Showing posts with label Wills. Show all posts
Showing posts with label Wills. Show all posts

Thursday, August 28, 2025

Last Will and Testament of John Wayles, April 15, 1760

In the Name of God, Amen. I, John Wayles of Charles City County, make this my last Will and Testament.

Imprimis, I give unto my dear wife Elizabeth all and singular the slaves with their offspring that were devised unto her by the last will and testament of Reuben Skelton, deceased, to her and her Heirs forever she paying all my just debts out of the same.

Item, I give unto my said wife the Land and Plantation whereon I now dwell and twenty slaves also the Stocks of Horses, Hogs &c the Eqipage, and Household Furniture to her, during her natural life, in lieu of her dower, and after her decese to my children as underneath Directed.

Whereas my Daughter is amply Provided for by a Settlement made by myself and her mother, and the Slaves contained in the Settlement have been devised to me by her mother, Now I hereby give and confirm unto my said Daughter Martha all and singular the slaves mentioned in the said settlement to her and her heirs forever, except Betty Hennings and Jenney the cook, which I desire may be part of Twenty-five slaves Devised as above to my Dear wife, to continue with her during her Natural life, and after her death to my said Daughter Martha.

Item, I give and bequeath unto my three Daughters Elizabeth, Tabitha and Anne all & singular my Lands Tenements & Hereditaments, and also all my slaves and all other my Estate both real and personal unto them and their Heirs forever, to be equally devided among them.

Item. It is my desire that, if my Daughter Martha thinks her portion not Equal to her Sisters, that her Portion may be thrown into Hotchpotch with her three sisters above and the same Equally Divided among them. And lastly I do hereby appoint and request it as a favour that Francis Eppes and my children as they respectively attain to Lawful age would be Executors to this my last will and Guardians to my Children under age; this I declare to be my last will wholly written with my own hand this 15th day of April, 1760.

J. Wayles. (Seal)

Published and Executors altered this 5th March, 1772. I appoint Thomas Jefferson, my son-in-law, likewise to be a joint Executor hereof.

SOURCE: Lyon Gardiner Tyler, Editor, Tyler's Quarterly Historical and Genealogical Magazine, Volume 6, pp. 268-9

Codicil of John Wayles, February 12, 1773

Feb. 12, 1773.

Whereas I, John Wayles of the County of Charles City and Parish of Westover, have before made my will, which by this codicil I would confirm and enlarge untill I have more leisure and better health to adjust so important a piece of business; Messieurs Farrell and Jones have on every occasion acted in a most generous manner to me I shall therefore make them every grateful return in my Power. I therefore direct that my estate be kept together, and the whole Tobacco made thereon be shiped unto the said Farrel and Jones, of Bristol, until his debt and interest shall be lawfully and completely paid and satisfied, unless my children should find it to their interest to pay and satisfie the same in a manner that may be agreeable to the said Farrel and Jones. I would have new quarters settled at Saml James's and in Bedford to increase the crops. I give to Robert Skipwith, Esqr., two hundred and fifty pounds, to be paid as soon as the same can be conveniently collected. I desire that my Executors may purchase for my three grand-children, viz: Richard Eppes, John Wayles Eppes and Patty Jefferson, each, a female slave between twelve & fifteen and they are to be adjudged in a Court as their property, the same to be purchased any time within five years after my death. And I now, as I have done heretofore, appoint my children my Executors as they respectively come of age.

J. Wayles (Seal)

This Codicil was published and declared in our presence.

Anderson Bryan
Henry Skipwith

SOURCE: Lyon Gardiner Tyler, Editor, Tyler's Quarterly Historical and Genealogical Magazine, Volume 6, pp. 269-70

