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
