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1794-1798 Fairfax County, Virginia, Will Book G; [Antient Press]; Page 194-212
IN THE NAME OF GOD Amen, I RICHARD CHICHESTER of the County of Fairfax and Commonwealth of Vii giuia being in weak and low state of health but of sound and perfect mind and memory, blessed be Almighty God, however calling to mind the mortality of my body and knowing that it is appointed for all men once to die, I do hereby constitute make and ordain this my last Will and Testament in manner and form following: that is to say,
First, and principally I commend my soul into the hands of Almighty God who gave it hoping through the merits death and passion of my Saviour Jesus Christ to receive full and free pardon and forgiveness of all my sins and to inherit everlasting life; And my body I commit to the earth to be decently buried at the discretion of my Executors hereafter to be named, And as for settling my temporal Estate which it hath pleased Almighty God to bestow on me, I give and dispose of as followeth:
First, my will is that all my just debts and funeral expenses be paid and discharged; Item, I give and devise unto my beloved Wife, SARAH CHICHESTER, the home land and plantation whereon I now live including therein all the lands I hold by Deed from our Father, DANIEL McCARTY Esqr., also all that tract or parcel of land I purchased of the heirs of Mr. JOHN BRONAUGH deceased, and a part of the land I purchased of Mr. BRYAN FAIRFAX called GREEN HILL, that part situate lying and being on the East side of the Road commonly called and known by the name of BACK LICK ROAD; the whole containing about One thousand acres more or less, And all the Stocks of mules, cattle, sheep, hogs and plantation utensils belonging to my said home Plantation, all my household and kitchen furniture and Silver Plate; my four wheel carriage with the harnis and horses thereunto belonging; my large bay Mare call Jenny Cameron, my Roane Mare I bought of Colo. WM. PAYNE, my single chair and harnis, with the little bay horse belonging thereto called Buck Skin, also my sorrel Colt I bought of WM. ATCHESON called Fox, and the bay Mare called Pacing Jenny, which I got for my said Wife to ride, together with the following Negro slaves, to wit, Old David, Sall his Wife and their seven Children, to wit, Raphney, Nathan, David, Sinah, Dennis, Sarah Mariah and Hannah Dennis; also old Harry who in common drives our Carriage; old mulatto Hannah, old Judy, old Peter and old Nan his Wife, and little black Betty, daughter of Minney, with all their increase that shall be born between the date of this my Will and the time of my death; both the said lands and slaves with all other mentioned property to her my said beloved Wife, SARAH CHICHESTER, for and during the term of her natural life with a power either by Deed or Deeds in her lifetime or by a last Will and Testament to give devise and bequeath the said lands and slaves and all other mentioned property or any part thereof to any one Child or Children or any one Grand Child or Grand Children of hers and mine in fee simple and absolute property or for any lesser Estate, and with such limitations among our said Children and Grand Children and their issue as she my said beloved Wife, SARAH CHICHESTER, shall and may choose and think proper; for want of such disposition or dispositions of any part of said lands and slaves, and all other mentioned property, I give and bequeath the said personal estate to be divided among my three Daughters, to wit, SARAH McCARTY, SINAH ELLEN and MARY SYMS, to them their heirs and assigns respectively forever.
Item, I give and bequeath unto my Son, DODRIDGE PITT CHICHESTER all the lands herein before devised unto my beloved Wife, SARAH CHICHESTER, (provided my said Wife, SARAH CHICHESTER should die without disposing of said lands to any one or more of the Children or Grand Children of hers and mine as herein before described) to him his heirs and assigns forever. I also give and bequeath unto my aforesaid beloved Wife, SARAH CHICHESTER, my two mulatto girl slaves to (names blotted by stain) Daughter of Grace and Emmah daughter of Mille in FAUQUIER, with full power and absolute authority to dispose of them and each of them respectively and all their increase from the date hereof in any manner or way that she my said Wife, SARAH CHICHESTER, shall and may at any time think proper; I also further devise unto my aforesaid beloved Wife, SARAH CHICHESTER, the use of another tract of land situate in County of FAUQUIER commonly called and known by the name of the PINE QUARTER, containing about one thousand acres more or less, together with all the stocks of mules, plough horses, cattle sheep hogs and plantation utensils belonging to my said PINE QUARTER for and during the term of her remaining my Widow and upon her death or second marriage, whichsoever shall first happen.
Item, I give and bequeath unto my Son, DODDRIDGE PIT CHICHESTER the said tract or parcel of land in said County of FAUQUIER called the PINE QUARTER with all the aforementioned stocks of every kind and plantation utensils thereunto belonging to him his heirs and assigns forever. I further devise unto my aforesaid beloved Wife, SARAH CHICHESTER, the use of the following Negro slaves, to wit, Emanuel, Dennis and Ephraim, my two Blacksmith, Robin my Shoe maker, Alce, Grace, Black Hannah and Priscilla, with all their increase that shall be born between the date of this my Will and the date of my death; for and during the term of her remaining my widow and on her death or second marriage which soever shall first happen.
