FAIRFAX COUNTY, VA - WILLS - William Berkley, 5 Nov 1761 ----¤¤¤---- WILL BOOK B P. 309-315 Dated 5Nov., 1761. Rec. 16 Feb., 1762. In the name of God, Amen I William Berkley of Fairfax County in Virginia being Weake of body but of Sound and perfect memory blessed be God for it do declare this to be My Last will and Testament in manner following. Imprimis I give and bequeath my soul to almighty God who gave it me in certain hopes of a blessed Salvation and my body tothe earth to be buried at the discretion of my Executors hereafter [310] Mentioned and as for my worldly estate which it hath pleased God to bless me withall I give and bequeath as followith. Item I give unto my loving wife Elizabeth a negro woman named Sarah during the natural life of of my said Wife and the heir of her body forever. Likewise I give unto my wife one horse called Camiel also the plantation whereon I now live with her choice of one third of all the household Furniture plantation Utencials stock of other horses hogs Cattle and sheep now belonging to me and upon the plantation where I now Live also one third part of all the Ready money or debts that shall be found due or belonging to me after my Debts are paid and paying unto my Daughter Katherine Connell one pound thirteen shillings and four pence Current money of Virginia. Item my will is that a negro man named Frank now beonging to me shall not be sold or maid a slave unto any person or persons whatsoever upon the following Conditions only the said negro Frank shall pay in three years time after my Decease unto my executors the sum of Sixty five pounds current money of Virginia and ten pounds Like money yearly and each year and that for the full and Compleat term of Seventeen years succeeding the first three years after my decease and if it should please God to prolong the said negro Franks life my will is that he shall pay unto my said Executors five pounds like money yearly and each year and that for the space of Five years after the expiration of the above mentioned Twenty years and if the Life of the said Negro should be further prolong'd then the said Frank shall pay unto my Executors their heirs &c. the sum of Five shillings Like money yearly and each year during the Remaining part of his Life all which respective sums he the said Frank shall pay unto my said Executors Administrators or [311] Assigns otherwise my said Executors or their heirs &c. shall hereby have full power and Authority to hire and dispose of the said Negro by sale or otherwise as they in their Discretion shall think proper untill the said Frank shall comply with this my will and the money arising therefrom to be paid unto the following Legatees Item I give unto my son Benjamin Berkley Fifty pounds Current money to be paid him by my Executors in three years time out of the first money they shall receive of negro Frank which....sum of Fifty pounds I give unto him the said Benjamin & his heirs forever. Item I give unto my son William Berkley Five pounds current money yearly and each year and that for the Space of Twenty years to be paid him his heirs &c. by my said Executors out of the money they shall receive of said Frank after Benjamin Berkley is paid I Likewise give unto my son William Berkley all my waring apparel except my best suit of Cloths which wearing apparel and Five pounds and that for the Space of Twenty years I give unto him the said William Berkley and to his heirs forever. Item I give unto my Daughter Eleanor Feilds deced or at least to her eldest son John Fields the sum of Twelve Shillngs and six pence Current money to be [paid] by him by my Executors out of the money they shall Receive of negro Frank which Twelve shillings and & pence I give unto the said John and his heirs. Item I give unto my grandson William Fields nineteen pounds Seven Shillings and six pence Current money to be paid him in four years time after he shall come of age out of the money negro Frank shall pay my Executors after the first three years of William [312] Berkleys Salary is paid which said Money I give to the said William Feilds ad his heirs forever. Item I give unto my Grandaughter Jane Burris ten pounds currt. money tobe paid her by my said Executors out of the money they shall receive of negro Frank in two years after William Feilds is paid which Ten pounds I give to her the said Jane and her heirs. Item I give to my Daughter Ann Mason Ten pounds current money to be paid her by my Executors out of the money they shall receive of the said Frank in two years time after Jane Burris is paid which ten pounds I give to the said Ann & her heirs. Item I give unto my Grand Daughter Pege Mason Teen pounds Current money to be paid by her my Executors out of the money they shall receive of the said Frank. In two years after Ann Mason is paid which Teen pounds I give to the said Pege Mason & her heirs. Item I give unto my Grandson George Mason Five pounds Current money to be paid him by my Executors out of the money they shall receive of said Frank In one year after Pege Mason is paid [page torn here; missing word is probably "which"] five pounds I give unto the said George & his heirs. Item