“Edward H. Harriman.”
Will of Patrick Henry
“There is no retreat but in submission and slavery. Our chains are already forged. Their clanking may be heard on the plains of Boston. The next gale that sweeps from the north will bring the clash of resounding arms. Our brethren are already in the field. Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty or give me death!”
Patrick Henry was born in Hanover County, Virginia, on May 29, 1736; he died at his county seat, Red Hill, in Charlotte County, Virginia, on June 6, 1799. The will of this distinguished orator and statesman is given at length; notwithstanding the conditions imposed in restraint of marriage, his widow took unto herself another spouse, Judge Edmund Winston, who was Patrick Henry’s cousin.
“In The Name of God, Amen:—I, Patrick Henry, of Charlotte County, at my leisure and in my health do make this my last Will and Testament in manner following, and do write it throughout with my own hand. I, knowing my ever dear wife Dorethea to be worthy of the most full and entire confidence, I do will and devise to her the Guardianship of my children, and do direct and order that she shall not in any manner be accountable to any person for her management therein. I do give to my said wife Dorethea all my Lands at and adjoining my dwelling place called Red Hill, purchased from Fuqua, Booker, Watkins, & others, out of the tract called Watkins’s Order, to hold during her life, together with twenty of my slaves, her choice of them all, and at her death the said Lands are to be equally divided in value in fee simple between two of my sons by her; and she is to name and point out the two Sons that are to take the said Lands in fee simple at her discretion. I will and direct all my Lands in my Long Island estate in Campbell County to be divided into two parts by Randolph’s old road, till you come along it to the place where the new road going from the Overseer’s house to Davis’s mill crosses it at two white oaks and the stump of a third, from thence by a straight line a few hundreds yards to Potts’s Spring at the old Quarter place, from thence as the water runs to the river which is near to the upper part where Mr. Philip Payne lives is to be added the Long Island and other Islands, to the lower part the Overseer’s residence and also one hundred and fifty acres of the back land out of the upper part most convenient for both parts for Timbers to the lower. These two estates to be in fee simple to two of my other sons by my said wife, whom she is also to name and point out. I will and direct that there be raised towards paying my debts one thousand pounds by sale in fee simple, out of my following Lands, viz.—Leatherwood, Prince Edward Lands, Kentucky Lands, Seven Island Lands, and those lately purchased of Marshall Mason, Nowell, Wimbush, Massy, and Prewett, or such parts thereof as my Executors may direct, and the residue thereof I will and direct to be allotted equally in value into two parts for a provision for other two of my sons in fee simple by my said wife, which sons she shall in like manner name and point out. But if the payment of my debts is or can be accomplished without selling any of my slaves or personal estate, then I desire none of these Lands to be sold, but they are to be allotted as the provision aforesaid for two of my sons. Thus I have endeavored to provide for my six sons by my dear Dorethea; their names are Patrick, Fayette, Alexander Spotswood, Nathaniel, Edward Winston, and John. I will my slaves to be equally divided amongst my children by my present wife except my daughter Winston, who has received hers, or nearly so; but the twenty slaves given to my said wife for her life, I desire she may give as she pleases amongst her children by me. I will that my wife have power to execute Deeds for any Lands I have agreed to sell, in the most ample manner. I give to my Grandson Edmund Henry, when he arrives to the age of twenty-one years and not before, in fee simple, the thousand acres of Land where his father died, joining Perego’s line, Cole’s line, and the line of the land intended for my son Edward, dec’d., together with the negroes and other property on the said one thousand acres of Land. But in case the said Edmund shall die under the age of twenty-one years, and without Issue then alive, I will the said Land, Slaves, and other property to my six sons above mentioned equally in fee simple. I have heretofore provided for the children of my first marriage, but I will to my daughters, Roane and Aylett, two hundred pounds each of them as soon as my estate can conveniently pay it by cropping. In case either of my six sons, viz.—Patrick, Fayette, Alexander Spotswood, Nathaniel, Edward Winston, or John, shall die under the age of twenty-one, unmarried and without Issue then living, I will that the estate of such decedent be divided among the Survivors of them in such manner as my said wife shall direct.
“All the rest and residue of my estate, whether Lands, Slaves, personal estate, Debts and rights of every kind, I give to my ever dear and beloved wife Dorethea, the better to enable her to educate and bring up my Children by her, and in particular I desire she may at her discretion collect, accommodate, manage, and dispose of the debt due to me from the late Judge Wilson in such manner as she thinks best, without being accountable to any person, but so as that the produce, whether in Lands, Slaves, or other effects, be by her given amongst her children by me, as I do hereby direct all the said residue to be given by her after her decease. If the said debt from the said Wilson cannot be recovered, then I give the Lands I covenanted to sell to him, the said Wilson, lying in Virginia and North Carolina, to my said wife in fee simple to make the most of and apply for the benefit of her children by me as aforesaid. But in case my said wife shall marry again, in that case I revoke and make void every gift, legacy, authority, or power herein mentioned, and order, will, and direct, She, my said wife, shall have no more of my estate than she can recover by Law; nor shall she be Guardian to any of my children, or Executrix of this my Will.
“I will that my daughters, Dorethea S. Winston, M. Catharine Henry, and Sarah Butler Henry, be made equal in their negroes. In case the debt from Judge Wilson’s estate be recovered, I do desire and will that five hundred dollars each be paid to my dear Daughters, Anne Roane & Elizabeth Aylett, and Martha Fontaine.
“This is all the inheritance I can give to my dear family. The religion of Christ can give them one which will make them rich indeed.
“I appoint my dear wife Dorethea, Executrix, my friends Edmund Winston, Philip Payne, and George D. Winston, Executors, of this my last Will, revoking all others. In witness whereof I have hereunto set my hand and seal this 20th November, 1798.
“P. Henry, L. S.”