Thomas Woolfolk, Jr. of Orange Co., Va.
Anne R. Baker
December 29, 2001
He is sometimes referred to
in Orange Co., Va. records as Capt. Thomas Woolfolk or Judge Thomas
Woolfolk. He was the son of Thomas
& Mary Sutherland Woolfolk. His
wives were Mary Cole, mother of all his children; Mrs. Elizabeth (Hurt) Ellis
& Sarah ___, who in 1850 was age 67 & living in the household of son
John Woolfolk in Orange Co.,Va. Thomas
Woolfolk, Jr. left a very extensive estate.
Orange Co Deed Book B - 26 Oct 1795 - Thomas Woolfolk, Sr. deed of gift to his son, Thomas Woolfolk, Jr...."500 acres of land given me by my father Joseph Woolfolk".& his mill on the North Fork of the Southanna River.....[NOTE: this is 1/2 of the 1,000 acres patented by Joseph Woolfolk of Caroline Co., Va.]
Thomas Woolfolk, Jr., died Apr 1848, Orange Co., Va. His death date is in the family bible but the 3rd number in the year is a blot = "Capt. Thomas Woolfolk, April 18x8. This was our grand Father aged - (blot -xxx" . [Given the date of probate we can determine that he died in April 1848]
August 11, 1828, Elizabeth Ellis, widow of Thomas Ellis
entered into a marriage agreement with Thomas Woolfolk, Jr., known as Judge
Woolfolk, Orange Co Deed Book 32, page 332.
(This
is a VERY long will & the following is an abstract, typed from a photo-copy
ordered from Virginia by Anne Baker.
The will was written by Thomas Woolfolk, himself a noted lawyer.
Most
of this extensive will has to do with the children of his dec'd son, Thomas
Woolfolk, III. Son Thomas’ widow had
re-married to a much younger fellow with apparently no financial resources and
they were living on the plantation of son Thomas which Thomas Woolfolk, Sr. had
purchased for his son & he was determined to tie up this estate of his
dec’d son for his grandchildren)
I give to Clarissa Woolfolk, widow of my son William, all my interest in the land where she now resides during her widowhood & after her death or remarriage to the children of my son William, subject to the trust hereafter mentioned.
I give to my son John Woolfolk, 2/3 of all the lands which I may die possessed of except that given to Clarissa Woolfolk & her children...the 2/3 to embrace the tract I purchased of Joseph Woolfolk...also to son John Woolfolk 1/2 of all monies on hand, my wagon & team, 4 horses to be selected by him, my riding horse, saddle, bridle, bed & furniture...slaves Austin, Aaron, brother of Dinah, Dinah & her children to wit: __anl--, Carter, Thornton, Henderson, John, Aaron, Mortimor & Lucinda and Dafney and her children to wit: Thompson, Ada, Dinah & Monioc?, Old Isaac, Young Isaac, Adam, Lidia, Setle & Tamer - John must provide for them & care for them in their old age.
My son John is to board & clothe my wife so long as she shall be my widow and furnish her the same as he does his wife. She is to live with him as long as she desires & if she leaves then he is to pay her a sum equal to the interest on $700.
I give all the debts which I hold on my son Thomas Woolfolk dec'd to Americanus Crawford of Alabama, in trust, to hold the sum for the benefit of the children of my son Thomas Woolfolk dec'd. The interest to be paid annually for their support till the children come of age {and numerous other sums to be placed in trust]..the amount for my son Thomas' daughter Mary to be held separate from any husband she might have, paying only to her the interest & the balance upon her death to go to any children she might have.
My son John to hold various properties & money in trust for the children of my son Thomas Woolfolk (this seems to apply to property & monies in Va.) - & the part for granddaughter Mary Woolfolk to be held apart from any husband she might have. The remaning lands - if son John Woolfolk chooses to pay my estate $10,000 then he shall have the option of purchasing the rest of my lands,otherwise they go into trust for my grandchildren & my daughter Susan.
As some of my devisees are infants & some out of this state...a division or suit may be instituted
I give to my grandson, William Woolfolk in trust a negro girl named Judea to hold for my granddaughter, his sister, Clarissa, free from the control of any husband she might have. The separate parts that will go to my granddaughters, sisters of William, to be held by him in Trust separate from any husband they might have.
I give to my daughter Susan Woolfolk, 1/2 of all remaining property & 1/2 to the children of my sons William Woolfolk dec'd & Thomas Woolfolk dec’d. My son John Woolfolk to hold in trust & manage the property & items left to my grandchildren.
My son John to have the carriage in which I rode to Alabama and the harness.
My son John Woolfolk & my grandson William Woolfolk to be my exors.
And request the court not to require them to post a bond for more than $4,000 cash.
21 Jan 1845
Signed: Thomas Woolfolk
Wit: Robert Collins, John Henderson, Mordecai Robertson
Codicil: dated: 14 Apr 1848, Orange Co., Va.
The sums left to the children of my son Thomas, that Thomas, John & James Woolfolk (sons of my son Thomas) be applied to the board & education from the trust managed by my son John ...[he mentions also sums for educating the two youngest sons of son Thomas dec'd]...if not sufficient then to be taken out of the profits of the sons of Thomas Woolfolk dec’d but their share not responsible for more than 6 years of schooling for their two youngest brothers
I desire that what I have willed to my daughter Susan shall go to her three children.
I desire that when Thomas Woolfolk, son of my son Thomas dec’d, becomes of age that he shall act as trustee in lieu of Americanius Crawford, appointed in my will as trustee, to manage the funds in Alabama for my grandchildren and I hereby authorize him to appoint any one in his place with all the powers and duties assigned to sd Crawford at his will and pleasure.
14th Apr 1848
Thos. Woolfolk
Wit: John W. Goodwin, Robert Collins, Eloise C. Stanard.
Recorded in Orange Co, Monday 24th of April 1848