LOUDOUN COUNTY – WILL OF WILLIAM HOUGH ~ 1813 Transcribed and submitted by Bronwen Souders, Souders_J@mediasoft.net, co-chair education committee, Waterford Foundation, May 26, 1997. ******************************************************************************** USGENWEB ARCHIVES(tm) NOTICE All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ******************************************************************************** Will of William Hough Written 8 Aug 1813 Probated 13 Mar 1815 found in Loudoun Co., VA Will Book "L", pg. 129-138. ********* I William Hough of the County of Loudoun, Commonwealth of Virginia being of sound disposing mind and memory do make and ordain this my last will and testaments hereby revoking all other wills by me made theretofore Impremise I direct that all my just debts be paid 1 Item I give and bequeath unto my beloved wife Eleanor the use of my mansion house kitchen and necessary out houses garden room etc Until my son Amasa may marry or otherwise settle himself. Preserving nevertheless to my said wife afterwards during her natural life if she should want still to keep house the choice of a room or two if she should want them and any other necessary privilege that she may stand in need of I also give her a choice of the best bed and furniture her choice of one of the best cows six chares [sic] two tables her choice a set of tea ware and tea spoons her choice a set of plates and as much of the kitchen furniture as she may necessarily stand in need of The Case of draws and any other necessary furniture she may stand in need of to render her life comfortable I also give her the carriage and implements thereto belonging so long as she may be able to ride in it and after to be sold by my executors and the money to be applied for the use of the estate I also give my beloved wife the sum of one hundred dollars annually during her natural life to be paid as hereafter directed in this Instrument Item 2nd I give and bequeath to my son John the Plantation whereon he now lives during his natural life and afterwards to descend to all his surviving children to them their heirs and assigns forever share and share alike the Land and Plantation aforesaid I have heretofore marked the dividing lines through the original tract I intended to be bequeathed to my said son John and his children and my son William the said tract now bequeathed contains about two hundred acres more or less Item 3rd I give and bequeath to my son Thomas the tract of land whereon he now lives as I have heretofore marked the division lines through the unequal tract purchased of James Ball between my said son Thomas and my son Samuel I also give to my said son Thomas all the land on the east side of the road leading from Waterford to Nolands Ferry which I purchase of Hague's Extrs (containing ten? acres more or less all the above devise of land I give to my said son Thomas during his natural life and after his death to descend to all his surviving children born in wedlock share and share alike to them heirs and assigns forever [this land is immediately east of the present Waterford School at the corner of route 662 with 666. John Divine was always amused by the cautionary phrase "surviving children born in wedlock"--BCS] Item 4th I give and bequeath to my son William his heirs and assigns forever the tract of land he now lives on and joins the land of Isaac Steer, O/G? Gregg, Lydia Hough, Jacob Wine, Jos. Poston? and through the original tract as I have heretofore marked the dividing lines between him and my son John the said tract now devised contains two hundred and seventy odd acres and whereas there is considerably more valuable land and other conveniences on his demise that most of my other children my Will is and he is hereby bound if he keeps all the land and promises to pay the sum of one thousand dollars to be discharged in the following manner Viz one hundred dollars annually to be paid to his mother during her life towards her support and at her death whatever remaining balance there may remain unpaid together with legal interest thereon from and after my decease to be paid to my daughter Eleanor and my granddaughter Sarah Eleanor Thompson when she arrive at the age of eighteen share and share alike a above- mentioned sum or otherwise so much of the last may be send? by my executors as shall discharge the same to be taken off the tract or any part where it may least injure my said son William or his heirs Item 5th I give and bequeath to my son Benjamin his heirs and assigns forever two hundred acres of land to be taken off the land I now live on it being part of the tract purchased of Hague's Extrs. to be laid off as to include all the land below the run whereon the first Mill stands but so as to leave the principal part of the timber and the Springs on the upper or South side of the Run and a privilege of a watering place to the run opposite the back field that nearly joins the Run forever if required by the owner of the land Southwardly of said run this devise to my said son Benjamin joins the land of Nichols, the heirs of Jesse Taylor and the Land of William Paxson Item 6th I give and bequeath to my son Amasa his heirs and assigns forever all the residue of the land I purchased of the Exors of Francis Hague except the lot where his son Joseph