entitled to his estate after payment of debts & the names of which will be hereafter given. Your orator by virtue of his marriage with your oratris who was a daughter of said Winston Shiflett and therefore is entitled to one sixth of said estate. Your orator further expresses unto your Honor that soon after the war Winston Shiflett was largely indebted as security and became utterly insolvent as he thought and believed and in order to protect himself from such suretyship, made a deed to Carson Shiflett as of the 16 day of January 1868, in which he undertook to convey his real estate for the sum of one hundred dollars. Copy of the deed is herewith filed as exhibit "A" and asked to be read with this bill - said Carson Shiflett never knew of the existence of said deed, never exercised any ownership of the property, never paid one cent of money to Winston Shiflett, therefore as your orators charge that the said deed was made without any consideration and fraudulent and was made by Winston Shiflett to cheat, hinder, and defraud his creditors. Your orators further represent that on the 20 day of August 1868, the said Carson Shiflett undertook to sell the same land to Harrison Shiflett for the sum of $475.00 (a son of Winston Shiflett) copy of said deed is herewith filed as exhibit "B" and asked to be read with this bill. Your orators charge that Carson Shiflett never did receive the amount as stated to have been paid in hand, and in fact never knew that he was possessed of said land until a few hours before the execution of said deed to Harrison Shiflett. Harrison Shiflett was the first person to intimate such a thing to Carson Shiflett, therefore this said deed is fraudulent and without consideration and was made to carry out and perfect the fraud in said deed. Your orators further represent unto your Honor that after the deed was made to Harrison Shiflett, he had a ---- ---------in which he undertook to get the children of Winston Shiflett to sign and authorize him to sell all the lands of Winston Shiflett, the same identical land that had been deeded to Carson Shiflett and to said Harrison Shiflett, to sell the same to Isaac Wyant. Copy of said Article is herewith filed as exhibit "C" and asked to be read with this bill, said paper purports to be signed by all the children except your orators wife, Rebecca Shiflett and Jackson Shiflett, therefore they are not bound by said paper. And on the back of said paper an endorsement is made to the effect that they the within named parties assigned our interest over to said Harrison Shiflett as of 30 Jany 1880. It purports to be signed by Louisa Coleman and Diana Coleman. Soon after the execution of the paper referred to, Harrison Shiflett sold the land to Isaac Wyant by deed, copy of said deed is herewith filed as exhibit "D" and asked to be read with this bill. After Isaac Wyant entered into the possession of said land, your orators received a letter from said Wyant recognizing that your orators had an interest in said land, proposed to give your orators the sum of twenty-five dollars for their interest in this same identical land which has been so minutely spoken of here. Copy of said letter is herewith filed as exhibit "E" and asked to be read with this bill. Your orators refused to take the sum of twenty-five dollars knowing that the interest of Rebecca Shiflett was worth at least the sum of one hundred and fifty dollars. Your orators further represent that Isaac Wyant has made sale of this particular land to one James H. Haney for the sum of $ [blank] and has made a deed to same, copy of said deed is herewith filed as exhibit "F" and asked to be read with this bill. The said James H. Haney was notified of the Cloud upon the title to said land before he became the purchaser, but the said Haney is still owing the greater part of the purchase price. Soon after the first deeds were made, exhibit "A" and "B", Winston Shiflett departed this life intestate and his estate has been regularly committed to the hand of the sheriff of Rockingham County for administration, copy of said administration is herewith filed as exhibit "G" and asked to be read with this bill. Your orators charge and believe that there are certain bonds and other property of Winston Shiflett that went into the hand of Harrison Shiflett as an Executor "de son lost", and that he never has accounted for any such property, that he had full access to his papers, And that before his death he held bonds against Carson Shiflett for $100.00, that Harrison Shiflett took said bonds and delivered them to one Coleman if Carson Shiflett would make him the deed to land. that the said Harrison Shiflett be required to turn over to J. H. Ship, Adm. as aforesaid such property as he now has or may have had heretofore belonging to the estate of Winston Shiflett. Your orators further represent that they are entitled to one sixth of the interest of the estate of Winston Shiflett both real and personal, that the heirs of Winston Shiflett are six in number whose names are as follows: Nelson Shiflett, Harrison Shiflett, Jackson Shiflett, Louisa Coleman now the wife of John Coleman, Diana Coleman, Rebecca Shiflett, the wife of Jarrard Shiflett. To the end therefore as your complainants are -------- adequate relief save in this your HonorÕs Court of Chancery, where such matters are ----- cognizable and believable and that Nelson Shiflett, Harrison Shiflett, Jackson Shiflett, John Coleman and Louisa his wife (nee Shiflett), Diana Coleman (nee Shiflett), Carson Shiflett, Isaac Wyant, Jas. H. Shipp, Admin. of Winston Shiflett, and James H. Haney may be made parties defendants to this bill and answer each allegation thereof as if they had been especially ---- -------- thereto. that the deeds made from Harrison Shiflett to Carson Shiflett be set aside as fraudulent without any consideration and that the deed from Carson Shiflett to Harrison Shiflett and from Harrison Shiflett to Isaac Wyant, and from Isaac Wyant to James H. Haney be annulled, from the fact that the two first deeds are fraudulent and that Harrison Shiflett be required to turn over to James H. Shipp, Administrator of Winston Shiflett, such property or money belonging to said estate, what property it was he took charge of in his own ---- as Executor "de son lost" of Winston Shiflett, and that one sixth of said estate of Winston Shiflett both real and personal be turned over to Rebecca Shiflett, the oratris in this cause. To have a distributed account and to ascertain who are the bona fide Legatees of Winston Shiflett, and such other orders as may be proper by the Court to direct. And that your complainants may have such other and further general relief as your Honor think best & meet ------ will ever pray,
Jarred Shiflett & Rebecca Shiflett, his wife
By Humes & Yancey their Attorneys