Item, I give and bequeath the said Negro slaves, to wit, Emanuel, Dennis, Ephraim, Robin, Alce, Grace, Black Hannah and Priscilla with all their said increase to be equally divided among my Sons, RICHARD McCARTY, DANIEL McCARTY and DODDRIDGE PITT their heirs and assigns respectively forever.
Item, I give and bequeath unto my Son, DODDRIDGE PITT CHICHESTER, all the lands I purchased of THOMAS LEE, DANIEL CARROLL BRENT and JAMES STEPTOE Esqrs., also of Mr. SOLOMON HORNBUCKLE and Mr. JOHN FOWLER with a part of land I purchased of Mr. BRYAN FAIRFAX called GREEN HILL; that part situate lying and being on the West side of the aforementioned BACK LICK ROAD, the whole of said lands constitute my ACCOTINK QUARTER, in the Parish of Truro and said County of Fairfax, And containing about one thousand acres or more, to him his heirs and assigns forever; I also give and bequeath unto my said Son, DODDRIGE, all the stock of every kind whatsoever and plantation utensils belonging to my said ACCOTINK QUARTER, when he receives possession thereof, to him his heirs and assigns forever;
Item, I give and bequeath unto my Son, DANIEL McCARTY CHICHESTER, all the lands I now hold in the Parish of Fairfax in said County of Fairfax, also all the lands that I may and shall at any time hereafter have a right to claim (by from or under the two several purchases that I have made from Mr. RICHARD WATTS and the Executors of JOHN FITZHUGH Esqr., deceased), in virtue of the Ejectment now depending in the District Court at DUMFRIES; RICHARD CHICHESTER Plaintiff against SIMON SOMERS Deft., with that small parcel of land patented in my own name bearing date the thirtieth day of January Anno Dom. 1776, contained in the whole about One thousand acres more or less as pr. Deeds duly recorded among the Records of said County of Fairfax and in the Proprietors Office, reference thereunto being hand will more fully and at large appear; together with all the Stocks of every king whatsoever & Plantation utensils belonging to the plantation on said land called POOR STOCK, to him his heirs and assigns forever.
Item. I give and bequeath unto my said Son, DANL: McCARTY CHICHESTER, the following Negro slaves, to wit, Great Peter, Jessee, Aron, Isaac, Dick, Martin, Aggy, Charlotte, Nelson, Rebecca, Zachariah, Yellow Moll Daughter of old mulatto Hannah; Thomas Pembroke, Judy, Daughter of Alce, Sam, Nancy Daughter of Suck, Yellow Molly Daughter of Mary, Cornelius Nepos, Lucreatha, Daniel, Adam, Son of Yellow Moll, Solomon, Charles, Billy, Son of Peg, Joshua son of Grace, and Rawleigh with all their increase that shall be born between the date of my Will and the time of my death to him and his heirs forever; I also confirm unto my Son, DANIEL McCARTY, the gift of the several guns, pistols, horses, bed and furniture and all articles that is commonly kept in the Office where he lodges, and in his actual possession to dispose of as he may think proper.
Item, I devise unto my Daughter, SINAH ELLEN, the use of a tract or parcel of land situate lying and being in the Parish of Truro in said County of Fairfax containing by estimation Twelve hundred and forty one acres be the same more or less, which said tract or parcel of land I purchased of THOMAS and LAWSON HATHAWAY, as p. Deed duly recorded among the Records of the said County of Fairfax; for and during the time of her natural life and no longer, and her her decease I devise the said tract or parcel of land to be divided among such of the Children and Grand Children of my said Daughter, SINAH ELLEN, that shall be living at the time of her death in such manner that each stock of Grand Children shall only receive a dividend equal to a Child following the rules of the Act of Distribution, to them the said Children and Grand Children of said SINAH ELLEN, that shall be living at the time of her death; their heirs and assigns respectively forever as Tenants in Common, And if my said Daughter, SINAH ELLEN, should die leaving no Child or Grand Child living at the time of her death, I then further devise the said tract or parcel of land after the death of her my said Daughter, SINAH ELLEN, to my Daughter, MARY SYMS, for and during the term of her natural life and no longer, And upon her death, I devise the same to be divided among such of the Children and Grand Children of my said Daughter, MARY SYMS, that shall be living at the time of the death of the said SINAH ELLEN and the said MARY SYMS, in such maser that eachstock of Grand Children shall only receive a dividend equal to a Child, following the Rules of the Act of Distribution, to them the said Children & Grand Children of the said MARY SYMS their heirs and assigns forever as Tenants in Common, And if both my said Daughters, SINAH ELLEN and MARY SYMS, should die leaving neither a Child or Grand Child living at the respective times of their deaths, then in that case, I further devise the said tract or parcel of land to my Daughter, SARAH McCARTY MASON, to her and her heirs and assigns forever, I further devise unto my Daughter, SINAH ELLEN my Negro girl slave called Rachel, who is Daughter of Alce, with all her increase from the date hereof and during the term of her