The Old DominionJames, G. P. R. (George Payne Rainsford)
General
The Old Dominion
James, G. P. R. (George Payne Rainsford)
Southampton Insurrection, 1831 -- Fiction
"CODICIL.--Whereas, my will, already declared, signed, sealed and
published, on the ---- day of ---- in the year of grace, 1829, was
drawn up by persons in whom I have not full and entire confidence;
and, whereas, I have been lately admonished and advised, that certain
clauses and provisions of that will are contrary to the laws of this
state of Virginia, and may void, nullify, and render of no effect, the
whole of the said will or certain parts thereof; now this is to
declare, and I do hereby declare accordingly, that it is my intention
that the said will shall have effect in all those clauses, provisions,
bequests, demises, appointments, and all and every other particular
whatsoever, which shall be consonant to, lawful and permitted by, the
laws, customs, and statutes of this state of Virginia, and in no other
case whatsoever; and that should it appear after my decease that any
provision or bequest of my said will, dated as aforesaid, is contrary
to the said laws, statutes, or customs, or any of them; then I desire
and intend that any benefit, property, right, or inheritance, which
might accrue, be taken or possessed by the person or persons to whom
the same was, by the said will, devised, had the said provisions or
bequests been lawful, shall be absolutely vested in and conveyed by my
executors, named in the said will, to my dear niece, Elizabeth
Davenport, to have and to hold, to her, and to her heirs, executors,
administrators, and assigns, in as pure, free, and perfect right as if
no other bequest or devise whatever had been made in the said will, to
which these presents are a codicil; and, especially, should it be
found by my executors in the said will appointed, that in regard of
real estate, no alien can, within the limits of the State of Virginia,
hold lands in fee simple, either by demise or of inheritance, and
that, consequently, my dear nephew, Richard Conway, commonly called
Sir Richard Conway, Baronet, is incapable of holding the real estate
bequeathed to him by me in my said will, and that the same is liable
to be escheated to the State, or else claimed by certain persons on
pretence of kin to whom I do not wish the said real estate to descend,
then I leave and bequeath the said real estate, previously devised to
Richard Conway, to my aforesaid niece, Elizabeth Davenport, and
revoke, recal, annul, and disallow the bequest previously made to the
said Richard Conway."
The codicil was duly signed and witnessed, and Mr. Henry Thornton
waved his hand in the air, exclaiming:--
"That settles the whole affair. There can no longer be either lawsuits
or roguery, unless you two young people choose to go to law with each
other, which I do not think particularly likely."
"Richard, will you go to law with me?" asked Bessy, smiling.
"Decidedly, dearest," I answered, in a low tone. "I shall bring a suit
before yourself, for yourself, and even press the court for a speedy
decision."
She coloured a little and said;--
Public-domain text, read in full here on John Shaqi.
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