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1761-1768 Westmoreland County, Virginia Deeds & Will Book 14 [Mike Marshall]; Page 415.
John Newton Will
In the name of God Amen, I John Newton of the county of Westmoreland being sick and weak of body but of sound understanding and memory do make this my last will and testament in manner and form following.
Item I give to my son Willoughby all the lands and slaves I have in expectation from my father to him and his heirs.
Item I give to my son Willoughby Newton Negroes; Diana the daughter of Moll, Jemmima the daughter of Beck, Rachel and Hannah.
Item I give to my son Willoughby Newton all the stock of cattle and sheep left by my fathers will.
Item I give to the child my wife now goes with my plantation in Yeocomico Neck where I lately lived to him or her heirs.
I give to the said child my wife now goes with all the residue and remainder of my negroes not heretofore mentioned.
Item I give to my wife the plantation where I now live bounded from Fall Halll Marsha or swamp up to the branch that leads to Oldham’s Ole House, from thence to the road leading to Bradley Garner’s including Long’s, Caddeen’s, & James McCluskey’s thereunto. I likewise give to my said wife the use of the mill and the corn field over the said mill during her natural life.
Item I give to my wife 8 slaves such as she may choose out of all the slaves I die possessed of including those left me by my father during her natural life.
Item I also give to my wife all the furniture now in my house.
Item I give to my son Willoughby Newton all the furniture and plate left me by my father.
Item I give to my wife 20 head of cattle, 20 head of sheep and the half of all my hoggs.
Item I give to the poor of Cople parish the sum of 20 pounds to be paid to them at the rate of 5 pounds per year.
My will further is that in case both my aforesaid children should die before they are married or without issue in the life time of my wife, that she my said wife shall have and enjoy the use of all my estate both real and personal during and also shall have full and absolute power to give and dispose of the aforesaid estate to and amongst my sisters and their children or any one or more of them or their heirs.
Item I devise all my land in Loudoun County to my executors hereafter named in trust and to be by them sold and the money applied [xxxxxxxxxx]
Lastly, I do constitute and appoint my friend Richard Lee, Esq., Mr. David Boyd and Mr. William Flood, executors as also my wife executrix.
Signed sealed published & declared this 8th day of January 1767 in the presence of
Richard Caddeen John Newton
Mary Stone (her mark)
John McDormer (his mark)
William Flood
At court held for Westmoreland County the 24th day of February this will was proved according to law by the oaths of Richard Caddeen and John McDormer witnesses thereto and ordered to be recorded; and on the motion of Richard Lee, Esq., and William Flood, Gent., the executors named in the said will who made oath according to law and together with William Price and Gerrard Hutt their securities entered into and acknowledged bod with condition as the law directs, certificate is granted them for obtaining a probate thereof in due form. Teste
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1761-1768 Westmoreland County, Virginia Deeds & Will Book 14 [Mike Marshall]; Page 461.
Willoughby Newton’s Will
In the name of God Amen, the 27th day of December 1766, I Willoughby Newton of the parish of Cople in the county of Westmoreland in the colony of Virginia do make this my last will and testament in manner and form following;
Item I give and bequeath and devise to my son John Newton my mill and all my lands in Westmoreland County except the land I bought of Philip Ludwell Lee, Esq., Also my cherry tree desk and bookcase with glass door together with all my books, one silver tankard and silver salver [tray], the new case of knives and forks with the dozen of silver spoons in the case, 4 silver salts and ladles, 2 beds and furniture belonging to the rooms upstairs, one dozen chairs made by Spence Monroe, three tables in the new house, 20 head of cattle in the neck at Bonams and 6 Negroes; Neck, Akey, Narvin, Caezar, Saul, Little George and Isaac the blacksmith, also Daniel Kanady the smith and the smiths tools.
Item I give and bequeath to my grandson Richard Jackson 1 feather bed and furniture, and [the following items I bought from his father’s estate] the desk and book case with the corner cupboard, the large silver tankard with the large soup spoon, a dozen silver spoons and the clock.