natural life and no longer; And at her death I devise the said Negro girl slave called Rachel, with her said increase, from the date hereof, to be divided among such of the Children or Grand Children of my said Daughter SINAH ELLEN that shall be living at the time of her death in such manner that each Stock of Grand Children shall only receive the dividend equal to a child following the Rules of the Act of Distribution, to them and their heirs forever; And if my said Daughter, SINAH ELLEN, should die leaving no Child or Grand Child living at the time of her death, then in that case I further devise the Negro slave called Rachel and all her said increase to my Daughter, MARY SYMS, for and during the term of her natural life and no longer, and upon her death, I devise the said Negro girl called Rachel with all her said increasse to be divided among such of the Children and Grand Children of my said Daughter, MARY SYMS, that shall be living at the times of the deaths of the said SINAH ELLEN and the said MARY SYMS, in such manner that each stock of Grand Children shall only receive a Dividend equal to a Child following the Rules of the Act of Distribution, to them their heirs and assigns forever; And if both of my said Daughters, SINAI! ELLEN and MARY SYMS, die, neither leaving a Child or Grand Child living at the respective time of their deaths, then in that case I further devise the said Negro girl slave called Rachel with all her said increase to my Daughter, SARAH McCARTHY MASON to her and her heirs and assigns forever;
Item, I confirm unto my Grand Son, THOMPSON MASON, the Gift of my mulatto slave called William, (who is Son of Yellow Jenny), the said slave called William and my said Grand Son, THOMPSON MASON, were both born on the same day; to him his heirs and assigns forever, My will is that my Grandson, THOMPSON MASON, have my Pocket Pistols. I confirm unto my Grandson, RICHARD McCARTY BARNES CHICHESTER, the Gift of my boy slave called Hanson, who is son of Cloe, Whim his heirs and assigns forever,
Item. I confirm unto my Grandson, RICHARD KENDAL LEE, the Gift of my Negro boy slave called Billy, who is Son of Cate in FAUQUIER, to him his heirs and assigns forever; Item. I confirm unto my Grandson, BERNARD HOOE, the Gift of my Negro boy slave called Duke, who is Son of Priscilla, to him his heirs and assigns forever;
Item, I confirm unto my Grand Daughter, SARAH CHICHESTER MASON, the Gift of my mulatto girl slave called Lizzy, who is Daughter of Peg, with all her increase from the date hereof to her her heirs and assigns forever;
Item. I confirm unto my Grand Daughter, ANN MASON CHICHESTER, the gift of my mulatto girl slave called Martha who is Daughter of Peg, with all her increase from the date hereof to her her heirs and assigns forever;
Item I confirm unto my Grand Daughter, MARY CHICHESTER HOOF, the gift of my mulatto girl slave called Nancy, who is Daughter of Peg, with all her increase to be divided among such of the Children and Grand Children of my said Grand Daughter, MARY CHICHESTER HOOE, that shall be living at the time of her death, in such manner that each stock of Grand Children shall receive only a dividend equal to a Child, following the Rules of the Act of Distribution, to them their heirs and assigns respectively forever: And if my said Grand Daughter, MARY CHICHESTER HOOF, should die leaving no Child or Grand Child living at the time of her death, I then further devise the said mulatto girl slave called Nancy with all her said increase, to my Daughter, MARY SYMS HOOE, for and during the term of her natural live & no longer, and upon her death, I further devise the said mulatto girl slave called Nancy with all her said increase to my Grand Daughter, SARAH McCARTY HOOE, to her her heirs and assigns forever;
Item I confirm unto my Grand Daughter, BETTY LEE, the gift of my Negro girl slave called Nelly, who is Daughter of Chloe, with all her increase from the date hereof, for and during the term of her natural life and no longer, and upon her death I devise the said Negro girl slave called Nelly with all her said increase to be divided among such of the Children and Grand Children of my said Grand Daughter, BETTY LEE, that shall be living at the time of her death, in such manner that each stock of Grand Children shall only receive a dividend equal to a Child, following the Rules of the Act of Distribution, to them their heirs and assigns respectively forever; And if my said Grand Daughter, BETTY LEE, should die leaving no Child or Grand Child living at the time of her death. I then in that case do further devise the said Negro girl slave called Nelly with all her said increase, to my Daughter, SINAH ELLEN, for and during the term of her natural life and no longer, And upon her death, I further devise the said Negro girl slave called Nell), with all her said increase to my Grand Daughter, SARAH McCARTY LEE, to her her heirs and assigns forever,
