LOUDOUN COUNTY – WILL OF FRANCIS ELGIN, SR. ~ 1776

Transcribed and provided by Betty Frain, brfrain@erols.com 

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Will of Francis Elgin, Sr. 
signed 19 Dec 1776 
found in Loudoun Co., VA Will Book B, pg. 428-431, including inventory and estate. 


******** 

Be it Known that I Francis Elgin of Loudoun County and Parish of Shelburne in 
Virginia being in a low State of Health but of sound Memory and being desirous 
of settling my Worldly Estate in an Equitable manner and after recommending 
myself to my Redeemer make this my last Will Testament in manner and form 
following, to wit, Imprimis. I desire that all my Just Debts be Satisfied and 
also my funeral expenses – 

First, I Give to my dear and well beloved Wife Rebecca Elgin the use of my 
Estate both real and personal during her natural life in order to enable her the 
better to bring up my Children and support herself and after her Decease my Will 
is following –

Secondly I Give and Devise to my Sons Gustavus Walter and Francis the Lands I 
now am possessed of Loudoun County to be equally divided among them according to 
Quantity and Quality the Eldest to have the first choice.

Thirdly I Give and Devise to my other children, to wit, Elizabeth Ignatius, 
George, Jessey, Nancy, William, Margaret and Rebecca (after the Decease of my 
said Wife) all my Slaves and Personal Estate to be equally divided among them 
and should any of the said Children depart this life without lawfull issue of 
their Bodies then such Child's part to be equally divided among the Survivors 
accepting the first named, to wit, Gustavus, Walter and Francis –

Fourthly But if it should happen that if either or all of my said Sons Gustavus, 
Walter and Francis should depart this life without lawful issue of their Bodies 
that then my Will is that the Lot of Land belonging to such Son shall descend to 
my son Ignatius and in case of his Death to my Son George, and so down in case 
of Death, and if by such means my Sons Ignatius, George etc. should become 
possessed of a part of the Land and another of my Sons should depart this life 
without issue as aforesaid, who by this Will claim a part of the Lands aforesaid 
that such part shall not Decend to him that already has a part better, the 
Eldest Son that has no Land and in which case if either of my Sons Ignatius 
George Jesse and William should become possessed of a part of the Land that then 
such Sons part of the Slaves and personal Estate shall immediately be divided 
among the other children that have no Land left them by this Will.

Fifthly And for the better understanding of this Will my Will ? is that no one 
of my Sons shall possess two parts of my Lands before devised while ever there 
be enough alive to keep it in three Divisions and also that no one of my Sons 
who Own a part of my said Lands shall be entitled to any part of the Slaves and 
personal Estate. And I do Constitute and appoint my said Wife, Rebeccah Elgin, 
Executrix and my Son Gustavus to be my Executor of this my last Will and 
Testament revoking all others. In Testimony whereof I have hereunto set my Hand 
this 19th day of December 1776.

Sealed Signed and pronounced 

Francis Elgin (Seal)

by the said Francis Elgin to be his last Will and Testament in presence of..... 

Christian Greenup 
Benjamin Shreve 
Stephen Hurst

In Court held for Loudoun County June the 10th 1782 - This Will was proved by 
the Oath of Benjamin Shreve a Witness thereto and Ordered to be Certified. And 
on the Motion of Rebeccah Elgin and Gustavus Elgin the Executors therein named 
who made Oath according to Law Certificate is granted them for obtaining a 
probate thereof in due form given Security Whereupon the said Rebeccah and 
Gustavus ? John Alexander and Alexander McMahin their Security is entered into 
and acknowledged Bond in the penalty of One thousand pounds conditioned as the 
Law directs. And at another Court held for the said County, to wit, the 12th day 
of August in the Year aforesaid the said Will was fully proved by the Oath of 
Stephen Hurst another Witness thereto and Ordered to be Recorded. Teste Charles 
Binns, Clk. [Note from Betty Frain: Please note the order in which the children 
are listed. This order is always the same, giving us the first hint as to the 
order of birth.] Elgin, Francis et al v. Elgin, Gustavus 1820 Folder M 2653 
Francis Ellgin Walter Ellgin Suit filed 1813 to divide land left by Francis 
Elgin, Sr. to his wife Rebecca in life estate, then to be divided by Francis, 
Walter, and Gustavus. [Note from Betty Frain: In the above will, Francis Sr.'s 
land was to be divided between Gustavus, Walter, and Francis Jr., the oldest to 
have first choice, then the second oldest, the youngest to have the remaining 
1/3. This court case contains a plat of the land showing Gustavus being awarded 
the first choice, Walter the second, and Francis Jr. the third. This gives us 
the birth order, Gustavus, Walter, Francis.]