Last Will and Testament of Peter Jefferson, October 13, 1757

In the Name of God Amen I Peter Jefferson of the County of Abemarle being of perfect and sound memory (for which I bless God) Do make and Publish this my Last Will and Testament revoking & annulling all former or other Wills by me heretofore made in manner & form following that is to say Imprima I Give and devise to my Dear & Well beloved Wife Jane Jefferson for and During her Natural Life or Widdowhood the use and profits of the House & plantation wherein I now live comprehending four hundred acres of Land being the same I purchased from the Late William Randolph of Tuckahoe Esqr the Water mill only Excepted Item I Give and bequeath unto my Dear Wife the sixth part of my Slaves During her Natural Life which slaves I hereby impower her by a Deed Executed in her Lifetime or by her Last Will and Testament to dispose of amongst & to such & so many of my Children as she shall think fit but if she shall fail or omitt to make such Disposition then my Will is that such as shall be undisposed of by her be Equally Divided between my two sons Thomas & Randolph in the same manner as I have Directed my other slaves to be Divided Item my Will is that my Wife shall have & Enjoy all my Hous hold stuff (my Cherry Tree Desk and Bookcase only Excepted) dureing her Natural Life or Widowhood with full power and liberty to Disposing of1 the same amongst my Children according to her discretion & if any part thereof shall remain undisposed of at the time of her Death or Marriage then my Will is that the same be Disposed of by my Execrs as to them shall seem most to the Interest & Benefit of my Children Item I Give and bequeath to my Daughter Jane one of my two Negro Girls Chloe or Patt, which she shall Chuse and her futur Increase to her and her Heirs forever and the sum of two hundred pounds to be paid unto her in one year after she shall Attain the age of twenty one years or shall marry which ever shall first Happen Item I Give and bequeath to my Daughter Mary my Negro Girl nan salls Daughter & her future Increase to her and her Heirs forever & the sum of two hundred pounds to be paid unto her in the like manner as is appointed for the Payment of her sister Janes Fortune Item I give & bequeath unto my Daughter Elizabeth my Negro Girl Cate & her futer Increas to her and her Heirs forever & the sum of two hundred Pounds to be paid in Like manner as is appointed for the Payment of her sister Janes Fortune Item I Give & bequeath unto my Daughter Martha my mulattoe Girl named Rachel & her future Increase to her & her Heirs forever & the sum of Two hundred Pounds to be paid unto her in the like manner as is appointed for the Payment of her sister Janes Fortune Item I Give & bequeath unto my Daughter Lucy my Negro Wench Cutchina & her Child Phebe together with their Future Increase to her and her Heirs forever and the sum of two hundred Pounds to be paid unto her in the like manner as is appointed for the Payment of her sister Janes Fortune Item I Give and bequeath unto my Daughter Anne Scoot my Negro Girl Eve and her future increase to her and her Heirs forever and the sum of two hundred Pounds to be paid in as is appointed for the payment of her other sisters Fortunes that is to say in one year after she shall attain the age of twenty one years or shall Marry whichsoever shall first happen: and if it shall happen that any of the slaves bequeathed to my Daughters as aforesd die before they come to the Possession of my said Daughters respectively then it is my Will that such & so many Female slaves of near the same age be set apart out of my Estate & Given to such Daughter or Daughters whose slaves shall be so Dead in the list thereof and if any of my said daughters die before they attain the age of twenty one years or marry then it is my Will that the Portion or Legacys bequeathed to such Daughter Immerge into my Estate & that no Distribution thereof be made: and it is my Will & Desire that what ready money I may have & Debts owing to me at the time of my Death together with the clear Profits of my Estate (after the maintainance of my Family & Education of my Children is provided for) shall be appropriated to the Paying off my Daughters Portions at the respective times they become due & if these should prove insufficient for that purpose I then & in that case Empower & authorise my Execrs to sell & Convey my Lands in the Countys of Cumberland & Bedford in such manner & in such proportions as shall make Good the Deficiency the Lands in Cumberland being to be first sold Item I Give & Bequeath to my son Thomas my mulattoe Fellow sawney my Books mathematical Instruments & my Cherry Tree Desk and Book case Item I Give unto my son Randolph [. . .] My Negro Boy Peter Mytillas Son to him and his Heirs forever Item I give and bequeath all my Slaves not herein otherwise disposed of to be equally divided between my two Sons Thomas and Randolph, at such Time as my son Thomas shall attain the Age of twenty one years each of my said Sons to have and to hold the Slaves allotted to them on such Division to them and their Heirs forever, but Subject nevertheless to this Condition, that the Estate bequeathed to my son Thomas, as to the clear Profits thereof, be and remain equally liable with my other Estates to provide for the Maintenance and Support of my Family, the Education of my younger Children, and the Payment of my Daughters Portions. Item I give and devise unto my Son Thomas either my Lands on the Rivanna River and it’s Branches, or my Lands on the Fluvanna in Albemarle County which I purchased from John & Noble Ladds, together with all my other Lands adjacent thereto which I have taken up by Virtue of an Order of Council which of the two he shall choose he being to make his Election within one year after he shall attain to the age of Twenty one years if he be at that time in this colony but if he be out of the same then he shall make his Election in six months after his Return therto Item I Give and devise to my son Randolph & his Heirs forever either my Land on the Rivanna and its branches or my Land on the Fluvannah in Albemarle County which I purchased of John & Noble Ladds together my other Lands thereto adjacent which I have taken up & surveyed by Virtue of an order of Council after my son thomas has made his Election & Choice which of the two he will take Item I Give & Devise unto which soever of my said sons shall be possest of my Lands on the Fluvanna River to them and their Heirs forever the Land I hold on Hard ware River in partnership with Authur Hopkins and others called the Limestone Land and wheareas I have Bought of one Joseph Smith two hundred acres of Land Joyning to my Lands on the Rivanna River being part of a Tract of Land Granted to Edwin Hickman by Pattent & others for which I have no Deed my Desire is that my Execrs procure from the said Joseph Smith a Conveyance to them in Trust for the use of such one of my sons Thomas or Randolph as shall Take my other Lands on the Rivanna River & its branches which is left to the Election of my said son Thomas in the Devise of the said Lands Item whereas I have a right to and Interest in Certain Lands, on the branches of missisippi River in Partnership with Doctor Thomas Walker & others & to two hundred acres on Rocky Run in albemarle County in parthership with John Harvie & others whereon it is immagined to be a Vein of Copper Oar my Desire is that my Execrs sell & Convey or Otherwise dispose of the same in such manner as shall to them seem to be the most for the benefit of my Famely & any money that may arise from the sale or Profits thereof to be equally Divided amongst my Children Item whereof I have surveyed and laid of for James Spears one hundred acres of Land on Carrols Creek adjoining the Land he lives upon which is not yet Conveyed to him I therefore Impower my Execrs to Convey it to him in Fee simple whenever he shall require the same