Item. I give and bequeath unto my Son, DODDRIDGE PITT CHICHESTER, the follow Negro slaves, to wit. Old Shadrach, George, Joe, Tom, Frank, Joshua, Yellow Betty, Winney, Daphney, Cate Sarah, Yellow Hannah Daughter of Peg; Black Motley, Fanney Daughter of Prince, Jerry, Ann, Adam, Vantrump, Lazarous, Zachariah, Doll, Silvia, Dinah Daughter of Alce, Letty Daughter of Peg, Willis, Abraham, George, Son of Charles, Jacob Son of Jack, and Earl Son of Priscilla, with all their increase that shall be born between the date of this my Will and the time of my death; to him and his heirs forever;
I also confirm unto my said Son, DODDRIDGE PITT, the gift of all the horses, guns, pistols that I have heretofore given him into his actual possession to dispose of as he may think proper, I further devise unto my aforesaid beloved Wife, SARAH CHICHESTER, the use of the following Negro slaves; to wit, Cain, Black David, Yellow Will, Solomon, Black Will, Charles at NEWINGTON, Isaiah, Lewis, Natt, Lames Shadrach, Charles Son of Jack, James Son of Peg, Old James, Charlotte his Wife, Suck, Chloe, Peg, Martha, Mimey, Charlotte Daughter of Cate, Harry Son of Mimey, Fanny Daughter of Abraham, John Julius Ceasar, Rose, Ann Daughter of Sarah, Liddia and Levinia; with all their increase that shall be born between the date of this my Will and the time of my death; for and during the term of her remaining my Widow and no longer, and upon her second marriage or death, whichsoever shall first happen, I devise the said Negro slaves (except such of them as shall hereafter be specifically bequeathed to any one or more of my Children) with all their increase from the date hereof to be divided into six equal lotts
Item. I give and bequeath unto my Son, DANIEL McCARTY, (after the death or second marriage of my said Wife, SARAH CHICHESTER, whichsoever shall first happen), my Negro man slave called Black Will, together with the first choice of said six equal lolls of said slaves, so divided with all their increase to him his heirs and assigns forever;
Item. I give and bequeath unto my Son, DODDRIDGE PITT, my Negro man slave called Isaiah and my mulatto boy slave called John Julius Ceasar; together with the second choice of said six equal lofts of said slaves so divided, with all their increase to him his heirs and assigns forever;
Item. I devise unto my Son, RICHARD McCARTY CHICHESTER, the third choice of said six equal lotts of said slaves, so divided, with all their increase, for and during the term of his natural life and no longer, And upon his death, I devise the same to be divided among such of the Children and Grand Children of my three Daughters, to wit, SARAH McCARTY, SINAH ELLEN and MARY SYMS, that shall be living at the time of the death of my said Son, RICHARD McCARTY, in such manner that each stock of Grand Children shall only receive a dividend equal to a Child, following the Rules of the Act of Distribution; to them their heirs and assigns forever;
Item. I give and bequeath unto my Daughter, SARAH McCARTY, the fourth choice of said six equal lotts of said slaves so divided, with all their increase, to her her heirs and assigns forever;
Item. I devise unto my Daughter, SINAH ELLEN, the fifth choice of said six equal lotts of said slaves so divided, with all their increase, for and during the term of her natural life and no longer, and upon her death I devise the said Negro slaves that shall comprise the said fifth lott of slaves so divided, with all their increase, to be divided among such of the Children and Grand Children of my said Daughter, SINAH ELLEN, that shall be living at the time of her death, in such manner that each stock of Grand Children shall only receive a dividend equal to a Child, following the Rules of the Act of Distribution. to them and their heirs and assigns forever; And if my said Daughter. SINAH ELLEN should die leaving no Child or Grand Child, living at the time of her death then in that case I further devise the said Negro slaves that comprise the said fifth lott of said slaves so divided, with all their increase, to be divided among such of the Children and Grand Children of my two Daughters, to wit, SARAH McCARTY and MARY SYMS that shall be living at the time of the death of my said Daughter, SINAH ELLEN, (provided there shall be no Child or Grand Child of my said Daughter, SINAH ELLEN, living at the time of her death) in such manner that each stock of Grand Children shall only receive a dividend equal to a Childs part following the Rules of the Act of Distributions, to them their heirs and assigns forever;
Item. I devise unto my Daughter, MARY SYMS, the sixth lott of said slaves so divided, with all their increase for and during the term of her natural life and no longer, and upon her death, I devise the said Negro slaves that comprise the said sixth lott of said slaves so divided with their increase, to be divided among the Children & Grand Children of my said Daughter, MARY SYMS, that sha11 be living at the time of her death, in such manner that the stock of Grand Children shall only receive a dividend equal to a Child, following the Rules of the Act of Distributions; to them their heirs and assigns forever; And if my said Daughter, MARY SYMS, should dye leaving no Child or Grand Child living at the time of her death, then in that case I further devise the said Negro slaves that shall comprise the said sixth lott of said slaves so divided, with all their increase to be divided among such of the Children and Grand Children of my two Daughters, to wit, SARAH McCARTY and SINAH ELLEN, that shall be living at the time of the death of my said Daughter, MARY SYMS, (provided there shall be no Child or Grand Child of my said Daughter, MARY SYMS, living at the time of her death), in such manner that each stock of Grand Children shall only receive a dividend equal to a Child, following the Rules of the Act of Distributions, to them and their heirs and assigns respectively forever;
