Caroline Co., Va. WILL OF JOHN ESTES Dated 6 Apr 1778 & Probated May 1778. In the name of God amen I John Estes of the County of Caroline & parish of saint Margerette and being of perfect sences and memory and calling to mind the uncertainty of this Life knowing it is appointed for all men once to die & Being willing to give such worldly good as it hath been pleased the almighty God above my assests to bestow on me do make this my Last will & Testament in manner and form following. I first give my soul to almighty God and my Saviour Jesus Christ who gave it me hoping it may rest with them in eternal Happiness & my body to be decently buried by my executors, My will is tht after my just debts & funeral charges are Paid there being a bargain made between my Loving wife Elizabeth Estes and myself which bargain allows to stand to that is for each to keep their own estate & to claim no part or parcel of any thing belonging to the one or the other any more than is in the bargain or Contract my wife being with Child has agreed to give that Child or Children the sum of ten pounds annually as long as she my wife live the money to be paid every year to my executors she has four negroes if any of them dies before her she is only to Pay in propation at the rates of ten Pounds which money must be put to Interest and when there should be anough to buy a negro girl the executors are to buy one for the child or children & all the money & Interest that comes from her is for the use of the child or children & if the child or children should die before it comes of age or has a lawful heir the money is to return to my wife & that the child or Children is and are to be educated as far as to learn to Read and write and Sypher at the expense of my estate without being charged any thing for it, my wife in her contract gave me a gray mare which mare I lend to her during her natural life but as she is now with fold I do not give or lend that shall is to belong to my estate which mare and her increase is at her death to return to that child or children she is now big with if deliverd to be I the possession of my Executors for the use of my child or children if the said child or children are dead then my wife to keep both mare and increase except the colt she is now with fold I do not give or lend that shall is to be belong to my Estate which mare and her increase is at her death to return to that child or children she is now big with if delivered to be in the possession of my Executors for the use of my child or Children if the said child or children are dead then my wife to keep both mare and increase Except the colt she is now with fold with, also also I lend to my wife the feathe Bed and its furniture we now Lie on during her natural life & that Bed and furniture or as good a one as it is now at her death I give to the child or children she is now with Child with if alive if it is dead it is to return to my estate as to my daughter Elizabeth Durrett I have given a negro girl and her increase to her and her heirs for ever by the name of Lel a bed and furniture a cow big with calf and three head of sheep as to Ann Yates my daughter I have given a negro Girl named Hagar and her increase to her and her heirs for ever a bed and furniture and three head of sheep and a cow calf and all that I have given her and what she is to receive from my estate it is my will that is shall all be equally divided among her heirs Lawfully begotton of her body at to her daughter Mary Butler if she dies without one heir lawfully begotten it is my will that it shall return to her children she has had by Michael Yates as to my son John Estes I have given him a negro fellow by the name of Frank and bed and furniture and a cow big with calf three head of sheep & a horse and saddle. as to my son Marshall Estes I have given him a negro fellow by the name of Bob a bed and furniture a cow big with calf & three head of sheep and a horse and sadle as soon as it can be made convenient and as to my son Thomas Estes I have given him a negro boy by the name of Joe a bed and furniture a cow big with calf three head of sheep a horse by the name of bottom and a saddle and as to my daughter Mary Estes I have given to her a negro Girl by the name of Peggy and her increase to her and her heirs for ever a bed and furniture a cow big with calf three head of sheep as soon as it can be made convenient and as money can be raised it is my desire they shall have one hundred Pounds a piece my six eldest children my three last children by my first wife William Marshall Estes, Littleton Estes and Peter Estes is to be mentioned and educated out of the rest of my Estate withou being Charged any thing for it except my son Peter Estes Hundred pound which is to be laid out for his going to the Latton School and as soon as either of these three children is educated they are to be bound out except Peter Estes who is to be sent to the Latton School if my executors think he will take it if not he is to be bound out after he receives one education neither of these three children is to be bound out if my executors think they are not able to undergo hardships of apprenticeship - after the youngest son of these three come of age It is my will and desire that the remaindor of my estate is to be equally divided among my children then living or their heirs lawfully begotten except my John who is to have only my land that came by my father, and my still after three last children comes of age and it is made use of as the rest of my estate, the one hundred acres of Land that I bought of Thomas Bancks is to be sold at public auction, when the rest of my estate is sold the place of Land obtained of Murphy in the General Court in Halifax County is to be sold by my executors John Estes and half of the money is to go to Peter Rogers and the rest is to be equally as before mentioned, leaving out my son John Estes, when my estate is sold off it is my will and desire that the child or children my present wife Elizabeth Estes is big with to have two hundred pounds current money of Virginia to be paid out of my estate and if in case the child or children should die without one heir the whole I give to the child or children to return and to be equally divided among the rest of my children my will and desire is that my son John Estes is to remain on the plantation where he now lives to take care of estate till such time as my youngest child comes of age and to work both plantations for the use of both my children and to work his own lands upon the same and to receive such a part of the crops that is made for looking after it. And lastly I appoint my son John Estes and my son in Law George Durrett to be my executors of this my last will and testament dis annulling all others wills heretofore made. Given under my hand and seal in the year of our Lord one thousand and seven hundred and seventy eight being the 6th day of April John Estes {seal} Signed sealed in the presence of us William Yates George Yates Nancy Estes Elizabeth X Davis At a court Holden for caroline county on Thursday the (blank) day of May 1778 This will was proven by the oaths of William Yates and George Yates & ordered to be recorded on motion of John Estes who having taken the oath prescribed by Law certificate is granted to him the oath prescribed by Law certificate is granted him for obtaining a probate thereof bond acknowledged and ordered to be recorded At July Court following the said Will was further proved by the oath of Elizabeth Davis. Teste William Nelson Clerk File contributed for use in USGenWeb Archives by: Anne R. 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