now decd. tanyard is which contains five acres [the land at the end of present Bond street that includes the whole little valley] which I shall bequest to his two sons hereafter Washington and Peyton I also except the houses and lot where my son-in-law Daniel Stone lives in the town of Waterford and the lots laid off in Waterford between Talbotts and where the head crosses the run leading to Fairfax Meeting house eight lots including the Lotts I sold to said Talbott each lot being forty feet front and extending back one hundred and twenty feet also about ten acres on the east side of the road leading to Nolands Ferry already bequeathed to my son Thomas and his children. Item 7 I give and bequeath to my son Samuel his heirs and assigns forever the residue of the land I purchased of James Ball except that part of the tract I have already devised to my son Thomas and his children joining the lands of Mahlon Janney decd. Patrick McHolland [sic] Colwell [sic] then through the entire [sic] tract as I heretofore marked and bounded the lines between my son Thos and my said son Samuel be the same more or less to him his heirs and assigns forever Item 8 I give and bequeath to my son-in-law John Schooley and Elizabeth his wife during their natural life the plantation and tract of land I purchased of the executor of John Hanvey Decd. and whereon my said son-in-law now lives containing by a survey made one hundred and fifty four and an acres [sic] now my will is that at the death of my said son-in-law and my daughter Elizabeth his wife that the said land and premises descend to all the children of my said daughter Elizabeth share and share alike to them their heirs and assigns forever Item 9 I give and bequeath to my son-in-law Daniel Stone and Sarah his wife the house and lot in the town of Waterford where they now live [this is present "Hillside" on the n/western part of Bond street--BCSouders] together with the use of the stable my said son-in-law built off said lot so long as they may live there they now do I also give and bequeath to my said son-in-law and Sarah his wife a lot or tract of land near Balls Mill commonly called the Fairfax lot and joins the land of Peter Hickman, John Martin Comfer and Ball said tract contains about ninety eight acres more or less I also give to my son-in-law and Sarah his wife one of the timber lots I and Moore and Philips purchased of Mahlon Roach on the side of the Short Hill each lot contains between twenty and thirty acres there being four in number in the partnership purchase and are to be divided so as to be of equal value that is to say two lots to myself and two to Moore and Phillips my will is that there likewise be an equal division between my said son-in-law and Sarah his wife of my two lots between then and my daughter Eleanor to whom I shall hereafter Bequeath one of the said lots now it is the true intent and meaning of my will that all my Bequests made to my said son-in- law Daniel Stone and Sarah his wife as it respects lands are during their natural life and after their death I do hereby devise and bequeath that the whole of the property descend to all the surviving children of my said daughter Sarah Stone share and share alike to them their heirs and assigns forever Item 10 I give and bequeath to my daughter Eleanor her heirs and assigns forever a lot of tract of land near Ball and Shaffers Mills commonly called the Tankerfield Lot and contains 96 acres more or less said tract joins to land I have bequeathed to my son-in-law Daniel Stone and Sarah his wife also Shaffers Mill Lott and others I also give and bequeath to my said daughter Eleanor to her her heirs and assigns forever one of the lots of land on the side of the Short Hill I purchased of Mahlon Roach the said lot contains between twenty and thirty acres and whereas my part of the said lot was not yet being divided between Moore and Phillips who is to have two of the four timber lots in equal value with my part now my will is that my daughter Eleanor have an equitable division of my two aforesaid lots between my said son-in-law Daniel Stone and Sarah his wife to whom I have heretofore bequeathed of said lots Item 11 Whereas I have a lot in the town of Alexandria on Saint Asaf [sic] Street which I purchased of Steward and have since purchased the ground rent of Patton and Bucher and have a full clarance [sic] deed for the same my will is that my executors hereafter to be named do sell the said lot of the best price that can be had and the money arising from the sale to be applied towards discharging my debts if wanted for that purpose and whereas I have share?? lots on Alexandria on King Street which I purchased of Doct. Stephen Cook under ground rent forever amounting to five hundred and thirteen dollars and some cents in quarterly payments will appear by Cook's deed to me I do hereby direct my Exrs. to receive the said rents as they become due and apply the money towards the payments of my just debts if necessarily wanted for that purpose but they are not to apply the money arising from the said ground rents for more than three years nor that long if they can sell so much of my back lands as will discharge my debts before that time I have ten acres of land on the Kittoctin Mountain a reserved out of the upper end of the land I purchased of