Item I devise unto my Daughter, MARY SYMS, the following Negro slaves, to wit, Mary, Dinah and Judy (all of whom are now in possession of Mr, BERNARD HOOE JUNR,, her Husband on hire) with all their increase that shall be born between the date of this my Will and the time of my death, for and during the term of her natural life and no longer And upon her death I devise the said Negro slaves Mary, Dinah and Judy, with all their increase to be divided among such of the Children and Grand Children of my sid Daughter MARY SYMS, that shall be living at the time of her death in such manner that each stock of Grand Children shall only receive a dividend equal to a Child, following the Rules of the Act of Distributions, them their heirs and assigns forever; And if my said Daughter, MARY SYMS, should die leaving no Child or Grand Child living at the time of her death, then in that case I devise the said Negro slaves Mary, Dinah and Judy with all their increase, to my Daughter, SINAH ELLEN, for and during the term of her natural life and no longer, and upon her death I devise the said Negro slaves Mary, Dinah and Judy with all their said increase to be divided among such of the Children and Grand Children of my said Daughter, SINAH ELLEN, that shall be living at the time of her death in such manner that each stock of Grand Children shall only receive a dividend equal
to a Child, following the Rules of the Act of Distributions, to them their heirs and assigns respectively forever; And if both my said Daughters, MARY SYMS and SINAH ELLEN, should die leaving neither a Child or Grand Child living at the respective times of their deaths, then in that case I further devise the said Negro slaves, Mary, Dinah & Judy, with all their increase, to my Daughter, SARAH McCARTY, to her and her heirs & assigns forever;
Item, I devise unto my Son, RICHARD McCARTY CHICHESTER, the following Negro slaves, to wit, Allen & Little Black Betty, Daughter of Great Betty in FAUQUIER, with her increase from the date hereof for and during the term of his natural life and no longer And upon his death, I devise the said Negro slaves, Allen and Betty, with her increase,
to bedivided among such of the Children and Grand Children of my Son, DODDRIDGE PITT that shall be living at the time of the death of my said Son, RICHARD McCARTY, in such manner tht each of Grand Children shall only receive a dividend equal to a Child, following the Rules of the Act of Distributions, to them their heirs and assigns forever;
Wheresoever through this my Will I have or shall upon certain contingencies limittcd an Estate to be divided among the Children and Grand Children of my own Children using only the plural number, it is nevertheless my will and I accordingly
devise that in all and every such cases only one Child or Grand Child should be left by any such Child of my own, such single Child or Grand Child upon the same contingency or contingencies shall take the whole estate which should have been divided among the Children and Grand Children if there had been morel than one;
Item. I deivse unto my Executors hereafter to be named full and compleate power and absolute authority (if required by my Daughter, SINAH ELLEN, to sell and dispose of the said tract or parcel of land that I have herein before devised unto my said Daughter, SINAH ELLEN, under certain limitations before mentioned; And to make and execute Deeds of Conveyance for the same in the same manner, effectual in Law, as I could do were I living, And to lay out all the money arising from the sale thereof in the purchase of other lands of greater value to be substituted by this my Will in place of the aforesaid tract or parcel of land herein before devised unto my said Daughter, SINAH ELLEN, in every respect consistent with the true intent & meaning of this my Will as herein before expressed and devised: that is to say, provided my said Executors hereafter to be named, shall concur in opinion with my said Daughter, SINAH ELLEN, that such an exchange of lands can be made to the advantage of the respective persons, to whom the aforesaid tract of land is herein before devised. I do hereby certify and
declare that the several devises herein before and hereafter to be made unto my afore- said beloved Wife, SARAH CHICHESTER, in this my Will, are by me meant and intended to be in full and final bar of her Dower in any species of my Estate, both real and personal