Item it is my Will and desire that all my Family live & be maintained & my Children Educated out of the Profits of my Estate until such time as they shall severly Attain to the age of Twenty one years or marry and at what time soever my Wife shall require a Division of my Estate & to have her part ascertained & laid out for her (which on her Request my Execrs are hereby Authorised to do without any Judgment or Decree of the Court for that Purpose) I Order & appoint that my Execrs shall pay and deliver unto her for her only use and behoof one full & Equal third part of all my real Cattle Hoggs & sheep that shall be at any or all my plantations together with two Good serviceable Work Horses and further it is my Will & I Do hereby Appoint & direct that if any Diffirence or dispute shall hereafter arise amongst my Children about the distribution of my Estate that the same shall be finally determined by my Execrs or such of them as shall remain & be alive at the time & if they should all be dead that then such Difference or Dispute shall be finally Determined by the three first Justices in the Commission of the peace for that County where the matter or thing shall Lye, and if any of my Children shall refuse to abide by such Determination then it is my Will that such Child or Children shall foever forfit all manner of Claim and right either in Law or Equity to the thing in Dispute

Item I Give & bequeath to my Executors herein after mentioned all my stocks of Horses Cattle Hoggs & sheep (excepting the part already bequeathed to my Wife) to be disposed of by their discretion for the support & Maintainance of my Famely & for the benifit of my two sons equally & for no other use or purpose whatsoever

Item I do Give & bequeath unto my son Thomas all the residue of my Estate whether real or Personal of what kind soever and finally I do appoint Constitu[t]e & Ordain The Honorable Peter Randolph Esqr Thomas Turpin the Elder John Nicholas Doctor Thomas Walker & John Harvie Execrs of this my last will & Testament & Guardian to all my children In Testimony whereof I have signed sealed & Published this as my Last Will and Testament on the thirteenth Day of July in the year of our Lord one thousand seven hundred and fifty seven

Note the Words (& Guardians to all my Children) were Interlined before signed In Presence of

John Bell

Peter Jefferson (Ls)

