Bedford County, VA - Will of John Murphy, Sr., 1819 Submitted for use in the USGenWeb Archives by: Orvill Paller, Jr. ************************************************************************ 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 OF JOHN MURPHY SR. OF BEDFORD COUNTY VIRGINIA In the Name of God, Amen, I John Murphy Sen. of Bedford County, Virginia being of sound mind do make my last will and testament as follows: Viz. first, I lend to my beloved Wife during her life the use of all my Cleared lands that is between Mill Creek and the branch that enters into said Creek on the North Side about 20 or 30 rods below our mills including my dwelling house, Kitchen, Smoke House, Corn House and also that timber She may want from the woodland adjacent for firewood fencing etc. excepting the Mill tract of six acres and one square acre wherenow my Son, Pleasants is now building his dwelling house. I also lend to my wife during her life two of my best beds with furniture and one fifth part of my other household and kitchen furniture, also my bay horse called Trojan, two of my best cows and calves, one-third or my sheep, all my hogs and my part which one-eighth of the Grist Mill. I give to my son, John fifty acres of land joining that whereon he now dwells (already Surveyed) to him and his heirs forever beside the fifty acres I have already deeded to my son, James at John’s request and whereas I have my son, John’s notes for $140 which he agreed to pay me for part of said land & have also my son Bennet’s assumpsit for $60 more, I now give the same amounting to $200.00 to my son, John’s two eldest sons, Viz. John and William and do hereby leave it in trust with my son, William to be received and laid out on the purchase of public land in the Indiana or Illinois State and the right and title of the same to created jointly in my said two grandsons, John and William Murphy, the sons of my said son, John. I also give fifty dollars more for the same purpose to be paid by my two sons, Bennett and Pleasants within three years after my decease to my son, William in trust for their use as above-mentioned that is for the benefit of my said two Grand Sons, John and William Murphy. I give my daughter, Betsy Headen one hundred and eighty-four acres of the lands I bought of Richard Kipsie, Pittsylvania to her and her heirs forever; the other one hundred acres of said land I give to my two sons, William and Lewis. As hereafter mentioned I give to my son, Samuel’s children, jointly, the following property: Viz., one half a parcel of land lately surveyed by Jesse Leftwich lying between and partly joining Bennet’s, Uel’s, Rodney Tinsley’s, Wingfield’s, David Howell’s & Supposed to Contain 60 acres in the whole be it more or less. I Give one half thereof to the Children of my Son Samuel in trust with my son, William to be by him Sold for the best price he Can Get and the produce thereof with other moneys hereafter mentioned to be laid out in the purchase of half a Section of Public Land in the Indiana State where my Son Samuel Shall choose and direct, but the right and title in the said land to be vested Jointly in all the Surviving Children of my son, Samuel at the time the said land Shall be paid for and Secured, running it as a home for my son Samuel and his present wife during their lives but the legal title to be in all their Surviving Children Jointly as above. I also give the following Sum of money in trust with my son William for Securing the half Section of Land Viz. R. Tinsley’s and Whetton’s Notes for $274. My Sons Bennett and Pleasant to pay $150 within two years after my decease and Supposing the 30 acres of Land as above mentioned Shall sell for $220 the whole I have Givin (sic) as above will amount to Six hundred and forty dollars which is the price of half a section of the above mentioned 30 acres Should fall Short in Selling for $220 my Son Samuel and his Sons may make out the deficiency if not they must get Less land. I give to my Son William 100 acres of land I bought of John Morely also fifty acres of the land I bought of Richard Kipsie of Pittsylvania which said lands I hereby Give to my Son William and his heirs forever. I Give to my Son Lewis fifty acres of the land I bought of R. Kipsie Pittsylvania to him and his heirs forever. I also Give to my Son Lewis one half a parcel of Land lately Surveyed by Jesse Leftwich Supposed the half to contain thirty acres be it more or less I Give the Said Land to my Son Lewis and his heirs forever. I also Give to my Son Lewis the money due by my Son Pleasants for one eighth part of our saw Mill as A Note for $150 to be paid in five Yearly payments of $30 each the first payment due next May which Said note I have assigned to my Son Lewis. I also give to my Son Lewis $100 to be paid him by my Sons Bennet and Pleasants within two years of my decease it being in part for Land I have Given them as hereafter to be mentioned between the Creeks and I Give to my daughter Polly beside this land and other property already given her one bed and one Cow Having already given to my son James 100 acres of Land on Sandy River and 193 Acres on Mill Creek all of Which he has Sold also horse Saddle and I now Give him one bed and one Cow. I give to my Son Bennet the land lately Surveyed for him by Jesse Leftwich and having Given him Several Years past 100 acres on Sandy River which He then sold. I now Give the land lately Surveyed for him by Said Leftwich about 80 acres be it more or less. I Give Said Land to my Son Bennet and his heirs forever. I also Give to my Son Bennet three fourths of the money for which he Sold my land in Pittsylvania near the oak mountain. I also Give to my Son Bennet one & one Cow beside the land or portion of it hereafter mentioned as Given to him and my Son Pleasants jointly. I Give to my Son Pleasants my land on both Sides of Mill Creek from the foot of the Cedar Cliff on the South Side of Said Creek a straight line to my outside line on the top of the hill thence up said line to Pleasants line and along that to the Mill Creek and crossing the same at the mouth of the branch & up Said branch on Pleasants line to Bennet’s lower Corner on Said branch thence along Bennett’s line off over the ridge and crossing the Mill Road over to the Branch that enters into Mill Creek 20 or thirty