Item. my Will is that my Crop which may and shall be commenced previous to the time of my death shall be continued and carried on by my Executors in the same manner as I could land should do were I living; without any change or interruption of the slaves &c., placed and left by me on the different plantations untill the said crop is finished, then I devise the said crop of every species that may be to spare from the necessary support of my family, together with all other tobacco, wheat and Indian Corn, that I may leave on hand for sale at the time of my death, to be sold by my Executors for money at the discretion of my said Executors and the money arising from the sales thereof together with what money I may leave in the House and at the time of my death, and all the Debts tht shall be due me by Bill bond or open a/c. or otherwise (except the Three hundred pounds Virginia Currency due me from JOSEPH RIDDLE of the Town of ALEXANDRIA and JAMES DALL of the Town of BALTIMORE in the State of MARYLAND, as pr. mortgage duly recorded among the records of the said County of Fairfax), be applied by my said Executors to the discharge of all my just debts and the residue of said monies (if any there be) after discharging all my just debts and funeral expences, I give and bequeath unto my beloved Wife, SARAH CHICHESTER, to make use and dispoe of as she may in her own Judgment think proper and most consistent with her duty, My will is that my said beloved Wife, SARAH CHICHESTER, furnish out of my estate each of my Children, to wit, RICHARD McCARTY. DANIEL McCARTY, DODDRIDGE PITT, SARAH McCARTY, SINAH ELLEN and MARY SYMS, and my three Sisters in Law, Miss MARY McCARTY, MRS. SARAH WAGENER and MRS. ANN McCLENACHAN each with a plain mourning ring (if acceptable to them) in memory of the giver, My will is that my said beloved Wife, SARAH CHICHESTER, have the disposal of my wearing apparel, the use of all the iron and steel that I may leave on hand at the time of my death, with all my Smiths Tools, Still. Wheat Fan & Bags to her own benefit as she may think proper,
Item. I give and bequeath unto my Son, DANIEL McCARTY, the aforementioned three hundred pounds Virginia currency that is due me and for which I have a Mortgage on a Lott of Ground in the Town of ALEXANDRIA; duly recorded among the records of the County of Fairfax, from Mr. JOSEPH RIDDLE of said Town of ALEXANDRIA and Mr. JAMES DALL of the Town of BALTIMORE in the State of MARYLAND. I give and bequeath unto my Son, DANIEL McCARTY the following books, My old Family Bible, the Universal Traveler written by J. CARNES Esqr., the New Virginia Justice written by Mr. WILLIAM WALLER HENING, and my Physic Book that I purchased of MRS. MORGAN. I give unto my Son, DODDRIDGE PM, the following books, Motherby Dictionary, Endenborough Dispensatory and the Revd, WM. BARTLATTs Exposition on the New Testament, also the Conductor Generalis or the Office Duty and authority of Justices of the Peace &c,, unto my beloved Wife, SARAH CHICHESTER all my other books (except those before given to my Sons, DANIEL McCARTY and DODDRIDGE PITT),
Item. I do hereby confirm unto my Daughter, MARY SYMS, the gift of a tract of land to be purchased by her Husband, (Mr. BERNARD HOOE JUNR.) for which purchase I have put into the hands of her said Husband the sum of Five hundred pounds current money of Virginia in Gold and Silver, And upon her death, I give and confirm the same unto the Children upon the contingencies expressed in a Bond from said Mr. BERNARD HOOE JUNR. (Husband to my Daughter, MARY SYMS) to me in trust for his said Wife and Children bearing date the tenth of November Anno Dom. 1791, according to the tenor and true intent and meaning thereof; I devise unto my beloved Wife, SARAH CHICHESTER, theuse of all my lands situate lying and being in County of NORTHUMBERLAND on the Waters of GREAT WICOMOCO containing about (blank) acres more or less for and during the term of her remaining my Widow and no longer, & upon he second marriage or death which soever shall first happen, I give and bequeath unto my Son, DODDRIDGE PITT, all the said land situate lying and being in said County of NORTHUMBERLAND on the waters of GREAT WICOMOCO containing about (blank) acres more or less to him his heirs and assigns forever,
Item, I give and bequeath unto my Executors hereafter to be named full and complete power and absolute authority to sell and dispose of my lott of Ground in the Town of COLCHESTER with all its appurtenances (provided they shall find the other funds herein before appropriated to the discharge of my just debts insufficient for the purpose), for money, also to be applied to the discharge of my debts and the residue (if any) after discharging all my just debts and funeral expences I give and bequeath unto my beloved Wife, SARAH CHICHESTER, to dispose of as she may think proper; But if my said Executors (on whom I can depend to do the family justice) should find it unnecessary to sell my said loft of Ground in COLCHESTER, for the payment of my debts, and that the other funds herein before appropriated for that purpose is sufficient, Then in that case I give and bequeath unto my Son, DANIEL McCARTY, my said lott of Ground in the Town of COLCHESTER with all its appurtenances to him his heirs and assigns forever;