Edwin Hickman

Samuel Cobbs

At a Court Held for Albemarle County the thirteenth Day of October 1757 This Last Will and Testament of Peter Jefferson Gent. decd was presented to Court by one of the Exors therein named proved by the Oaths of John Bell Edwin Hickman & Samuel Cobbs the Witnesses thereto & Ordered to be record and At another, Court Held for the said County the tenth Day of November 1757 On the Motion of John Harvie Thomas Walker & John Nicholas three of the Exors therein named who made Oath According to Law Certificate was Granted them for Obtaining a Probat thereof in due Form giveing securety

SOURCE: https://tjrs.monticello.org/letter/1797 accessed August 28, 2025 which sites its source as MS (Albemarle Co. Will Book, 2:32-4).

Wednesday, March 29, 2023

Last Will and Testament of Martha Washington, March 4, 1802

In the name of GOD, Amen.

I MARTHA WASHINGTON, of Mount Vernon, in the county of Fairfax, being of sound mind and capable of disposing of my worldly estate, do make, ordain, and declare this to be my last Will and Testament, hereby revoking all other Wills and Testaments by me heretofore made.

Imprimis.—It is my desire that all my just debts may be punctually paid, and that as speedily as the same can be done.

Item.—I give and devise to my nephew, Bartholomew Dandridge, and his heirs, my lot in the town of Alexandria, situate on Pitt and Cameron streets devised to me by my late husband, George Washington, deceased.

Item.—I give and bequeath to my four nieces, Martha W. Dandridge, Mary Dandridge, Frances Lucy Dandridge, and Frances Henley, the debt of two thousand pounds due from Lawrence Lewis and secured by his bond, to be equally divided between them or such of them as shall be alive at my death, and to be paid to them respectively on the days of their respective marriage or arrival at the age of twenty-one years, whichsoever shall first happen, together with all the interest on said debt remaining unpaid at the time of my death; and in case the whole, or any part of said principal sum of two thousand pounds shall be paid to me during my life, then it is my will that so much money be raised out of my estate as shall be equal to what I shall have received of the said principal debt, and distributed among my four nieces aforesaid as herein has been bequeathed; and it is my meaning that the interest accruing after my death, on the said sum of two thousand pounds shall belong to my said nieces, and be equally divided between them, or such of them as shall be alive at the time of my death, and be paid annually for their respective uses, until they receive their shares of the principal.

Item.—I give and bequeath to my grandson, George Washington Parke Custis, all the silver plate of every kind of which I shall die possessed, together with the two large plated coolers, the four small plated coolers, with bottle castors, and a pipe of wine, if there be one in the house at the time of my death also the sett of Cincinnati tea and table China, the bowl that has a ——— in it, the fine old China jars which usually stand on the chimney-piece in the new room; also, all the family pictures of every sort and the pictures painted by his sister, and two small screens, worked one by his sister, and the other a present from Kitty Brown; also his choice of prints; also, the two girandoles and lustres that stand on them; also, the new bedstead which I caused to be made in Philadelphia, together with the bed, mattresses, bolsters, and pillows, and the white dimity curtains belonging thereto; also, two other beds with bolsters and pillows, and the white dimity window curtains in the new room; also, the iron chest and the desk in my closet which belonged to my first husband; also, all my books of every kind except the large Bible and Prayer-book; also, the set of tea china that was given me by Mr. Van Braam, every piece having M. W. on it.

Item.—I give and bequeath to my grand-daughter, Martha Peter, my writing table and the seat to it standing in my chamber; also, the print of General Washington hanging in the passage.

Item.—I give and bequeath to my grand-daughter, Elizabeth Parke Law, the dressing table and glass that stands in the chamber called the yellow room, and General Washington's picture painted by Trumbull.

Item.— I give and bequeath to my grand-daughter, Eleanor Parke Lewis, the large looking-glass in the front parlor, and any other looking glass which she may choose; also, one of the new side-board tables in the new room; also twelve chairs with green bottoms, to be selected by herself; also, the marble table in the garret; also, the two prints of the Dead Soldier, a print of the Washington Family in a box in the garret, and the great chair standing in my chamber; also, all the plated ware not heretofore otherwise bequeathed; also, all the sheets, table linen, napkins, towels, pillow-cases remaining in the house at my death; also, three beds and bedsteads, curtains, bolsters, and pillows for each bed, such as she shall choose, and not herein particularly otherwise bequeathed, together with counterpanes and a pair of blankets for each bed; also, all the wine-glasses and decanters of every kind; and all the blue and white china in common use.