the Extrs. of Israel Thompson and a part of said Land I sold to Hugh Douglass and deed the whole to him and took his obligation to make me a deed for the aforesaid ten acres from the upper corner on the mountain and be laid off on the outlines joining Colwells [this is surely Joseph Caldwell--BCSouders] McGeath's land equal distances on both their lines to as to include ten acres with a strait line through the tracts it includes the road leading from Waterford to the Limestone Mills my will is that the afsd. ten acres be sold by my executors for the best price that can be had either at public or private sale and oblige Hugh Douglass to make a good deed to the purchaser agreeable to his before mentioned written obligation and the money arising from the sale to be applied to the discharge of my debts if necessary and whereas I have between five and six sections of land in the state of Ohio as will appear by patents now in my possession together with Mills on Wheeling Creek on part of the afsd. land my will is that the mills together with one or two quarter sections of land be sold by my executors for the best price than can be had and if any part of the money arising from the sale be wanting in the discharge of my just debts to be applied accordingly if not wanted for that purpose to be applied as herein afterwards directed I think the Wheeling Mills with one quarter section of land if in the present Repair (well and ought) to sell for five thousand dollars in my judgment Item 12 Whereas my son Joseph is deceased and has left I you [sic?] Viz two sons and one daughter, (namely Washington, Peyton and Nancy) I give and bequeath unto my two said grandsons Washington and Peyton the tanyard where their father Joseph Hough formerly occupied together with five acres of land to be laid off nearly as followeth: Beginning at a large box oak standing just above the lott of Benjamin Purdom decd. and close by dividing fence between my field and pasture lot running thence with said field fence eastwardly so as to take app the land my said son Joseph cleared and former occupied to where the tanyard fence joins my field fence then southwardly with the said tanyard fence so as to include the same to the corner thereof by a small run that runs through said lott hence a corner that may include the five acres when joined to the town lotts then northwardly with the town lots and Asa Moores' line of Purdoms lot to his corner and from thence to the before mentioned box oak tree This bequest I do make to my said grandsons their heirs and assigns forever I also give and bequeath to my said grandsons and their sister Nancy the sons and daughter of my son Joseph one half section of land situate in Belmont County on Mr. MacKings (McKenzie?) Creek in the state of Ohio it being one undivided section to one half belonging Moore and Philips and the other half to me and patented to the said Philips I have his obligation to make me my heirs and assigns a good deed for the one half of the said section of land of equal quality to the other to be judiciously divided between us my part will contain three hundred and fifty odd acres this last mentioned devise I give to my said three grandchildren to them their heirs and assigns forever share and share alike Item 13 I give and bequeath to my granddaughter Sarah Eleanor Thompson the only child by my daughter Nancy and Israel Thompson both deceased I do hereby bequeath to my said granddaughter Sarah Eleanor one quarter section of land in Belmont County State of Ohio situate on both sides of McMachins Creek it being the northeast quarter of section No 30 in township No. 6 of Ranger No 4 and containing one hundred and fifty four acres the said land to be rented or leased by my executors or by them procured to be done and whatever profits may accrue from said land to apply towards her bringup and education I also give and bequeath to my said granddaughter the sum of one hundred pounds to be paid to her when she arrive at the age of eighteen years by my executors out of any money that may be in their hands together with legal interest thereon yearly and every year after my decease to be applied towards her maintenance and should my said granddaughter not live to lawfull age my will is that my executors so sell the afrsd. quarter section of land I have bequeathed to my said granddaughter for the best price that can be had a divide the money between all her male first cousins my grandchildren share and share alike and in like manner shall she not lived to mature age my will is that the hundred pounds bequeathed to her be equally divided between all her female first cousins my grandchildren share and share alike and whereas I have not bequeathed a proportionable value of property to my daughter Eleanor heretofore I further do now bequeath to my said daughter the sum of one thousand dollars out of any money that can be best spared so as to be paid at least within three years after my decease. Should there not be a sufficient sum in the hands of my executors to discharge the same they are hereby authorised [sic] to sell so much of my Ohio lands as shall discharge the same or take a part of my Alexandria ground rent if no other means can be devised to procure the same if it cannot possibly be obtained within the space of three years she is to