Item and bequeath all the residue of my estate both real and personal (except what I have heretofore and shall hereafter in this my Will specifically bequeath unto my beloved Wife, SARAH CHICHESTER, and any one or more of my Children, (if any there be) to all my Children to wit, RICHARD McCARTY, DANIEL McCARTY, DODDRIDGE PITT, SARAH McCARTY, SINAH ELLEN and MARY SYMS, to them their heirs and assigns respectively to be equally divided, meaning in this clause all possible devisable property which may be in me nor herein before bequeathed, tho I am not conscious of possessing any such property either from forgetfulness from the deficiency of understanding the legal effect of the words I have use or from any other cause:
Item. I do hereby constitute and appoint my beloved Wife, SARAH CHICHESTER, whole and entire Executrix of this my last Will and Testament, which I do declare this to be, revoking all other former Wills as if they had never been made; In Witness whereof I have hereunto set my hand and affixed my seal on this 10th day of October Anno Dom 1793,
Signed Sealed and published in the presence of us
WILLIAM HORS, RICHARD CHICHESTER
MARY McCARTY, DAVID DOWNTON
A Codicil to this my last Will and Testament
Whereas it occurs to my mind that it may so happen that some of the slaves I have in my Will bequeathed or devised unto my beloved Wife, SARAH CHICHESTER, may be induced to run away from her service in order to perplex and distress her my said Wife, Therefore to prevent such an evil, I do then in that case give and bequeathuyn unto my said beloved Wife, full and complete power and absolute authority to sell and dispose of any and every one of said slaves that may or shall violate the Laws of the land and their duty in so running away, and absconding from the service of my said Wife to the disquietude of her mind &c„ to any person or to any part of the world, that she my said Wife, SARAH CHICHESTER, may and shall think proper at her own discretion; And to make use of the money arising from the sale or sales of any such slave or slaves in what manner she may think proper and most consistent with her duty; In Witness whereof I have hereunto set my hand and affixed my Seal this 10th day of October Anno Dom: 1793
Witness WILLIAM HORE, RICHARD CHICHESTER
MARY McCARTY, DAVID DOWNTON
At a Court held for Fairfax County the 19th day of Septr. 1796
The aforegoing last Will and Testament of RICHARD CHICHESTER deceased was presented in Court by SARAH CHICHESTER. Executrix therein named, who made Oath thereto and the same together with the Codicil annexed was proven by the Oaths of WM. HORE and DAVID DOWNTON, and ordered to be recorded; And the said Executrix having performed what is usual in such cases, Certificate is granted her for obtaining a probate thereof in due form
Test P. WAGENER, CI Cur
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1794-1798 Fairfax County, Virginia, Will Book G; [Antient Press]; Page 212-213
KNOW ALL MEN by these presents that we SARAH CHICHESTER, THOMPSON MASON and DODDRIDGE P. CHICHESTER are held and firmly bound unto CHARLES LITTLE, GEORGE MINOR, ROGER WEST, RICHARD RATCLIFF and GEO: SUMMERS Gentlemen, Justices of the County Court of Fairfax now sitting in the sum of Twenty thousand pounds current money to the payment whereof well and truly to be made we bind ourselves our heirs firm.
THE CONDITION of the above obligation is such that if SARAH CHICHESTER, Executrix of the last Will and Testament of RICHARD CHICHESTER deceased, do make a true & perfect Inventory of all the goods chattels and credits of said deceased, and the same so made do exhibit in the County Court of Fairfax at such time as she shall be thereto required by said Court, And the same goods chattels and credits of the said deceased do well and truly administer according to Law, And do make a just and true account of her actin gs and doings therein when thereto required by said Court, and farther do well & truly pay and deliver all the legacies contained and specified in the said Will as far as said goods chattels and credits will extend according to the true value thereof and the Law shall charge her, Then this obligation to be void or else to remain in full force
Sealed & Delivered in presence of SARAH CHICHESTER
(no witnesses shown) THOMPSON MASON
DODDRIDGE P. CHICHESTER At a Court held for Fairfax County the 19th September 1796
This Bond was acknowledged by SARAH CHICHESTER, THOMSON MASON and DODDRIDGE PITT CHICHESTER to be their act and deed which is ordered to be recorded
Test P. WAGENER, Cl Cur
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The following is a list of slaveholders in 1782 in Fauquier County VA, with the number each owned:
Richard Chichester -45
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1653-1800 Lancaster County, Virginia Wills [Ida J. Lee];
CHICHESTER, Richard. Will. 16 May 1743. Rec. 10 Aug. 1744. Wife Ellen; Sons: Richard and John; Daughters: Elizabeth, Ellen, Mary and Hannah. Mentions estate in England. Extrs. Wife Ellen, son John; friends: Jesse Ball, Robt. Mitchell and Jos. Carter, Amy Carter, Gawin Lowry, Michael Dillon. W.B. 14, Page 29.
Record 10 Mch. 1748 of settlement of estate. Mr. Wm. Downman's part in right of his wife Ellen, widow of sd. Richard. W.B. 14, Page 232.