Item.—It is my will and desire that all the wine in bottles in the vaults be equally divided between my grand-daughters and grand-son, to each of whom I bequeath ten guineas to buy a ring for each.

Item.—It is my will and desire that Anna Maria Washington, the daughter of my niece, be put into handsome mourning at my death, at the expense of my estate; and I bequeath to her ten guineas to buy a ring.

Item.—I give and bequeath to my neighbor, Mrs. Elizabeth Washington, five guineas to get something in remembrance of me.

Item.—I give and bequeath to Mrs. David Stuart, five guineas to buy her a ring.

Item.—I give and bequeath to Benjamin Lincoln Lear, one hundred pound specie, to be vested in funded stock of the United States, immediately after my decease, and to stand in his name as his property, which investment my executors are to cause to be made.

Item.—When the vestry of Truro Parish shall buy a glebe, I devise, will and bequeath that my executors shall pay one hundred pounds to them in aid of the purchase, provided the said purchase be made in my life-time, or within three years after my decease.

Item.—It is my will and desire that all the rest and residue of my estate, of whatever kind and description, not herein specifically devised or bequeathed, shall be sold by the executors of this, my last will, for ready money, as soon after my decease as the same can be done, and that the proceeds thereof together with all the money in the house and the debts due to me (the debts due from me and the legacies herein bequeathed being first satisfied,) shall be invested by my executors in eight per cent stock of the funds of the United States, and shall stand on the Book in the name of my executors in their character of executors of my will; and it is my desire that the interest thereof shall be applied to the education of Bartholomew Henley and Samuel Henley, the two youngest sons of my sister Henley, and also to the education of John Dandridge son of my deceased nephew, John Dandridge, so that they may be severally fitted and accomplished in some useful trade; and to each of them, who shall have lived to finish his education, or to reach the age of twenty-one years, I give and bequeath one hundred pounds, to set him up in his trade.

Item.—My debts and legacies being paid, and the education of Bartholomew Henley, Samuel Henley and John Dandridge, aforesaid, being completed, or they being all dead before the completion thereof, it is my will and desire that all my estates and interest in whatever form existing, whether in money, funded stock, or any other species of property, shall be equally divided among all the persons hereinafter named, who shall be living at the time that the interest of the funded stock shall cease to be applicable, in pursuance of my will hereinbefore expressed, to the education of my nephews, Bartholomew Henley, Samuel Henley and John Dandridge, namely: among Anna Maria Washington, daughter of my niece, and John Dandridge, son of my nephew, and all my great grandchildren living at the time that the interest of the said funded stock shall cease to be applicable to the education of the said B. Henley, S. Henley, and John Dandridge, and the interest shall cease to be so applied when all of them shall die before arriving at the age of twenty-one years, or those living shall have finished their education or have arrived at the age of twenty-one years, and so long as any one of the three lives who has not finished his education or arrived to the age of twenty-one years, the division of the said residue is to be deferred, and no longer.

Lastly.—I nominate and appoint my grandson, George Washington Parke Custis, my nephews, Julius B. Dandridge and Bartholomew Dandridge, and my son-in-law, Thomas Peter, executors of this, my last will and testament. In Witness whereof I have hereunto set my hand and seal this twenty-second day of September, in the year eighteen hundred.

MARTHA WASHINGTON.
[SEAL.]                

Sealed, signed, acknowledged and delivered as her last will and testament, in the presence of the subscribing witnesses, who have been requested to subscribe the same, as such, in her presence.

ROGER FARRELL,
WILLIAM SPENCER,
LAWRENCE LEWIS,
MARTHA PETER.
MARCH 4, 1802.

I give to my grand-son, George Washington Parke Custis, my mulatto man Elish, that I bought of Mr. Butler Washington, to him and his heirs forever.

SOURCE: Benson John Lossing, The Home of Washington; Or, Mount Vernon and Its Associations, Historical, Biographical, and Pictorial, p. 420-5.

Monday, August 17, 2020

Captain Charles Wright Wills: November 15, 1864

Near Jonesboro, November 15, 1864.

