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1653-1800 Lancaster County, Virginia Wills [Ida J. Lee];
BALL, James. Will. 3 Sep. 1789. Rec. 21 Dec. 1789.
Gr. Dau. Mary Edwards, negroes purchased of her father, Mr. Thos. Glascock, and after the death of her husband Maj. Leroy Edwards, to be divided between James Ball McCarty and Mildred Smith McCarty her half brother and sister. Gr. sons: James Ball (500 a. land) Jesse Conway, John Smith and William Ball sons of son Jesse Ball. Son James Ball land purchased of Burges Smith, adjoining Jesse Conway and Capt. Richard Selden's mill, containing 150 acres. Daus. Mildred Selden, Sinah Beale, Judith Fauntleroy, Ann Ball, Frances Lee and Sarah Ball. Son James Ball, Extr. No witnesses. W.B. 22, Page 117.
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Lee of Virginia, Page 286
Note:
John Lee's will was dated the 23d of September, 1765, and probated, at Westmoreland, on the 24th of February, 1767. It reads:
In the name of God, Amen. I John Lee of the County of Essex, gentleman, being sick and weak in body but of sound memory and understanding (praise God for it) do make this my last Will and Testament hereby revoking and disannulling all former Wills by me heretofore made first and principally I commend my soul into the hands of Almighty God my Creator hoping for free pardon and remission of all my Sins and to enjoy Everlasting Happiness in his Heavenly kingdom through the sole merits of Jesus Christ my Saviour. My body I commit to the Earth at the discretion of my Executors hereinafter named and as to such worldly estate as it hath pleased God to intrust me I dispose of as followeth:
Item, I lend unto my wife Mary Lee all my estate both real and personal excepting the lands purchased by me of John Miller and Thomas Ayres, during her natural life.
Item, I lend unto John Lee, Junr, and Susanna, his wife, during their natural lives, the land purchased of John Miller and Thomas Ayres aforesaid, and I give and devise the remainder in said Lands to my Cousin Hancock Lee (son of the said John Lee, Junr.) to him and his heirs forever.
Item, I give and bequeath unto the said Hancock Lee all the rest of my lands in the County of Essex to him and his heirs forever.
Item, I lend (after the death of my wife) unto my brother Henry Lee for and during his life my lands in Westmoreland County called King Capsicoe, which my father purchased of John Wright, William Chandler and Deliverance, his wife, and Susanna Appleyard and the lands I purchased of Francis Wright and Molly, his wife, and after the death of my said brother Henry, I give and devise the said Lands unto my nephew Henry Lee and his heirs forever, provided my said nephew live to the age of twenty-one years, remainder to my said brother Henry and his heirs forever.
Item, after the death of my wife, I lend all the rest of my lands in Westmoreland unto my brother Richard Lee for and during his natural life, the remainder I give and devise to the issue male of my said brother Richard Lee but for want of such issue I give and devise the said lands to my nephew Henry Lee and his heirs, provided my said nephew lives to the age of twenty one years, remainder to my brother Henry and his heirs.
Item, I lend unto my sister Lettice Ball during her life the negroes I purchased of Col??. William Ball's estate, Vizt. Letty and her child Frank, George and Betty and their increase and after the death of my Sister I give the said negroes and their increase to my niece Mary Ball and Nephew Henry Lee Ball to be equally divided between them and their heirs forever. Item, I give unto my wife Mary Lee my negro fellow Abel, Moll (the daughter of Yellow Nan) my chariot Harness and six chariot horses to her and her heirs forever. Item. After the payment of my debts I give unto Mary Smith and Fanny Smith Daughters of Baldwin Mathews Smith one young negro woman each to them and their heirs forever.
Item. After the life of my wife my will is that my negroes be divided into three equal parts, one third whereof I lend to my brother Henry Lee during his life and after his death I give the same to my nephew Henry Lee and his heirs, provided he live to the age of twenty one years, otherwise I give the same to my brother Henry Lee and his heirs.
Item, I lend one other third part of my said negroes to my brother Richard Lee during his life, the remainder to the issue of my said brother Richard Lee but for want of such issue, I give the same to my brother Henry Lee and his heirs.
Item, I give the other third and residue of my slaves to in manner following, that is to say, one moiety thereof to Hancock Lee, son of John Lee Junr., and his heirs, the other moiety I give to be equally divided amongst Lettice Lee, Philip Lee, Mary Lee and Elizabeth Lee, the other children of the said John Lee and their heirs.
Item, I give and bequeath unto my nephew Hancock Lee my negro fellow Peter (carpenter) exclusive of his part of the other slaves aforesaid.
Item, I give unto the said Hancock Lee my desk, book cas! e, and clock.
Item, I give to my brother Henry Lee my picture and those of my Father and mother. . . .
Item, my will is that my wife sell any timber from the Lands lent her for her own use or for the payment of my debts. . . .
