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1773-1787 Westmoreland County, Virginia Deeds & Will Book 16 & 17 [Mike Marshall]; Page 303.
Daniel Fitzhugh's Will
In the Name of God Amen, I Daniel Fitzhugh of Westmoreland County, planter being in good health and sound memory do make this my last will and testament in manner following.
My body I desire may be buried in my brother Willam Fitzhugh’s burying yard without further ceremony than Christian decency.
Item I leave to my son William Fitzhugh all my negroes which I had by his mother Catherine Fitzhugh with all their increase to be delivered to him at age 21 years.
Item I will that my executors do as soon as convenient make sale of all my land which I now hold, together with my leased land, the money arising therefrom to be placed out of the interest in good hands with proper security which money I give to my said son William Fitzhugh at the age of 21 years.
Item I will that my make sale of all my stocks and chattels of whatever sort, the amount of which, together with my outstanding debts or unsold tobacco to be appropriated towards the discharge of my debts and if there should be any overplus to be equally divided between my three children.
Item I give unto my said son all my clothes, watch, gold, stock, buckle and studs, and buckles.
Item provided my said son William Fitzhugh should die before the age of 21 years or without lawful issue I then will that all the estate be equally divided between my two daughters Jane Fitzhugh and Sukey Fitzhugh; and in case either of the said daughters should die before marriage I leave the whole to the survivor.
Item I leave unto my daughter Jane Fitzhugh all the Negroes which I had with her mother Elcy [Alice] Fitzhugh with all their increase and to be delivered to her when she marries, and in the meantime to be properly educated and clothed from the hire of the said Negroes; and should she die before marriage, then I leave all the estate herein given her to my son William Fitzhugh.
Item I leave unto my daughter Sukey Fitzhugh all the Negroes which I had by her mother Susanah Fitzhugh with their increase will she marries. And whereas there is considerable sum of money due to me from the heirs of the Hon. Philip Grymes, Esq. which was due to my wife Susannah Fitzhugh, I hereby bequeath the whole of it when recovered to my daughter Sukey Fitzhugh and her heirs. But should she die before marriage I then bequeath all the estate herein left to her by her brother William Fitzhugh and sister Jane Fitzhugh unto my brother William Fitzhugh’s children of his wife Hannah Fitzhugh.
Item I give and bequeath to my niece (and God daughter) Lucy Fitzhugh (daughter of my brother William Fitzhugh) my Negro wench Stace and her increase when she marries; and in case of her death before marriage I leave the said legacy to his daughter Sally Fitzhugh and if she should die before marriage then I leave it to his son McCarty Fitzhugh, and in case of his death to his daughter Anna Fitzhugh, and in case of her death to his son Philip Fitzhugh.
Item I hereby appoint my loving brother William Fitzhugh, my friends William Fitzhugh of Chatham and Daniel McCarty, Esq. wife executors in guardians to my children. As witness my hand and seal the 17th day of September 1777. Teste
Peter Hansbrough
Stephen Crank
William Crank
William Hooe
William Steward
At a court held for Westmoreland County the 28th day of March 1786, this last Will and Testament of Daniel Fitzhugh, deceased being presented in court by William Fitzhugh, Esq. one of the executors therein named who made oath thereto as the law directs in the same being proved by the oath of Peter Hansbrough, Stephen Crank and William Hooe three of the witnesses thereto is admitted to record and on the motion of William Fitzhugh and his performing what the law requires in such cases, a certificate is granted him for obtaining a probate thereof in due form.
Test Richard Bernard CWC
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