Exhibit C
An article of agreement made and entered into this 30th day of Jany 1880 between Louisa Coleman of the County of Greene & State of Virginia, Diannah Coleman of the County of Albemarle and State of Virginia, Nelson Shifflett of the County of Albemarle and State of Virginia, Jackson Shifflett of the State of Iowa and Bird Shifflett of the State of Virginia, all heirs at law of Winston Shifflett decÕd, of the first part and Harrison Shifflett also an heir at law of sd Winston Shifflett, of the second part. Witnesseth, that the sd parties of the first part agree and consent that the sd Harrison Shifflett of the second part shall sell all the lands of sd Winston Shifflett in Rockingham County to Isaac Wyant for the sum of three hundred and twenty-five dollars, one hundred dollars cash in hand and the sd Isaac Wyant to execute his note for the balance to sd Harrison Shifflett of the second part in two equal installments payable at twelve and twenty four months without interest until they become due. And the parties of the first part agree that the sd Harrison Shifflett of the second part shall receive all the money for said land and settle with them, the parties of the first part for the same. In witness whereof the parties hereby sign their names.

Alfred Edgar Shiflet
Written 26 Jan 1875
Augusta County Will Bk. 46, page 557
Submitted by Larry Shifflett

In the Name of God Amen, I Alfred Edgar Shiflet of Augusta County, State of Virginia, do make this my last will and testament as follows, that is to say, my desire is to be buried with as little expense as decency will permit and that all my debts and funeral expenses be paid as soon after my decease as conveniently may be, And I give and devise all my lands, tenements and hereditiments whatsoever situate, lying, and being in Augusta County, with their appurtenances unto my dear wife Addeline Shiflet and her heirs forever, And I give and bequeath all my household goods and furniture, household linen and household utensils in my house together with all my personal property of all kinds, including debts due me unto my said wife for her own use, And I nominate and appoint my said wife Executrix of this my last will and testament and on her qualification as Executrix of this my last will I request and direct that no security be required of her. In Witness whereof I the said testator, Alfred Edgar Shiflet, have hereto set my hand and seal on the 26th day of January 1875.
Alfred Edgar Shiflet SEAL

Elizabeth Shiflett
Proved July 1887
Greene County Deed Book #2, page 140
Submitted by Larry Shifflett

I, Elizabeth Shiflett being of sound mind and knowing the certainty of death and the uncertainty of life do make this my last will and testament. First I will that my just debts and funeral expenses to be paid by those that I leave my land too: Second, I will and bequeath my land to my children Marrietta Shiflett Nancy Shiflett and John Shiflett, my son John ShiflettÕs part to be held by my daughter Marrietta in trust for a term of five years from my death. I will that the three live together as they do now during that time. Third, If Nancy Shiflett or John Shiflett wish to sell their parts they shall sell the same to Marrietta Shiflett at assess value if she being alive. If she is not living, and John Shiflett wishing to sell his part he shall sell the same to Nancy Shiflett at assess value or if Nancy Shiflett wish to sell her part she shall sell the same to John Shiflett. My land must not be sold out of the family. Fourth, My daughter Catherine Shiflett, I have nothing to leave her. I have raised her children for her and that is all I can do for her & children. She must stay in the house so long as she and the others may agree. Fifth, my daughter Louisa Shiflett, I have nothing to leave to her, for what I have done for her in the past is all that I can do for her.
As this I witness my hand and seal, Elizabeth her X mark Shiflett
Atteste
W. B. Ward
Edward Cassady

