Loudoun County, Va - Will Book T (partial) ************************************************************************ 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 BENJAMIN JAMES BOOK T PAGES 307-308 1830 - 1831 In the name of God Amen I Benjamin James of the County of Loudoun and state of Virginia being well stricken in years and be infirm of body but, sound mind and memory and calling to mind it is appointed for all men once to die and wishing to continue peace & harmony amongest those that shall survive me and are the heirs of the worldly good with which God has blessed me do make and publish and ordain this my last will and testament in manner and form following viz 1st It is my will and desire that all my just debts shall be punctually paid. 2nd Believing it to be the mutual interest & comfort of my three daughters Elizabeth James, Susan James and Mary James who are deaf and dumb to have their three shares of land comprised in my son David James Share [ it being the wish of each of them ] I therefore give and bequeath unto my Son David James my Mansion House and four hundred acres of land adjoining thereof together with all the appurtenance thereto belonging or in any wise appurtaning Namely all the land on the South side of the of the public road together with the brick thereon and as much on the north side as will make up the above named number of four hundred acres the division line that run parallel with the public road to him and his heirs forever. In which above named Mansion house and four hundred acres of land I give to my three daughters Elizabeth, Susan and Mary an interest in as follows viz I give to each of them or the survivor of them an unquestionable right to live in the house and a reasonable support out of the profits of the place during each of their natural lives and should they or either of them move their residence willingly and of the own choice. They each or the Survivor of them shall have a right to claim of the proceeds of place thirty dollars annually for each of then so removing instead of each their several or individual interest in and to the house and place above named as long as they or either of them lives. 3rd I give and bequeath unto my daughter Icy Foley and Abigail James and my son Aaron James all my land in Loudoun County Virginia [ except the four hundred which I give I have as above given to my son David ] is to be divided amongst them equally according to value. Where as there is now a suit in pending & undetermined at the instance of the heirs of Cocke in the Superior Court of Chancery holden in Winchester and its issue uncertain for a part of the land which I consider to be mine if however any part of the land I now hold should be lost by the above named suit my will is that each of my seven above named children should bear and equal part of the loss to be ascertained by valuation. 4th I give and bequeath unto my two Sons David and Aaron and My daughters Elizabeth, Icy, Susan, Mary and Abigail and my two grand children by my daughter Nancy Redmond all my land in Wood County Virginia to be sold by my executor and the proceeds equally divided amongst them giving one share to my above named Grand Children Andrew J. Redmond and Mary Ann Redmond. 5th I give and bequeath unto my Son David a sorrel mare called Richmond. 6th I give and bequeath unto my seven children namely Elizabeth James, Icy James, Susan James, David James, Mary James, Abigail James and Aaron James to them their heirs or assigns forever all my property both real and personal of every kind and nature whatsoever [ except as before deposed of ] to be sold and divided equally amongst them according to the true interest of my last will and testament. 7th It is my will that two hundred dollars be charged by my executor to my daughter Icy Foley which I consider to be the value of Sundry article given to her at different times. 8th and lastly I do hereby constitute & appoint my son David James to be the only true and law full Executor of this my last will & testament. In witness whereof I have hereunto set my hand and affixed my seal this fifteen day of November Eighteen hundred & thirty. Signed sealed published & delivered by said Benjamin James as his last Benjamin James will & testament in presence of : seal John James Dean James At a Court held for Loudoun County September 12th 1831 this paper purporting to be the last will and testament of Benjamin deceased was presented to the Court and partly proved by the oath of John James one of the subscribing witness there to and ordered to be certified at a Court held for said County October 12th 1831 the same was fully proved by the oath of Dean James another of the subscribing witnesses there to and ordered to be recorded. Teste CBinns C.L.C. Transcribed and Submitted By: Sondra Foley Martin