Item I give and bequeath to my daughter Judith Brent the land and plantation I leased to George Haden in Loudoun County on Great Rocky Run together with all the land I now hold above the said Haden’s on the said run to and along the line of the land I made a deed of gift of to my son John Newton and along his line to the land I gave to William Jett and Katherine Jett his wife, and along their line to the said Great Rocky Run, being about 500 acres. I also confirm my gift of all the slaves now in the possession of my daughter Judith Brent which I give her when she married Mr. Brereton Kenner.
Item I give and devise to my daughter Katherine Lane the land where Demsey Carroll lived, also the land where John Goddard lived and along John Newton’s line to the Mountain Road near Lane’s store including the land between that and Thomas Brown’s line, also the plantation and lands I leased to Thomas Brown, being about 350 acres. I also confirm the deed of gift to Mr. William Jett and Katherine Jett his wife for 500 ares of land in Loudoun County where they built their house and the 6 negroes in their possession.
Item I give and devise to my son in law Mr. Thomas Lawson and Lettice Lawson his wife, 6 cows, 12 sheep to be paid out of my stock at home. I also confirm my gift of the negroes now in their possession when they went to house keeping. I also give them two more negroes; Phillis and her child Milley and their increase.
Item I give to my son in law Mr. John Berryman and Martha Berryman his wife, 7 Negroes that are now at my quarter in Loudoun County; Aron, George, White, George, Denney, Pompy, Toney, Judy and her child Isaac, and their increase.
Item I give to my son in law Mr. Benjamin Berryman and Sarah Berryman his wife, 1 feather bed and furniture, 6 cows and 12 sheep. I also confirm my gift of the negroes I delivered them when they went to house keeping that are now in their possession and their increase.
Item I give and devise to my daughter Elizabeth Newton the use of my now dwelling house and plantation together with all the land from Corbin’s Mill Swamp down the small run by the old place where Capt. Oldham lived, including the said plantation and from thence up the said branch to the Cool Spring, thence up the valley to the road that leads to Bradley Garner’s including the plantations where William Grace lived, also the land leased to the said William Grace and the plantation where Rose Brannan [Brenum] lives for and during the natural live of my daughter Elizabeth Newton and after her decease to my son John Newton. I also give to my daughter Elizabeth Newton and her heirs 10 Negroes with their increase; Akey the carpenter, Jack King, Darkey, Simon, Jack the churchman, Little Jenney and her children Alice, Charlott, Venus and Joe. Also 4 mullatos; Thomas Clark, Abraham Clark, Lawrence Clark and John Clark to serve until they arrive to the age of 31 years old. Also, servant woman Hester Madden, servant man John Cole the weaver and the two looms. I also give my daughter Elizabeth Newton my chariot and harness with four of my best horses , all my kitchen furniture, one silver tankard, one silver cup with two handles, a large silver soup spoon, one dozen of plate tablespoons with all the tea spoons, tongs and all the china, three of the best beds and furniture, her choice all the tables and chairs in my dwelling house, one desk in the chamber and two corner cupboards, one chest of drawers and all the table linen and earthenware, also 4 yoke of the best oxen with cart yokes, 20 cows and 1 bull, 4 sheep, her choice of my stock at home and also 20 of her choice of my hogs.
Item I give and devise unto my daughter Mary Newton, the following 21 Negroes and their increase; Dick, Moll and their children, Jack, Amey, Phillip, Nelly, Solomon, Billey, Neck Jenney and her children, Quamina, Nan, Nell, Joan, Darby, Frank, Richard, Gumby, Venus and her children, Adam and Jude, and Neck Jack. I also give to my daughter Mary Newton two feather beds and furniture, the desk in the hall closet. It is also my will and desire that my daughter Mary Newton do continue with my daughter Elizabeth Newton and live with her till she marries which I desire shall not do without the consent and advice of my executors.