have interest on that sum until paid I also give to said daughter one feather bed and furniture a bureau six chairs of such sort as her other sisters had and other utensils towards housekeeping equal to what her sisters had when married this I leave for her mother to do and whereas I have bequeathed property of more value to my son Amasa than to some of the rest of my children it is my will and he is hereby enjoined to pay the sum of fifty dollars annually to his mother during her natural life towards her maintenance should he neglect to perform the payment thereof my will is that my Exrs do rent out so much of the land bequeathed to him in any part where it will least incommode my said son's farm bequeathed to him My will is that my dear wife live with my son Amasa and I do request that he pay due attention in rendering her life every way comfortable and that he and my son Benjamin furnish her with provisions of all kinds which she may stand in need of during her natural life each a proportionable part If either of my said sons failing to perform that duty I do authorize my executors to rend so much of their property I have bequeathed to them as shall support her comfortably and whereas the fulling mill stands on the land bequeathed to my son Benjamin and the dam and part of the race is on the land bequeathed to my son Amasa it is my will that they have an equal share of the profits thereof while it be kept up being desirous that all my just debts I have not fully left sufficient funds to discharge them my will is that my executors sell any part of my Ohio lands not heretofore bequeathed to discharge my debts and legacies left to be paid and all my remaining land both in Ohio and elsewhere except the lotts laid off in Waterford which are to be sold for the payment of an necessary debt or legacy I bequeath to my children and grandchildren namely to all the children of my son John male and female one share and to all the children of my son Thomas male and female one share and to my son William one share and to my son Benjamin one share and to my son Amasa one share likewise to my daughter Elizabeth Schooley's children male and female one share to Sarah Stone's children male and female one share and to my daughter Eleanor one share to my deceased son Joseph's children namely Washington Peyton Nancy one half share among them all and to my granddaughter Sarah Eleanor Thompson the only child of my daughter Nancy one half share the above bequeathed to my children and grandchildren I make to them their heirs and assigns forever and to my son Samuel and his children male and female one share it is my will that when all my debts and legacies be paid that all the remaining part of my estate of whatsoever sort be divided in the following manner Viz to my son John and his children one share to my son Thomas and his children one share to my son William one share to my son Benjamin one share to my son Amasa one share to my son-in law John Schooley and his wife Elizabeth one half share to be equally divided between my said daughter Elizabeth Schooley's children to [sic] my daughter Sarah and Daniel Stone her husband one half share and to all my daughter Sarah Stone's children one half share to be divided among them and to my daughter Eleanor one share to my granddaughter Sarah Eleanor Thompson one half share to my son Joseph Decd. his child [sic] namely Washington Peyton and Nancy one half share to be divided equally among them and whereas I have not heretofore particularly directed in of my personal moveable property my will is that all be sold by my executors except such parts as I have already bequeathed and do now bequeath that is to say one horse named Jack for the use of my wife which my son Amasa may keep and use when she does not want him providing he find another horse when she wants to ride in the carriage I give and bequeath to each of my sons Benjamin and Amasa one feather bed and furniture of such sort their mother may choose for them and lastly I nominate and appoint my sons William, Benjamin and Amasa my sons-in-law Daniel Stone and John Schooley executors to this my last will and testament and do hereby direct that they or any two of them make conveyances for any property I have directed to be sold in as full a manner as executors are generally authorized to execute In testimony whereof I have hereunto set my hand and seal this sixth day of the eighth month one thousand eight hundred and thirteen. Signed sealed and delivered by William Hough to be his last will and testament which at his request we have subscribed and witnessed in his presence and in the presence of each other William HOUGH SEAL Asa Moore Sam'l Hough Levi James Joseph Steer John Williams At a court held for Loudoun County the 13th of March 1815 this last will and testament of William Hough was presented to the Court and duly proved by the affirmations of Asa Moore, Saml Hough, Isaac Steer and ordered to be recorded and on the motion of Daniel Stone and John Schooley Wm. H. Hough three of the executors therein named who made affirmation thereto as the law directs and entered into separate bonds and security each in the penalty of ten thousand dollars conditioned as the law directs certificate is granted them for obtaining a probate thereof in due form Teste Chas. Binns SEAL