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Richard Chichester (c.1736--1796), son of Richard Chichester (d. 1743) and Ellen Ball Chichester of Lancaster County, was, through his mother, a distant relation of George Washington. He inherited his father’s plantation, Fairweathers, and in 1759 married Anne Gordon (1743--1765) [portrait of Anne Gordon] of Lancaster County. Shortly after Ann’s death he moved from Lancaster to Fauquier County and married Sarah McCarty (d. 1826), daughter of his cousin Capt. Daniel McCarty of Mount Air. In 1774 Chichester bought land on Accotink Creek in Fairfax County, near McCarty’s home and settled there with his family for the rest of his life.
(HAYDEN, 106--7; deed of Richard Watts to Chichester, 6 Dec. 1774, Fairfax County Deeds, Book M-1, 28--32, Vi Microfilm).
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VIRGINIA GLEANINGS IN ENGLAND; The Virginia Magazine of History and Biography, Page 349; RICHARD CHICHESTER [late of Virginia beyond seas, deceased-Probate Act]. Will 16 May, 1743; proved 15 March, 1745-6.
To Wife Ellen Chichester my Negro Wench, Barbara and Molatto Girl Hannah, with their Increase, and my Negro Boy Prince, likewise my Chair and Sorrel Horses belonging to it, and my Horse Rover, and her Saddle and Furniture. Also to my wife £500 Sterling out of Estate in England, also use of Plantations where I live known by name of "Fairweathers" with Stocks, use of eight working Negroes during widowhood, and after her marriage or death, said Plantations, &c., to Son Richard Chichester. To Son John Chichester my Plantation in Lancaster County, known by the Name of " Newsoms" and six good Negroes, Stock, &c.
To my four Daughters, Elizabeth, Ellen, Mary, and Hannah, each £500 sterling at marriage or age of 21, &c., also to each a Negroe to wait on them.
To Son John Chichester Black Stone Horse called "Potomack" and my big Grey Colt " Jugler" (or Ingler), Household goods in England to Sons John and Richard. All Plate, Rings, Clocks, Jewels, &c. in England or Virginia to wife and children.
If wife with child, and a son to him at 21 £1,000, and if a daughter £500, &c.
To son Richard Chichester £500 sterling out of Estate in England,
to Son John Chichester, all Estate, real and personal, in England.
To Son Richard Chichester all Land, Negroes, &c. in Virginia not disposed of, &c.
To son John Chichester his Estate at 21.
Executtrix: Wife Ellen Chichester.
Executor: Son John Chichester.
Trustees: Joseph Carter, Robert Mitchell, and Joss. Ball, Gentlemen, to manage for sons John and Richard Chichester.
Witnesses: Joseph Carter, Ann Carter, Gawen Lawry, Michael Dillon. Proved in Prerogative Court of Canterbury by John Tucker and Richard Tucker, Esqrs., Attorneys for Ellen Chichester, widow, mother of John Chichester, a minor, till of age.
Administration 28 May 1763 to Richard Chichester brother and one of the
executors of John Chichester, deceased, the son and executor of said Richard Chichester late of Virginia deceased, the wife Ellen Chichester having formerly renounced and said John surviving the testator but himself dying before taken as executor and the grant to Richard Tucker and John Tucker expiring by reason of John attaining 17 years. Administration 9 June, 1803 of Richard Chichester of Virginia, deceased,
to William Murdock, as to administration (with will annexed) of the son John Chichester, deceased, as to goods left unadministered by his brother Richard Chichester, also deceased, for use of Sarah Chichester, Widow, relict and executrix of will of said Richard Chichester, now residing in the County of Fairfax in the Commonwealth of Virginia in the United States of America, Ellen Chichester, widow, having formerly
deceased, and administration to Richard Tucker and John Tucker, Esqrs. having ceased by John Chichester having attained seventeen years, &c.
Edmunds, 79.
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1653-1800 Lancaster County, Virginia Wills [Ida J. Lee];
CHICHESTER, John. Will. 14 Sept. 1753. Rec. 15 March 1754. Wife Jean, plantation I now live on. Dau. Mary Chichester; brother Richard Chichester, four sisters, Elizabeth, Ellen, Mary and Hannah. Brother Rawleigh Downman; Miss Elizabeth Griffin. Extrs. James Ball, Jr., Richd. Chichester. No witnesses. W.B. 15, Page 168.
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Northern Neck Warrants and Surveys Vol IV, Fairfax Co. Va {Peggy Joyner}
MR RICHARD CHICHESTER, 23 Oct. 1773 -17 June 1774; 5 a. on Long br of Accotink & Holm's Run; adj. his own purchd of Richd Watts, Ravensworth, Summers, Jeremiah Williams, Benja Moody, Joseph Cottrel. CC Edward Grimes & Wm Humphrey. Surv. Tomazin Ellzey. 16 Mar. 1775- I survd for Sampson Cockrill not knowing of this wart. (Hough)
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
Abt 1736 - 1796 (~ 60 years)