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1799-1803 Westmoreland County, Virginia Deed & Will Book 20 [Mike Marshall]; Page 418.
Mary Smith's Will
In the name of God Amen, I Mary Smith of Westmoreland County being of sound mind and memory do make this my last will and testament.
First, I give unto my sister Susanna Lee of Essex County my mulatto fellow Abel and my chariot and horses.
Item I give and bequeath unto my three nieces Mary Lee, Susanna Lee and Philicia Sally Lee daughters of my nephew Philip Lee, deceased by Negro woman Mary, Alice, Moll and her children Aggy, Hannah, Beck, Angelina, Prue, Mary, George, Harriet and Peter together with the present increased of the females among them and also their future increase. But it is always understood that the aforementioned Negro by the name of Aggy, I lend to Mrs. Mary J. Lee during her life and after her death to come into the division aforesaid according to the above bequeath.
Item I give unto my nephew Baldwin M. Lee all my books of accounts, bonds, notes, bills and debts and the money which may be due to me at the time of my death, and all the monies which my nephew may have in his possession which he may consider as mine.
Item all the rest and residue of my estate of every kind together with the crops of every kind that may be growing on my plantation called Cabin Point at the time of my death I give to be equally divided between my nephews John P. Lee, Baldwin M. Lee and George W. Lee and my niece Susannah Lee, daughter of my sister Susanna Lee of Essex in equal division between them or the survivors.
I do hereby appoint my three nephews John P. Lee, Baldwin M. Lee and George W. Lee executors and my niece Susannah Lee, daughter of my sister Susanna Lee of Essex County executrix of this my last will and do desire they or either of them enter on the execution of their office without giving bond and security. Witness my hand and seal this 27th day of November 1801.
Witness: J. T. Carter, Steven Moore
Gerard McKenney (his mark) Mary Smith
Reuben McKenney (his mark)
At a court held for Westmoreland County the 24th day of January 1803 the aforegoing last will and testament of Mary Smith was presented in court by Baldwin M. Lee one of the executors therein named who made oath thereto according to law and the same being also proved by the oath of Gerard McKenney a witness thereto, it is ordered to be recorded, and on the motion of the said executor and he having done what is usual in such cases, certificate is granted him for obtaining a probate thereof in due form.
Teste Joseph Fox, Jr. CWC
[Mary Smith d/o Philip, m 1st Jesse Ball, 2nd John Lee, 3rd John Smith]
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1761-1768 Westmoreland County, Virginia Deeds & Will Book 14 [Mike Marshall]; Page 412.
John Lee's Will
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 life.
Item, I lend unto John Lee, Junr, and Susanna Lee, his wife, during their lives, my land purchased of John Miller and Thomas Ayres aforesaid, and I give and devise the remainder of the 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 Wright, his wife, and after the death of my said brother Henry Lee, 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 21 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 21 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 case, and clock.
Item, I give to my brother Henry Lee my picture and those of my father and mother [xxxx]. . .
Item I give unto my brothers [xxxxxxxxxxxxxxx] sheep, horses and hogg in Westmoreland after [xxxxxxxxxxxx] stocks of horses, cattle, sheep and hogs in Essex.
Item, my will is that my wife do sell any timber from the Lands lent her for her own use or for the payment of my debts.
Item I give my wearing cloaths to my neighbor Robert Farmer excepting my linnes.
Item for the regard I have for Mr. Robert Greer, I lend unto him the lodging room over my chamber or the school house which ever he chooses with a good bed and furniture to it, a small table and 4 chairs and likewise my will is that he be provided with cloathing and victuals in my house during his life.
Item, I do hereby appoint and constitute my wife Mary Lee executrix, my brothers Richard Lee and Henry Lee, and my kinsman John Lee, Jr., executors of this my last will and testament. In Witness whereof I have hereunto set my hand and affixed my seal the 23rd day of September 1765.
