Augusta County, VA - Will of Francis Donilly, 1761 Transcribed verbatim by Shirley Lillie on June 13 2000 ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** WILL BOOK 3 Page 57-60 IN THE NAME OF GOD AMEN the 19th day of July 1761, I Francis DONILLY of the County of Augusta and Colony of Virginia being sick and weak in Body but of good and sound memory thanks be to Almighty God and calling to remittance the uncertain Estate of this transetory life and that all flesh must yeild to Death when it shall please God to call to make constitute ordain and de-clare this my last will and testament in manner and form following revoking and annulling by these presents all and every Testament and Testamentory Will and wills heretofore by me made and declared either by work or wrighting and this is to be taken only for my last will and Test- ament and none other and first being sorry and penitent from the Bottom of my Heart for my sins Bad I give and Bequeath my soul unto Almighty God my Saviour and redemer in whom and by the Merits of Jesus Christ I trust and believe assuredly to be saved and to have full remission and forgiveness of all my sins and that my soul with my Body at a general day of the resur-rection shall once again with Joy my body be buried in such a a place where it shall please my Executors hereafter-named to appoint and now for the Settling of my temporal estate and such Goods and Chattles and Debts as it hath pleased God for above my servants to bestow upon me I do order give and dispose of the same in manner and form following that is to say first I will and all those Debts and Dues I owe to any manner of person or persons whatsoever shall be well and truly contented and paid or ordained to be paid within Convenient time after my decease by my Executors hereafter named Item I give and bequeath unto Sarah DONELLY my beloved wife and the child she now (?) with the third of my movable and the land I allow to be divided amongst my six sons viz; Samuel Henry Francis William John and James if any of them dies to be devided among the rest-Equally and to Mary DONNELLY my Daughter I allow the same have to keep the Stock and all together and I allow my wife to have the care of the whole whilst they live together and to have the Benefit of the plantation she now lives on for the support of the Family I do app- oint my wife Wm. Sedgerwood and James Callison Executors of my last will & Testament In Witness whereof I have hereunto set my hand & seal the date of Year above written in the presence of Signed Francis DONILLY John Berryhill David Scott Alex McPhatters Arch Armstrong. P.S. They above concerning his wife having the Benefit of the plantation she now lives on was Interlined (sic) after signing by his own desire in the presence of the above Evidency. At a court held for Augusta County August 16 1761 This last will and Testament of Francis DONILLY deceased was proved by oaths of Alexander McPhetters and Arch Armstrong two of the witnesses thereto and ordered to be Recorded and on the motion of Sarah DONILLEY Wm. Ledgerwood an James Callison the Ex. therein named who made oath according to Law Certificate is granted to them for obtaining a probat (sic) thereof in due form they having with Security ordered into Bond. KNOW all men by these presents that we Sarah DONERLY Wm. Ledgerwood and James Callison Thomas Meek & Hugh MARTAIN are held and firmly unto John Buchanan Daniel Smith John Dickenson & Arch Alexander Justices in the commission of the peace for Augusta County for and in behalf and to the sole use and Behoof of the Justices of this County and theirsuccessions in the sum of one hundred pounds be paid to the Justices their Executors Administrators or assigns to the which payment will and truly be made we bind ourselves and every of our heirs Executors or Administrators jointly and severally firmly by these presents seals with our seals dated this 18 day of August Anno Domi 1761. THE CONDITION of the obligation is such that the above bound Sarah DONILLY Wm Ledgerwood James Callison Executors of the last will and Testament of France DONERLY deceased do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits of the Deceased which have or shall come to the hands possession or Knowledge of the said ______ the hands or possession of any other person or persons for them and the same so made do exhibit unto this County Court of Augusta at such time as they shall be thereunto required by the said Court and the same goods Chattels and Credits and all other the goods Chattels and Credits of the said deceased which at any time after shall come to the hands of possession of any other person or persons for them do well and truly administer according to Law and further do make a just and true account of their _____ and doings when thereto required by this Court an also shall well and truly pay and deliver all the legacees contained and specified in the said Testament as far as the goods Chattles and Credits will thereto extend and the Law shall charge them this obligation to be void and of none effect or use to remain in full force and virtue. Sealed & Delivered in the presence of Sarah DONARLY, Wm Ledgerwood, James Callison, Thomas Meek and Hugh Martain. At a Court held for Augusta County August 10 1761 Sarah DONERLY William Ledgerwood, James Callison, with Thomas Meek and Hugh Martain their subscribed acknowledged this their Bond which is ordered to be Recorded.