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Lucinda: Freedom Suit, Fauquier County (Part 4 of 4)

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In the name of the holy and indivisible Trinity; I John Robert Wallace, Marshal of the District of Columbia and Citizen of the same do make this my last will and Testament; hereby revoking all former wills by me made; of which there are three, unless the last has been corruptly destroyed. I give all my estate vested or expectant and all rights to property in fee or for less estate, whether the said rights be in the present and vested, or contingent or otherwise, to my dear Brother William Westwood Wallace of the town of Warrenton and County of Fauquier, in trust for his children as hereinafter mentioned and refred to; and to my dear sister Revolutiana Virginia Foote, Wife of my my respected friend Richard Henry Foote of the County aforesaid and Commonwealth of Virginia in trust for her children by my said Friend and Brother in law R. H. Foote. The proportions of my estate in which my said Brother and sister shall respectively hold shall be according to the number of children they may respectively have alive at the time of my death; it being my intention that, as said children will be related to me in equal degree they shall have equal portions of my estate thus taking under this will per capita and not per stirpes. If however, I should hereafter marry this will shall be subject to such marriage; and I die having issue, then this will to be null and void unless such issue, or any part thereof do not attain the age of twenty one, if a male or of eighteen years if a female. I appoint my said Brother William Westwood Wallace Executor of this my last will and testament, and agreeably to the statute of this state I desire that he shall not be required to give security. I have omitted a duty due to a faithful servant to one who has never been otherwise than kind and attentive to my dear Wife through many years of sickness. I hereby manumit and set free my slaves Lucinda and her child or such children as she may have at my death. In testimony whereof I have hereunto set my hand this day of April 1849 at Warrenton in the County of Fauquier and Commonwealth of Virginia. R Wallace Codicil at the least expense, I desire if I die in Washington City my body so be conveyed to the family burying ground & my body so be buried by the side of my Father and sister Elizabeth Edmonds Wallace near this village.----- R. Wallace.