The grand expeditionary force has commenced moving. Our regiment has the honor of leading our corps in the first day's march. Made about 18 miles to-day, the first ten of which the two or three companies of cavalry who led us had quite lively skirmishing.

At one point the Rebels took advantage of an old line of works and made quite a stubborn resistance, but our regiment, though we were deployed and advanced as skirmishers, did not get a shot the whole day. Just as we turned off the road to bivouac the Rebels opened a piece of artillery on us, but fired only a few shots and hurt no one. Item: Saw a lovely girl today. Item: Had on the Union to-day. Item: Had my first drink of milk since the 26th of December, '63. Item: Have an oppossum which “Rueben” is to cook for my breakfast. Heavy cannonading west of us.

SOURCE: Charles Wright Wills, Army Life of an Illinois Soldier, p. 319-20

Wednesday, July 15, 2020

Captain Charles Wright Wills: October 22, 1864

October 22, 1864.

I was foraging to-day for the regiment with about 20 men. Got plenty of hogs and potatoes. Sweet potatoes are about the size of ordinary pumpkins and most delicious.

SOURCE: Charles Wright Wills, Army Life of an Illinois Soldier, p. 315

Sunday, June 9, 2019

The Last Will and Testament of William Byrd III, July 6, 1744

In the name of God, Amen. I, William Byrd, of Westover, in the County of Charles City, being of sound mind & health of body, make this my last will & testament, bearing date this sixth day of July, one thousand seven hundred & seventy-four.

In the first place, unworthy as I am, I resign my soul into the hands of its unerring Creator in all humble hopes of its eternal happiness thro' the Infinite Goodness of my most Merciful God & thro' the Merit & Interposition of my Blessed Saviour Jesus Christ our Lord.

Next I desire my Body may be privately buried by the tomb of my sister Evelyn in the old Church Yard. As to the remaining part of the Estate it has pleased God to bless me with, which thro' my own folly & inattention to accounts, thro' carelessness of some interested with the management thereof & the villany of others, is still greatly incumbered with debts, which imbitters every moment of my life. My will & Desire is that a Hundred negroes & such part of the plate & household furniture as my dearest wife can conveniently spare, together with my Library and part of my Stocks of Horses, Cattle & Sheep, be immediately sold to pay my Just Debts, & likewise that all the Debts due me from my Trustees, managers & adventurers in the Lottery, many of whom are still greatly in arrears, & Debts due to me in the Forge account, of which there are many to a great amount, be immediately sued for & collected & applied to the above purpose. I likewise desire that the money due me from Colonel Chiswell may be disputed in my account with the late Mr. John Robinson, which I think in justice he ought to pay, the Attorney General has the papers. I desire Mr. Jerman Baker be employed to settle all the accounts & that he apply to all those who stand on the Forge Books & to all those who had Tickets in the Lottery either for themselves or dispose of to other people, to render him their accounts & produce receipts, as many have done great Injustice therein. My will is also that my house in town be sold & a thousand pounds of the money be applied to pay Mr. William Allen for it, & the overplus to the payment of my Debts.

I give to my dearest & best of wives for her life, besides the deed she already has, the plantation of Westover & Buckland with all the remaining negroes & stocks of all sorts, & I likewise give to her so much of my Plate & the household furniture as she may choose to keep, together with my carriage & coach horses. I pray to almighty God to bless her & continue her in health for many years & I am convinced from the Goodness of Heart I have experienced in her she will take the tenderest care of all my children. It is my will & desire that at the death of my dearest wife all my Estates, whatsoever, consisting of Land, Negroes, Stocks of all sorts, plate, Books & furniture be sold as soon as convenient & the money arising from the sales thereof be equally divided among all my children that are alive at the time of my dear wife's death, deducting from the share of those I had by my first wife such sums as they may claim under the wills of my Deluded & superannuated Mother & my ungrateful son William, except the Ferry at the Falls left to my son John by his Brother William, which gift I have confirmed. My will is that four hundred pounds sterling be deducted from the share of my son Tom as I have already paid that sum for his commission, & whatsoever sums I may hereafter pay to promote him in the army are to be deducted out of his Dividends.