In Greene County Court July term 1887
The last will and testament of Elizabeth Shiflett DecÕd, was presented iin Court and proved by the oaths of C. E. Cassady and W. B. Ward subscribing witnesses thereto, and ordered to be recorded. Atteste Z. R. Page Clerk

The Abbott Iron Company of Baltimore vs. Heirs of John Lawson
12 July 1888
Rockingham Co. Deed BK 35:166-174
Submitted by Mary Herring
See also Rockingham Deed Bk. 36:484

Whereas there is feuding in the Circuit Court of the United States for the Western District of Virginia at Harrisonburg, on action of ejectment instituted by The Abbott Iron Company of Baltimore City against Sundry parties including one John Lawson, who has departed this life leaving as his heirs at law the undersigned Joseph Lawson, Theophilius Lawson, Nancy Herring, Elizabeth Wyant and Matilda Hupp.....tract or parcel of land lying and being in the Counties of Rockingham, Albemarle and Orange, which was granted by the Commonwealth of Virginia to Matthew Gambill by patent bearing a date the 8th day of January 1796 and embracing within its boundaries about 29,997 acres of land. And whereas it appears by plat and survey filed in said cause and made by Jason Hawse appointed by the Court to make such survey that there lies within the boundaries of said Gambill survey certain lands which were claimed by the said John Lawson and are now claimed by his said heirs, consisting of a tract of land containing Two Hundred acres more or less......bounded on the South by the lands of Thomas A. Wyant and by the Powells Gap road and on the west by Crawfords line. ...and the said heirs of John Lawson dec'd of the other part, have agreed to compromise and adjust the matters litigated in said suit and in controversy between them as follows to wit. that the said company shall release, grant and convey with special warranty unto the said James Lawson, Theophilius Lawson, Nancy Herring, Elizabeth Wyant and Matilda Hupp, heirs at law of the said John Lawson dec'd as tenants in common, all the right, titles, interest and estate of the said......except as to all coal, manganese and mineral ores of whatsoever kind deposited or being within said boundaries and the right to mine and remove the same....

Dated 12 day of July 1888 between the said The Abbott Iron Company of Baltimore City of the one part and Joseph Lawson, Theophilius Lawson and Margaret C. Lawson, his wife, Nancy Herring and Nicholas Herring her husband, Elizabeth Wyant and Matilda Hupp parties of the second part.
NOTE: From Mary Herring: the differences in Joseph and James are in the contract just that way. Also note that Thomas A. Wyant, attorney in fact for Matilda Hupp signed for her. This is a very lengthy item, covering nine notebook pages. I also have copies of another case involving Thomas A. Wyant and his wife Mary E. Wyant who owned two hundred and sixty two acres (in part on the south side of the Hawks Bill Road) following the same outline as the one of the Lawson Heirs and the Abbott Iron Company.

Made the 12th day of December 1888
There is also another proceeding of the Abbott Iron Company against Theophilius Lawson, George Herring, Charles Davis and Mary Wood, the said plaintiffs claiming right and title to .......containing one hundred and twenty acres more or less and being the same tract or parcel of land conveyed to John Lawson by John H. Bartlett by deed bearing date the 1st day of October 1837 and admitted to record October 4 1837 and the heirs of the said John Lawson to the said George Herring and Mary Shiflett and parcels therof afterwards conveyed by the said George Herring and Mary Shifflett to the parties .........and wheras the said Abbott Iron Company of Baltimore City of the one part and the siad Theophilius Lawson and Caroline his wife, George Herring and Margaret his wife, Charles Davis and Jane his wife and Mary Wood of the other part have agreed to compromise and adjust the matters in controversy between them as forllow to wit, that the said company shall release, grant and convey with special warrants.......

Joseph Shiflet
3 Feb 1890, proved 11 Apr 1890
Albemarle Co. Will Book 30: 21
Submitted by Wendy Mathias mathwendy27@gmail.com

Know all men by these presents that I Joseph Shiflett of the County of Albemarle & state of Virginia being infirm but being of sound mind and memory do make declare and publish this my Last Will and Testament.