Signed sealed published in the presence of us John Lee
John Matthews
Robert Greer
John Gillon
Alexander Parker
At a court held for Westmoreland County the 24th day of February 1767 this will was proved according to law by the oaths of John Gillon and Alexander Parker witnesses thereto and ordered to be recorded. Richard Lee, Esq., the heir at law being present and consenting thereto, and at acourt held for the said county the 25th day of August 1767, on the motion of Mary Lee, widow and executrix named in the said will who made oath according to law and together with Thomas Smith, Clerk, John Augustine Washington, Richard Henry Lee and Richard Parker, Gent., her securities entered into and acknowledged bond with condition as the law directs, certificate is granted her for obtaining a probate thereof in due form, liberty being reserved to Richard Lee, Henry Lee and John Lee the other executors to join in the probate when they shall think fit. Teste
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1768-1773 Westmoreland County, Virginia Deeds & Will Book 15 [Mike Marshall]; Page 13.
Lee from Smith & Wife Indenture Tripartite
This indenture Tripartite made the 30th day of August 1768 between John Smith of the Parish of Wicomico and County of Northumberland, Gent., of the first part, Mary Lee of the Parish of Cople and County of Westmoreland, widow of the second part and John Lee of the Parish of St. Anne’s and County of Essex, Gent., of the third part. Whereas a marriage by God’s permission is intended shortly to be had and solemnized between the said John Smith and the said Mary Lee and whereas John Lee, late of the County of Essex, Gent., deceased did by his last will and testament in writing bearing date the 23rd day of September 1765, devised to his widow the said Mary Lee, party to these presents, the use of his lands in the said County of Westmoreland for and during her natural life and also sundry slaves and other personal estate and by the said will, appointed the said Mary Lee, the said John Lee and Richard Lee of the said County of Westmoreland, Gent., executors of the said will; and whereas the said Mary Lee only has taken upon herself the burthen of the execution of the said will, and whereas likewise the said Mary Lee since the death of her husband, the said John Lee hath acquired other estate consisting of slaves, stocks of cattle, horses, sheep and hogs, and other personal estate to a considerable amount, and whereas also the said John Lee, the late husband of the said Mary Lee, did very considerably indebted to sundry persons as well in Great Britain as in this colony and elsewhere, sundry of which debts are still due and unpaid. Now this indenture witnesseth that in consideration of the said intended marriage and likewise for the sum of five shillings to the said Mary Lee in hand paid by the said John Lee the receipt whereof is hereby acknowledged she the said Mary Lee hath given granted bargained and sold and by these presents doth give grant bargain and sell unto the said John Lee party to these presents, all the lands slaves stocks and other estate before mentioned to be devised to her by her husband’s will and also all other the estate of the said Mary Lee except her paraphernalia and wearing apparel. To have and to hold the premises aforesaid except as excepted unto the said John Lee his executors and administrators in trust to and for the several uses intents and purposes following; and first for the said John Lee to take all and every part of the said estate under his care and management and to apply the profits thereof towards the discharge of the debts the said John Lee, deceased and if the said John Lee party to these presents shall judge it necessary to sell and dispose of any part of the said estate then to sell and dispose of the same or such part thereof as he together with the said Mary Lee and John Smith shall judge most convenient in order to discharge fully the debts of the said John Lee, the testator agreeable to the intentions of his will. And also in trust to discharge such debts as the said Mary Lee has contracted since the death of her husband, and after the debts aforesaid are paid, then in trust to permit the same Mary Lee and John Smith, in case the marriage shall take effect, to receive the profits of the said estate during their joint lives and if the said Mary Lee shall survive the said John Smith then to the sole use of the said Mary in as full and ample manner as it is given her by the will of her late husband and as she enjoyed the same before this deed was executed. But if she should die under coverture in the lifetime of the said John Smith, then the whole of the estate herein before mentioned or intended to be bargained and sold for such part thereof as the said Mary Lee as an absolute property in, in trust to the use of such person or persons as the said Mary Lee shall by her last will and testament in writing or any deed in writing executed in the presence of two or more witnesses give or devise the same. And the said Mary Lee for herself her executors, administrators doth covenant promise and grant to and with the said John Lee his executors and administrators that the estate of the said John Smith shall not be liable for any part or parcel of the debts due from the said Mary Lee to any persons whatsoever. And the said John Smith for himself his heirs executors and administrators doth covenant promise and grant to and with the said John Lee his heirs executors and administrators that the estate of the said Mary Lee shall by no means be liable for any debts which the said John Smith owes at the time or may contract during his coverture with the said Mary Lee and he doth likewise covenant and grant to and with the said John Lee that it shall and may be lawful for the said Mary Lee to make such dispositions of her estate during coverture either by will or deeds in writing as aforesaid as she shall think proper without the molestation or hindrance of him the said John Smith. In witness whereof the parties to these presents have hereunto set their hands and seals the day and year first written.
