Will of Edmiston Caldwell


I, Edmiston Caldwell of Botetourt County do make my last Will and Testament in manner and form following.

First I direct that all my just debts and funeral expenses be paid out of my estate by my executor hereinafter named.

Second I give to my wife Sarah for and during her life, one third of the land I own consisting of two tracts, one of seventy seven acres, the other of ninety four acres, to be laid off and assigned to her out of the tract on which I now reside containing seventy seven acres so as to include the dwelling house, kitchen, barn and other outbuildings appertaining thereto.  I give to her in like manner for her life the one third part of the residue of my personal estate after the payment of my debts.  And I furthermore devise to my said wife, to be disposed of by her as she may think proper the money received by me from the estate of her father Philip Crist, amounting to the sum of five hundred and eighty nine dollars and seventy five cents and which on the 14th day of September 1847 I paid over to her, as is evidenced by her receipt of that date, now in my possession: as also, any other money she may have received, or may hereafter receive, from the same source.

Third  I devise to my son Alfred Caldwell, in fee simple all my land, consisting of two tracts, as above described, and also the residue of my personal estate, after the payment of my debts, subject to the provision made for my wife as contained in the second clause of this my will; and also subject to the further charge of five hundred dollars, to be paid by him to my daughter    , Sarah, in four equal annual payments, commencing one year after my decease.

Fourth  I give to my daughter Caroline, to my son Nicholas, to my daughter Betsey and to my son Morris, each one dollar to be paid to them by my Executor.

Last I appoint my son Alfred Caldwell Executor of this my last Will and Testament.

Witness my hand and seal this 22nd day of April 1852.

                                                                                                Edmiston Caldwell   Seal

                                                                                              By James Logan who signed his name

                                                                                              in his presence and by his direction.


Signed sealed and published as the last Will and Testament of the above named Edmiston Caldwell in the presence of us who subscribed the same as witnesses in his presence, and in the presence of each other.

James T. Logan

Samuel Burger

David P Cale


At Botetourt August Court 1854

This instrument of writing purporting to be the last Will and Testament of Edmiston Caldwell dec’d was this day exhibited in Court and proved by the oaths of James T. Logan, Samuel Burger and David P. Cale, subscribing witnesses thereto and ordered to be recorded.

                                                                    A Copy

                                                                                    Teste: F. Holtz clerk    

Recorded in Will Book I page 214 Botetourt County Circuit Court Clerk’s Office


Transcribed by Lynn Andrews