First I desier [sic] all my just debts to be payed.
Second, I gave and bequeth [sic] all of my estate both real and personal to my Wife Matildy A. Shiflet.
Third I do nominate and apoint my wife Matildy A. Shiflet to be execter of this my last will & testament demanding no securty or proses of law.
In testamay wheareof I have subscribed my name & set my seal this 3th day of Februer year of our Lord 1890.
Joseph Shiflet X SEAL
The above is his mark.

Signed sealed & delivd
By Joseph Shiflet as &
for his last will and
Testament in the presents
of us who are hear
requested and in his
presence and in the
presence of each other
have subscribed our
names as witnesses
James F. Morris
Ralph Shiflett
John T. Shiflett
At a Court held for Albemarle County April 11 A paper writing purporting to be the last will and testament of Joseph Shiflett decÕd was produced into Court and proved by the oath of James F. Morris and John T. Shiflett two of the attending witnesses thereto the other attending witness Ralph Shiflett not being present in Court; therefore said proper writing is considered fully proven and it is ordered to be recorded as the last will and testament of Joseph Shiflett deceased. Teste D. W. Bundy DC for G. S. Wood Clerk

Elizabeth Shiflett
6 Dec 1895
Greene County Will Book 2, page 179
Submitted by Larry Shifflett

In the name of God Amen, I, Elizabeth Shiflett of Greene County and State of Virginia Being weak in body but of sound mind and memory do make and publish this my last will and testamit in manner and form as follows,

Item 1st - I give and bequeath to Thomas Frazier all my interest in one hundred and thirty five acres of and with joint deed from Solomon Shiflett shows on record to have and to hold his life and as deed spesifid to sell and pay to T. J. Frazier one hundred dollars for balance wich is to go to his four children namely Thom P. Frazier, Sis Frazier, Bidy Frazier, Thom C. Frazier and the balance of the interest of the said land I give to Elizabeth Frazier, Louisa Frazier, all of my personal property I give unto Thomas Frazier to have and to hold and to do as he sees best with it in his life and at his death is to be sold. I give if there is any left one dollar to H. B. Shiflett and one dollar to Charles P. Shiflett and one dollar to C. S. Shiflett and one dollar to Sinifin [?] Shiflett and the balance equally divided between J. L. Shiflett and Louisa Shiflett and Emma Shiflett.

Item 2nd - I hereby appoint Thomas Frazier my executor to this my last will and testament her by revoking all wills heretofore by me made in witness now and here I have affixed my signature and seal this the 6th December AD 1895.
Elizabeth her X mark Shiflett SEAL
Attest
R. W. Via
J. W. Shiflett
Jas Bruce

In Greene County Court January term 1896
The last will and testament of Elizabeth Shiflett, dec'd was presented in court and proven by the oath of R. W. Via one of the subscribing witnesses thereto and ordered to be recorded. Thereupon Thomas Frazier the executor therein named was allowed to qualify as such, whereupon he executed a bond in the penalty of $300.00 conditioned according to law with R. W. Via & Rosy Shiflett as sureties.
[illegible] Z.R. Page Clerk

John L. Coleman
11 Aug 1908
Greene County Will Book ?, page ?
Submitted by June Mitchell

In the name of God - Amen. I John L. Coleman of County of Greene and state of Virginia, being of sound mind and memory do make this my last will and Testament hereby revoking all wills heretofore made, and desire it to be received by all as such in manner and as follows: First I wish all my just debts to be paid including burial expenses. I give to my daughter Louise Coleman all my real and personal estate, The real consisting of a tract of land one hundred and forty acres, the same more or less and known as the Larkin Shifflett tract and bounded by the [too light to read] Swift? Road [too light to read] Sullivans inside? and others. All properties both real and personal are given and willed to Louise. For twenty years of faithful service rendered by her to John L. Coleman and also to Louisa Coleman, my wife during her life and? which it was the desire of both to amply compensate her for extra servise rendered by the said Louise Coleman over and above any servise rendered by any of the other children, namely, Sarah Garrison, John Coleman, Willie Coleman, Emma Coleman, Warney Shifflett, to each of which I will one dollar. Given under my hand and seal this the 11th day of August 1908.
John L. (his x mark) Coleman SEAL
Witness:
G.H. Elliott
M.S. Elliott
Emma E. Wood

Virginia
In the clerk's office of Greene County circuit court 29th day of March 1910 In the presence of the Clerk thereof. On the motion of Louise Shiflet who at the time the said will was written was Louise Coleman the last will and testament of John L. Coleman Dec'd, late of Green County was fully proven this day by the oath of Geo. H. Elliott wereupon it is ordered that the said will be recorded as the last will and testament of the said John L. Coleman. Teste J.K. Page Clerk A Copy Teste

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