Sealed and delivered in presence of us John Smith
Thomas Smith John Lee
Philip Smith
Solomon Robinson
At a court held for Westmoreland County the 30th day of May 1769 this indenture was proved by the oath of Thomas Smith, clerk a witness thereto and having been before proved by the oath of the other two witnesses thereto is ordered to be recorded. Teste.
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1768-1773 Westmoreland County, Virginia Deeds & Will Book 15 [Mike Marshall];
Page 17.
Lee, Smith & Wife to Smith Indenture Tripartite
This indenture tripartite made the 13th day of January 1769 between John Lee of the County of Essex of the first part, Richard Lee of the County of Westmoreland, Esq. of the second part, and John Smith of the County of Northumberland, Esq. and Mary Smith his wife of the third part. Whereas John Lee, late of the County of Essex, Gent., deceased did by his last will and testament in writing bearing date the 23rd day of September 1765, devised to the said Mary his widow the use of all his lands in the County of Westmoreland for and during her natural life and after her decease a certain part thereof particular specified in the said will, to the said Richard Lee and his heirs forever; and whereas the said Mary has since intermarried with the said John Smith but before such intermarriage by indenture tripartite bearing date the 30th day of August 1768 made or mentioned to be made between John Smith aforesaid of the first part and the said Mary the second part and the said John Lee third part, conveyed the whole of the estate devised to her by the will of the said John Lee before mentioned on to the said John Lee, party to these presents and his heirs in trust among other things to take all and every part of the said estate under his care and management and to apply the profits thereof towards the discharge of the debts of the said John Lee, deceased, and if the said John Lee party hereto should judge it necessary to sell and dispose of any part of the said estate, then to sell and dispose of the same or such part thereof as he together with the said John Smith and Mary Smith his wife should judge most convenient in order to discharge fully debts of the said John Lee, the testator, agreeable to the intention of his will; and whereas it is found by the said John Lee party to these presents absolutely necessary for the purposes aforesaid to sell and dispose of the dividend of the tract of land devised as aforesaid to the said Richard Lee after the death of the said Mary and the said John Smith and Mary Smith his wife have given their assent thereto, which is testified by them becoming parties to these presents, now this indenture witnesseth that the said John Lee in consideration of the trust reposed in him and for the sum of 460 pounds to him in hand or secured to be paid by the said Richard Lee, the receipt whereof he doth hereby acknowledge, hath granted bargain sold and confirmed and by these presents doth grant bargain sell and confirm unto the said Richard Lee and his heirs and assigns all the said tract or parcel of land to him devised by the will aforesaid (after the death of the said Mary) to have and to hold the said tract or parcel of land with all the privileges and appurtenances thereunto belonging unto him the said Richard Lee his heirs and assigns forever against them the said John Smith and Mary Smith his wife, or either of them or the said John Lee, party hereto or his heirs. In witness whereof the said John Lee, John Smith and Mary Smith his wife have hereunto mutually set their hands and affixed their seals the day and year above written.
Sealed and delivered in presence of John Lee
Thomas Smith John Smith
G. L. Smith Mary Smith
Philip Smith
At a court held for Westmoreland County the 30th day of May 1769 this indenture and the receipt endorsed were proved by the oaths of Thomas Smith, clerk and John Augustine Washington witnesses thereto and having been before proved by the oath of Philip Smith another of the witnesses thereto are ordered to be recorded. Teste
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
Bef 1720 - 1803 (> 83 years)