Item, I do hereby appoint and constitute my wife Mary Lee Executrix, my brothers Richard Lee and Henry Lee, Executors, of this my last will and Testament. In Witness whereof I have hereunto set my hand and affixed my seal the twenty third day of September one thousand seven hundred and sixty five.
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Contributed by: James Hughes
URL: http://vagenweb.rootsweb.com/hening/vol04-23.htm#page_452
URL title: Hening's Statutes at Large
Note:
An Act for the better enabling the Executors of the last Will and Testament of Charles Burges, gent. deceased, to pay his Debts, and Legacies.
I. WHEREAS Charles Burges, late of the county of Lancaster, gent. deceased, was in his life time, and at the time of his death, seised in fee simple, of divers plantations, and parcels of land, with the appurtenances, lying and being in the counties of Prince-William, and Spotsylvania; that is to say, Three thousand two hundred and thirty acres, lying and being in the said county of Prince-William, near the mountains, called the Coblers, granted to him by right honourable Thomas, lord Fairfax, proprietor of the Northern Neck, in Virginia, by his certain deed poll, bearing date the fifteenth day of June, in the year of our lord one thousand seven hundred and thirty one; three thousand and forty six acres, lying and being near the mountains, in the said county of Prince-William, granted to him by the said lord Fairfax, by one other deed poll, bearing date the same fifteenth day of June, in the year aforesaid; eleven hundred and seventy six acres, lying and being on Goose-Creek in the said county of Prince-William, granted to him by the said lord Fairfax, by one other deed poll, bearing date the seventeenth day of June, in the year of our lord one thousand seven hundred and thirty one; and two thousand nine hundred and twenty five acres, lying and being upon Goose Creek, aforesaid, in the said county of Executors of Charles Burges, empowered to sell his lands in Prince-William and Spotsylvania.
Prince-William, granted to him by the said lord Fairfax, by one other deed poll, bearing date the thirteenth day of September, in the year of our lord one thousand seven hundred and thirty one; and seven thousand four hundred acres, lying and being in the little fork of Rappahanock river, in the said county of Spotsylvania, granted to him by patent, under the great seal of Virginia, bearing date the twenty fifth day of August, in the year of our lord one thousand seven hundred and thirty one, aforesaid, amounting, in the whole, to seventeen thousand seven hundred and seventy seven acres; besides divers other parcels of land, with the appurtenances, of considerable value. And whereas the said Charles Burges, at the time of his death, being possessed of, and interested in, a great number of slaves, and a personal estate, consisting mostly of outstanding debts, many of which are precarious, or cannot be recovered in any short time, did make his last will and testament, in writing, bearing date the fourth day of November, in the year of our lord one thousand seven hundred and thirty two, whereby he gave several considerable legacies to Frances Burges, his wife, and to his sisters, leaving only three daughters, and the greatest part of his estate undisposed of, and appointed his said wife, and Edwin Conway, and James Ball, gent. executors of his said last will; and since his death, many great debts have been demanded of the said executors, which exceed, and must exhaust, the whole value of the said slaves, and personal estate, if the creditors should bring their actions, and serve executions which will likewise be attended with great expences; whereby the testator's lands must remain a burthen upon the said children, without any hopes of improving or raising any profits out of them. And though by an act of the parliament of Great Britain, lately made, all lands, in the plantations, are made liable to be sold, as a personal estate, for the paiment of debts, yet, in this case, that must be done upon executions, which must issue upon judgments obtained by the creditors, who have their election to take such part of the other estate as may be more easily sold: Therefore, for saving the great expence of law charges, which must necessarily attend the discharging the said debts, in the ordinary course of administration; for preserving the slaves, or such part of them as may be necessary for the cultivating and improving Recital of act of parliament, subjecting lands to sale, in the colonies.
such of the testator's lands as are like to bring in the most profit; and for the better performing and executing the said last will, by paying the legacies contained therein;
II. May it please your most excellent Majesty, at the humble suit of the said Frances Burges, Edwin Conway, and James Ball, That it may be enacted; and be it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and by the authority of the same, That the said Frances Burges, Edwin Conway, and James Ball, or any two of them, and the survivors and survivor of them, and the executors of such survivor, or the administrator of the goods and chattels of the said Charles Burges, by them not administered, be and are hereby severally impowered, to sell to any person or persons, who shall be willing to purchase the same, and for the best price that can be got, all, or any part of the said seventeen thousand seven hundred and seventy seven acres of land, above mentioned and described; and to execute all deeds and conveiances necessary in the law, for assuring unto such purchaser or purchasers, a good estate in fee simple, in the lands so to be purchased: and such purchaser or purchasers shall afterwards for ever peaceably and quietly hold and enjoy the lands, so purchased, to them and their heirs for ever. And the money paid by such purchaser or purchasers, shall be applied, in the first place, to paying the debts, and then the legacies, of the said Charles Burges. And this act is declared to be a public act.
III. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person or persons, bodies politic and corporate, their heirs and successors, (other than the heirs of the said Charles Burges, and the persons claiming under his will) all such right, title, estate, interest, claim, and demand whatsoever, of, in, and to, all or any of the lands before mentioned, as they, every, or any of them, had, should, or might have had, if this act had never been made.
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Contributed by: James Hughes
URL: http://www.edhanson.com/thornton/wills/WILL%20of%20Maj%20James%20Ball.htm
URL title: WILL of Maj. James Ball
Note:
In the name of God Amen I James Ball being in perfect health and memory thanks be to god do make this my last Will in Manner following viz I do first and most principly give and bequeath my Soul to God who gave it me in certain hopes notwithstanding my unworthyness to receive pardon of all my sins through the blessed merits and mediation of my deer redeemer Jesus Christ.
Item I give to my Grand Son Burgess Ball all my lands in King George, Spotsilvania and Stafford Counties during his Natural life & at his decease I give it to his child or children as he shall think fit and to their heirs.
Item I give to my Said grand son Twenty one Slaves viz. Dick, Bristor, Adam Rawleigh, & Alice yt I Bought of my son James, Lucy & her four children and her three grand children, Letty and her Seven children and all their future increase when he shall arrive to the age of twenty one or have lawful issue and that my exe'r keep a true account of the profits of the slaves out of which profits it is my desire my aforesaid grandson be well educated & when he shall arrive to the aforesaid age or have lawful issue, that he be possessed and entitled to ye the said slaves and their increase as also what shall arrive from the profits of the said slaves, but in case my said Grand Son die before he come to the age of twenty one and without lawful issue then I give the Said Slaves and profits to be equally divided among my Son and five Daughters and their heirs.
Item I give to my Said Grand Son my clock and my two mares Blase and Fancy & what stock I shall have on the land before given him and all their increase when he shall come to the age aforesaid or have lawfull issue.
Item I give to my Daughter Sinah and my four grand Sons viz. Jesse Ball son of my Daughter Frances, James Ewell and James Ewell son of Eve Ewell and John Selden and their heirs five thousand acres of land in Prince Wm County to be laid off at the upper end of my mountain tract to them and their heirs equally amongst them. I give to my Daughter Eve one Slave named Sarah and all her Encrease which she has now only the use of.
Item I give to my daughter Selden and her heirs ye land I bought of Benjamin Taylor. I give to my grand son John Taylor Fifty pounds Sterling to be paid him when he shall come to the age of twenty one but if he should die before that age then I give it to his Mother it being part of her portion. Item I give to my five Daughters all my household goods except my plate. The best bed and furniture which I give to my Son James.
Item I give to my Grand Son Tobey Downman Thirty pounds to be laid out in land or a Slave and no otherways. Item I give to my grandson James Downman my watch and Silver Buckles. Item I give to my son James the use of all the remainder of my estate including my Slaves in his possession which he has now the use of all during his natural life and at his death to dispose of as he shall think fit.
Item I do appoint my Son Exr of this my last will and testament and guardian to my grand son Burgess Ball and my will is that my estate be not appraised. In witness my hand and seal this 15th day of July 1754.
James Ball [Seal]
At a Court held for Lancaster County on the 15th day of November 1754 this will was presented in Court by James Ball Gent Excr therein named who made Oath thereto and the same was ordered to be recorded. Teste, Thos Edwards, Jr. C. L. C. A copy Attest Benj'n M. Walker C. C. 1830. Dec 3d.
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Will of PEGGY SKINKER.
I PEGGY SKINKER of county of King George
being sick and weak .. give and devise unto my husband JOHN SKINKER my whole estate •• after his death I give my several tracts of land now in possession of said JOHN SKINKER and Docter WILLIAM BANKHEAD as tenants .• give my tract of land at Nominy .. to THOMAS FISHER JUNR ... give the land known by the name of Bulgers tract to be equally divided between WILLOUGHBY NEWTON. SALLY NEWTON & BETSEY FISHER .• give the reversion of that tract of land •• called the ruins & the land adjacent unto WILLIAM STORKE JETT on condition that he wall in the Grave yard & put tombstones over my Father. Sister Bankheads and my Graves .. give my tract of land in Loudoun to my Husband JOHN SKINKER .. that part of the tract of land called Brittons Neck now in possession of Mr. JAMES BALL to his son JAMES. I give my Sister Fisher my new brown gound and coat with my wedding suit of lace •• my green Sack and coat and suit of lace to my Sister Ball . remainder of my Cloths be equally divided among the Revd. Mr. Mayrees children by my sister. I appoint my husband & Col. THOMAS JETT Executors •. this 30th day June 1777.
Witness Elizabeth Hiller. Peggy Skinker
William Monroe
At a court held .. 5th November 1778 . will presented •• proved
ordered to be recorded.
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
1718 - 1789 (70 years)