The following is the will for Tandy W. Fitts his first wife was to Eddy Jones, Dec 21., 1811) then to Sallie (Sarah) W. Burton. The marriage cetificate has Sallie and consent form filled out by Hutchin Burton Sally. He may have had children by Eddy but i do not have this yet and one of those children could have been Oliver W. Fitts.
Some of the words on my copyof the original were cut off by copier, I will be going back to correct this. This document was found in Pittsylvania County, VA Will Book 2 pages 411 and 412.
"I Tandy W. Fitts Sr. of the County of Pittsylvania and State of Virginia do Hereby declare this my last will and testament revoking all others – Viz –
I will unto my beloved wife Sarah Fitts and my son Sanford Fitts conjointly (after all my just debts and lawful debts are paid) one half of all my lands including the Mansion use during the natural life or widowhood of my wife Sarah Fitts and afterward to my son Sanford Fitts forever. Another half of all my Land I will to my Son Tandy W. Fitts. I will unto my wife Sarah Fitts and my son Sanford Fitts their proper use all of my household and Kitchen furniture, plantation utensils and stock of every description to remain on the Farm and be used by them and should they by --------- economy and industry accumulate a surplus to spare --- such surplus be applied to the debts of the estate. I will unto my wife Sarah Fitts the following Negros – Viz - -----, Maria, Setty, Jerry, Nancy, Sorney and Preseilla to have and hold conjointly with my son Sanford Fitts during her natural life or widowhood after which --- I will the said named Negros to be equally divided between my two Sons Tandy W. Fitts Jr. and Sanford Fitts. I will also that after the division of my land as above named and upon the economy of the said Sanford Fitts and my wife Sarah Fitts and my wife Sarah Fitts should there not be a ----------- to spare to satisfy and pay the debts. I will that they sell such Stock and other property that can be spared to satisfy said debts. I will unto my three Grandsons the sons of Allen H. Fitts deceased one negro each said negroes -------- in value as near as can be of the average value of the --------- belonging to my Estate. I will unto my Grand daughter Eddie Thomas two negroes of a value equal to the average value of my Negroes during her life and then to her heirs of her body. I will unto my beloved wife Sarah Fitts running her life or widowhood my riding carriage for her comfort. I will finally that all of my Negroes not disposed of as above with all dabts due my Estate and all other property of every description be equally divided between my two sons Tandy W. Fitts Jr. and Sanford Fitts and that they be the Executors of my last will and testament. In testimony where of I hereunto affix my hand and seal this April 1st, 1863.
His mark & seal
Tandy W. Fitts Sr.
I hereby certify that the above will has been read to me and that I approve & endorse the same. Witness my hand & seal this April 1st, 1863
Her mark & seal
Signed sealed & delivered in the presence of
W. S. Binford
W. P. Terry
G. W. Grant
At a County Court held for the County of Pittsylvania on the 20th day of April 1863. The last will and testament of Tandy W. Fitts Dec & was proved by W S Binford and G W Grant two subscribing witnesses hereto & it is ordered that the said will be recorded and on the motion of Tandy W. Fitts Jr. and Sanford B. Fitts the executors who made oath and with E. F. Kern and J. C. Jones as their sureties who made oath to their sufficiency entered into & acknowledged a bond in the penalty of Eighty Thousand Dollars conditioned according to law. Certificate is granted them for obtaining probat of said will in due form.
Teste S Scruggs Clk."
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