Rods below the Mills thence down Said Creek as it meanders to the mouth then crossing Mill Creek and up the Same to the foot of the Cedar Cliff at the beginning. Supposed to Contain 200 acres be it more or less. I Give the Said land to my Son Pleasants and his heirs forever reserving the use of the Cleareds (sic) lands on the north side of Said Mill Creek with the houses and thereon for my wife during her life and also what timber She may want for fire wood and fencing but excepting the mill tract of Six Acres and also one Square acre wherein my Son Pleasants is building his house. I also Give to my Sons Bennett and Pleasants my land on the north side of Goose Creek by deed 15 acres joining Hackworh and Arthur’s land to my land between Goose Creek and Mill Creek from the mouth of Mill Creek down Goose Creek to my lower line and up Mill Creek from the mouth to the Cedar Cliff, also a parcel on the other Side of Mill Creek between the branch and Uel’s line to his Corner R. Oaks outside the woods fence thence along the new line to Bennet’s lower Corner on the branch and down the branch to Mill Creek Supposed to Contain in the whole 80 or 90 acres be it more or less I give the said land to my two Sons Bennett and Pleasants to them and their heirs forever to be equally divided between them on Condition that they Shall pay to my Son William in trust for my Son Samuel’s Children one hundred and fifty dollars within two years after my decease and Shall also pay to my Son Lewis one hundred Dollars with two years after my decease and also pay to my Son William in trust for my Son John’s Sons fifty dollars with three years after my decease but if they refuse to take the land on these terms my will is that the said land Shall be sold by my executors for the best price that Can be Got and two thirds of the produce thereof I Give to be equally divided between my two Sons Bennet and Pleasants and the other third I Give to be divided among my Sons Lewis and my sons John and Samuel’s Children according to the different proportions as above mentioned with the price the land Shall be Sold for I also Give to my Son Pleasants one fourth of the money as produce for which my lands on oak moutain was Sold. I Give to my Son Uel or rather have Given him my Son Pleasants notes for $600 also Cash $140 and I Now Give him two notes due me from my Son Pleasants Jan’y 1820 for $30 each $60 140 each = $800. I also Give to my son Uel the land lately surveyed by Jesse Leftwich Including my princip (sic) apple Orchard and extending from the mouth of Mill Creek up said Creek to a Corner at the foot of a Steep hill thence up said hill and along the ridge to red Oak Corner outside the woods fence and from thence a Straight line to Rodney Timley’s and William’s lines thence along their line to Goose Creek at the mouth of a branch and thence down Goose Creek to the mouth of Mill Creek and Said to Contain 68 acres be it more or less I Give the Said land to my Son Uel and his heirs forever. I also give to my Son Uel my part which is one eight our Saw Mill and at the death of my wife I Give him one eight of the Grist Mill also I Give to my son Uel my Watch and my young Mare Colt also one bed and one Cow and so I have left eighty dollars on my desk to be by my Son William Recd and applyed towards purchasing a quarter Section of Land for my Son Samuel’s children all above that whatever money may remain of mine in the house at my decease exept the eighty and whatever debts may be due or become due to me whatever Stock and furniture tools and may remain at my decease that is not mentioned and disposed off (sic) above is first to pay all my debts and the balance that Shall remain I give it all to be equally divided amongst all my Children (Books excepted) of which my wife is to have an equal share with the Children and whatever may be left at the death of my wife I Give it all to be then equally divided amongst all my children. And, lastly, I hereby Constitute and appoint my four sons William, Bennett, Pleasant, and Uel Murphy to be executors of this my Will hereby Revoking all others. I declare this and no other to be my last Will and Testament as Witness Whereof I have hereunto set my hand and Seal this 24th day of July one thousand eight hundred and nineteen. Sealed and acknowledged by the said Testator to be his last Will in Presence off (sic) John Murphy Sen SEAL Henry W. Franklin } NB Whereas I have Recd and made other use of Fifty dollars of the money Thomas Hogan } due me by Tinsley and Whetten instead of applying it to the purchase of Tarlton W. Franklin } Land for my Son Samuel’s Children I do hereby declare it to be my will that the money due me by my Son Bennet for the hire of my negro boy Ben nine months in the year 1818 and which amounts to $31.50 as also the money due me for my part of Plank and Scanthing sawed at our saw mill and has been Sold amounting to upward of Twenty dollars more bsided paying my part of the Millers wages being in the whole upward of fifty dollars which I desire my Son William to receive and apply it in the purchase of the half section of Land as mentioned in my will above for the benefit of my Son Samuel’s Children and I desire this may be received as authentic and as a Codicil to the above written Will Legend and Sealed with my Seal the day and year above written. At a Court held for Bedford Count At a Court held for Bedford County at the Courthouse the 25th day of October 1819 This last will and testament of John Murphy Sen. Deceased was exhibited in Court and Proven by the Oaths of Henry W. Franklin, Thomas Hogan and Tarlton W. Franklin three Subscribing Witesses and ordered to be ¨Recorded and On the Motion of Bennet, Pleasant and Uel Murphy the executors therein named who made oath and Gave bond and Security according to Law. Certificate is granted them for obtaining a probate thereof in due form. Test, J. Steptoe MBC END OF TRANSCRIPTION I hope that this will help a John Murphy Sr. descendant. The italics word Books in the parenthesised phrase (Books excepted is my interpretation. Another interpretation could be "Blacks excepted." However, neither I nor a great great granddaughterof Bennet Murphy see an "l" in the problem word that could have the word read as "blacks." Sincerely, Orvill Paller, Jr. 4th great grandson-in-law