I give unto my Grandson Burgess Mason Five pounds Currt. money [to] be paid by him by my....Executors out of the money they shall Receive of said Frank in one year after George Mason is paid which Five pounds I give unto the said Burgess and to his heirs. Item I give unto my Grandson Benjamin [Mason] five pounds Current money to be paid him by my Executors out of the money they shall receive of said Frank in one year after Burgess Mason is paid which Five pounds I give unto the said Benjamin Mason & heirs forever. [313] Item I give unto my Grandson Burgess Berkley to be paid him by my Executors or their heirs &c. all and sundry the sum or sums of Money that shall be paid them or become due by the said Negro Frank during the Remaining part of his life after Benjamin Mason is paid all which sum or sums that may become due or payable from the said Negro Frank I give to the said Burgess & to his heirs. Item I give to my son Samuel Berkley one Negro boy Called George my large Chest and all the Cash that belongs to me with my best suit of wearing Cloaths I Likewise give the said Samuel after the death of his mother Elizabeth the Plantation I give unto the said Samuel and to heirs. Item I give unto my Daughter Ann Berkley one negro boy called James with one third part of all the Household Furniture, Stock upon my plantation Debts or money due & belonging to [me] at the time of my decease after my Lawfull debts are paid & paying out of her third part [page torn about the space of one word] Daughter Catherine Connell one pound thirteen Shillings and [page torn; "four"?] pence current money which said negro boy one third part of household Furniture Stock on the Plantation Debts or money due and belonging to me at the time of my decease I give unto her the said Ann & her heirs forever. Item I give unto my Daughter Allethea Berkley one negro Girl called Jemima with one third part of Household Furniture Stock on the Plantation Debts or money due & belonging to me at the time of my Decease after my Lawfull Debts are paid & paying out of her [314] Third part unto my Daughter Catherine Connell one pound thirteen shillings and four pence Current money which negro Girl one third part of Household Furniture Stock on the Plantation Debts or money due & belonging to me at the time of my decease I give unto the said Allethea Berkley and her heirs forever. Item I give unto my Daughte Catherine Connell Five pounds Current money which is to be paid her by my Wife Elizabeth and Ann & Allethea Berkley as before mentioned which five pounds I give to the said Catherine & her heirs. Item I give unto my son Reuben Berkley one negro man named George he paying Jane Mahoney Fifteen pounds Current money which negro on them Conditions I give to the said Reuben & to his heirs. Item I give unto my Daughter Jane Mahoney the sum of Fifteen ponds current money which is to be paid by Reuben Berkley out of his legacy which Fifteen pounds I give to the said Jane Mahoney & her heirs. Item I give ........to my Daughter Elizabeth Mason one negro Wench called Sarah after the death of her mother Elizabeth Berkley which negro I give to the said Elizabeth Mason after the death of her mother & to her heirs. Item I give to my [son?] Burgess Berkley deced or at least to his heirs the sum of Five Shillings Current money to be paid by my Executors which five Shillings I give to him or they and their heirs. Item my will is that all of the negroes which I have bequeath shall always have Saturday to themselves & they to find them Cloths that is [315] Provided they don't labour on the Sabbath day at no fertile Labour. Item I give to my son John Berkley Fifty Shillings to be paid in two years time out of my Estate. Item & Lastly I ordain & appoint John Berkley Benjamin Mason Benjamin Berkley & Reuben Berkley to be whole & sole Executors of this my las will & Testament & that they shall see division of my Estate made agreeable to this my will in ten days after my Decease. In Witness whereof I have hereunto set my hand and affixed my seal this twenty fifth day of November in the year of our Lord one thousand seven Hundred and Sixty one. Signed & Sealed In Presence of us Wm. Berkley Seal George Hancock Thomas Blinkoe Benja. Mason At a court held for the County of Fairfax 16 February 1762. This will was presented in Court by Benjamin Mason one of the Executors therein named who made oath thereto and the same being proved by the oath of George Hancock and Thomas Blinkoe is ordered to be Recorded and the said Executor having performed what the Laws require a Certificate is granted him for obtaining a Probate thereof in due form. Teste J. Wagener Cl. Cur. ------------------------------------------------------------------ [Note: William Berkley's wife is said to be Elizabeth Hancock, but I have no proof. What relation there may be between him and the family of Governor William Berkley of Va., I also don't know. I'm descended from William Berkley through his daughter Ann, who Married Benjamin Mason. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Ed Dolan edolan@kc.net ___________________________________________________________________