It is my will and desire that my lands in Loudoun and Fairfax County not before devised or given away together with all my stocks of cattle, hogs &c on these lands and all the rest of my estate in Westmoreland County or elsewhere not before given or devised be sold by my executors to the best advantage in money, I also devise that the land I bought of the Honble Phillip Ludwell Lee, Esq., be sold for money and the money arising from such sales to be equally devided between my daughters Elizabeth Newton, Judith Brent, Catherine Lane, Lettice Lawson, Martha Berryman, Mary Newton and Sarah Berryman and my grand daughter Elizabeth Ashton and Ann Jackson.
Item my will and desire is that each of my nurses; Ann Eskridge and Jane Durell be paid 10 pounds current money each out of my estate.
Lastly, I constitute and appoint my good friend Richard Lee, Esq., and my son John Newton, executors of this my last will and testament to execute and do all things therein contained.
In witness whereof I have hereunto set my hand and seal the day month and year first above written.
Signed sealed and acknowledged in the presence of us Willoughby Newton
John Norwood
William Anderson
Ann Eskridge
Jane Durell
George Hull
John J. Williams (his mark)
William Flood
Thomas Smith
Joseph Lane
I Willoughby Newton of the county of Westmoreland do make this codicil to be annexed to and made part of my last will and testament made by be bearing date the 27th day of December 1766, as my son John Newton has departed this life sice the making and publishing my last will and testament and has by his last will and testament made several devises and bequeaths which would be wholly void unless confirmed by me , I do hereby give and devise to my grandson Willoughby Newton, son of my son John Newton all the estate I have by my said son John Newton to him and the heirs of his body, but in case my said grandson Willoughby Newton should die without heir I give and devise the said estate unto and to be equally divided among my seven daughters; Elizabeth Newton, Judith Brent, Catherine Lane, Lettice Lawson, Martha Berryman, Mary Newton and Sarah Berryman.
It is also my will and I do hereby order and direct that in case my grandson Willoughby Newton or his heirs should claim or recover the lands I hold in Loudoun county and which by said will I have ordered to be sold that my said grandson shall have no part of my estate. And I devise such part of my estate given to my grandson to be equally divided among my seven daughters.
Item I do hereby give and devise and confirm unto Mrs Betty Newton, widow of my son John Newton all the devises and bequeaths made to her by my son John Newton in his last will and testament of such parts of my estate as I had by my last will and testament devised to my said son and which are become void by his dying before me. In case the said Betty Newton shall fully comply with and agreement made by her said husband John Newton with William Bernard of the county of Westmoreland and for the sale of the lands my said son held in the said county in right of the said Betty Newton his wife, but in case she shall not comply with the said agreement and complete the said sale to William Bernard, then in that case I give and devise what part of my estate my son John Newton has by his said will devised to her and what I have hereby devised and confirmed to her to my grandson to my seven daughters. And I do hereby declare that the said Betty Newton, widow shall not have or enjoy my water grist mill or cornfield over the said mill but devise the same to my grandson Willoughby Newton and for want of heirs to my seven daughters.
I give and devise my lands in Loudoun County mentioned in my said will and also the tract of land purchased by me of Col. Philip Ludlow Lee and the said County of Westmoreland Richard Lee, Esq. my surviving executor mentioned in my said will to be sold in fee simple to the purchasers and the money arising by such sale to be applied as directed by my said last will and testament.
I hereby order and it is my will and desire that the said Richard Lee, Esq. shall have the care and direction and management of what estate I have given to my grandson Willoughby Newton until he shall arrive at the age of 21 years.
It is also my will and desire and I hereby order my Negroes remain upon my several plantations this present year and that the crops made by them be after paying the charges and expenses attending making the said crop supplied in the discharge of my debts.
I also give to my daughter Elizabeth Newton all the provisions provided this year for my family and I further order and direct that the fence rails shall be used in fencing in the cornfield I have ordered to be taken in the forest this present year which extends partly on the lands given to my said son’s widow shall at the end of this year be brought upon the lands I have given my said daughter Elizabeth Newton and remain for the use of the same.