My will also is that five hundred pounds sterling be deducted from the share of my daughter Elizabeth, having paid her husband, Mr. Farley, that sum under the unjust will of my insane Mother.

My will likewise is that if my son Otway should quit the Navy before the death of my Dearest wife that he shall not be entitled to any part of the above said money arising from the above said sales & in that case I give him one shilling sterling.

My will also is that if my son Thomas Taylor should marry Susannah Randolph, the daughter of the present Attorney General, before the death of my dear wife that he shall not be entitled to any part of the aforesaid money arising from the aforesaid sales & in that case I give him one shilling sterling. My will is that the child Mrs. Byrd now goes with shall share equally with the rest of my children. Should any of my children be dead before my wife & leave lawful Issue, the share of my deceased child shall go to them & be equally divided among them. If my dearest wife should die before any of the children I have by her are married or come of age my will is that their share of the money aforesaid be put into the hands of Mr. Thomas Willing, of Philadelphia, if he be living, otherwise in the hands of Mr. Richard Willing, to be put to Interest for their use & maintenance, & I most earnestly recommend them to their care & protection. I pray God to bless & preserve them all & am unhappy I can do no more, which has shortened my days by many years. I give to my son John over & above that he may share of the money aforesaid all my right to the mines in Fincastle known by the name of Chiswell mines & two thousand acres I claim under his Majesties Proclamation of 1763. I likewise give him his choice of ten Negroes after my wife has chosen such as she pleases, I give to my son Tom a thousand acres of land I claim under the same Proclamation & his share of the money aforesaid, but upon the conditions aforesaid. I give to my son Otway over & above the money aforesaid, a thousand acres of the land I claim under this same Proclamation, but upon the conditions aforesaid. I give to my son Charles, who never offended me, a thousand acres of land in the County of Fincastle, known by the name of the Salt Springs, & which was surveyed for me by Mr. Arthur Campbell, being part of the land I claim under his Majesties Proclamation of 1763. I likewise give him his man Tom & little Jack White & his choice of two negro girls, over & above his share of the money aforesaid. I give to my daughter Elizabeth, Rachel & her family, over & above her share of the money aforesaid, making the deduction aforesaid. I give to my daughter Molly, Eleanor & Cate's Sarah, over & above her share of the money aforesaid. I give to my daughter Anne, Thomas' Hannah & Nancy's Nanny, over & above her share of the money aforesaid. I give to my daughter Evelyn, Jack's Sally & Garrett's Patty, over & above her share of the money aforesaid. I give to my daughter Abby, Statia's Aggy & Tom's sister Judith, over & above her share of the money. I give to my daughter Jenny & the child my wife now goes with two negro girls apiece over & above their share of the money aforesaid. I give to Mary Willing Robertson, the daughter of Anne Campbell, of Winchester, two hundred pounds, if so much remains, from the sales, Debts, &c. after paying my just Debts. Tis my earnest desire that my faithful servant Jack White, be set free on the Death of my beloved wife, for he has not only been the best of servants to me but has on different occasions saved me from the grave. I entrust this matter may be recommended to the Governor & Council. My desire is that the meadows may be carefully kept up, because they are invaluable & will make Westover sell for as much again. I do hereby appoint my dearest wife, her Brothers, my worthy friends Thomas Willing, Esq., & Charles Willing, Esq., Richard Willing, Esq., & James Willing, Esq., guardians to all my children under age at the time of my death. If my beloved wife should choose to take the trouble of the Executrix of this my last will, I then appoint her my Sole Executrix, but fear it will be too troublesome an office for her. If she declines it I do hereby appoint my son John Carter Byrd & my good friend Mr. Patrick Coutes, Executors of this my last Will & Testament. In witness whereof I have hereunto set my hand & seal, this sixth day of July, 1774, as dated above & on the other sheet to which this is tacked.

The above was signed, sealed & published, delivered & declared, & pronounced by the said William Byrd as his last will & Testament in presence of us—

William Glen,
James Littlepage,
John Johnson.

At a court held for Charles City at the Court House, Wednesday, the 5th day of February, 1777.
The last will & Testament of William Byrd, Esq., deceased, was proved by the oaths of William Glen, James * * *

SOURCE: The Virginia Historical Society, The Virginia Magazine of History and Biography, Volume 9, No. 1, July 1901, p. 85-8