In witness whereof I have hereunto set my hand and seal this 28th day of January 1767.
Signed sealed and published for a codicil in the presence of Willoughby Newton
William Flood
John J. Williams (his mark)
David Boyd
Ann Eskridge
At a court held for Westmoreland County the 26th day of May 1767 this will and the codicil annexed or approved according to law by the oath of John Williams and David Boyd witnesses thereto and ordered to be recorded; and on the motion of Richard Lee, Esq. the surviving executor named in the said will who made oaths according to law and together with William, Richard Parker and Fleet Cox, Gent his securities entered into and acknowledged their bond with condition as the Law directs, certificate is granted him for obtaining a probate thereof in due form. Teste
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1773-1787 Westmoreland County, Virginia Deeds & Will Book 16 & 17 [Mike Marshall]; Page 321.
Ball to John Rowand Indenture
This indenture made the 14th day January 1787 between Mary Ball of the County of Northumberland of the one part and John Rowand, the younger of the County of Westmoreland of the other part. Whereas Robert Vaulx late of the County of Westmoreland, Gent., Deceased was in his lifetime seized and possessed of and in several tracts of land as well in the County of Westmoreland as in the County of Northumberland, and being so seized and possessed departed this life sometime in the year 175[5] (living at the time of his death seven daughters, viz; Betty, Sally, Milly and Mary by his first wife and Katy, Kenner and Peggy by his second wife, whom he left a widow ensient with a child which afterwards was born alive and proved to be his son who died in his earliest infancy, having first made his last will and testament in writing bearing date the fifth day of August 1754 and thereby amongst other things devised fifth to his daughters Milly and Mary his lands in Brereton Neck, Northumberland County to be equally divided between them in tail, to his daughters Katy and Kenner his lands in Nominy and Machodoc in tail, to his daughter Peggy and the child his wife was ensient with (if a girl) his lands adjoining Col. Philip Ludwell Lee to be equally divided between them in tail, to his daughters Betty and Sally the lands he purchased of John Elliott and a mill to be equally divided between them in tail, to his daughter Katy the land called the “Ruins” in the lands he purchased of Hugh French in tail, and to the child his wife was ensient with (if a son) all the before mentioned lands in tail annulling all the before mentioned devices to his daughters but if his son should die without issues his land should go to the heirs before directed. And whereas Milly and Kenner died under age without issue, Katy intermarried with Dr. James Bankhead and being possessed of the lands in Machodoc Neck had a child born alive and has together with the child departed this life leaving her husband possessed of the said estate as tenant by the courtesy of England, Sally intermarried with [Rev. James Marye] and is since dead leaving issue now living, Peggy intermarried with John Skinker and died possessed of the estate devised to her in the year 1777 without ever having had a child, Betty intermarried with [John Newton], and the said Mary party to these presents intermarried with James Ball. And whereas the said Mary Ball is entitled to and has an interest in part of the tract of land adjoining to Philip Ludlow’s land. Now this indenture witnesseth the said Mary Ball in consideration of 400 pounds current money of Virginia has sold by these presents unto John Rowand all the estate right title and claim which he hath in the said tract of land before mentioned adjoining to Col. Philip Ludlow’s land. In witness whereof the parties to these presents have hereunto set their hands and seals the day and year above written.
Sealed and delivered in presence of Mary Ball
Hudson Muse, Thomas Parker
Joseph Pierce, Jr., Thomas Edwards, Jr.
Spencer Ball, William P. Flood
James N. Ball, Laurence Muse
At a court held for Westmoreland County the 30th day of January 1787 this indenture of bargain and sale and receipt thereon endorsed proved by the oaths of William P. Flood, James N. Ball and Laurence Muse, three of the witnesses thereto and ordered to be recorded.
Teste James Bland CWC
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
Aft 1742 - Aft 1779 (> 37 years)