THE WILL of ROBERT GREEN of Culpeper County, Va. compiled by Susanna Thornton Green File submitted for use in the USGenWeb Archives by: Ken Green ************************************************************************ 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 *********************************************************************** Louisville, Ky. Geo. C. Fetter Printing Co. 1895 Reprinted By James W. Green, Orange, Va. 1957 THE WILL OF ROBERT GREEN In the name of God. amen. I, Robert Green of St. Mark's Parish, in the County of Orange and Colony of Virginia, being a little indisposed in body but of perfect sound mind and memory, thanks to God for the same; therefore calling to mind the uncertainty of this life and the certainty of death, and lest death should surprise me before I could state my affairs to my satisfaction, I do make and ordain this my last will and testament in manner and form following: Principally and first of all I recommend my soul to God who gave it, hoping that through the merits and sufferings of my blessed Savior, Jesus Christ, to enjoy everlasting felicity, and my body I commit to the earth, therein to be decently interred at the discretion of my executors hereinafter mentioned. And as for such worldly estate with which it hath pleased God to bless me in this life, I dispose of in the following manner. Imprimis. My will and desire is, that my funeral charges and just debt be first paid and discharged. Secondly. I give to my beloved wife, Eleanor Green, her due share of all my good, chatties and outstanding debts in proportion to the number of my children, and I also leave to my said wife, Eleanor Green, an equal share (in proportion as aforesaid) of the lands which I shall be possessed of at the time of my deceased, during her life. Thirdly. I give and bequeath to my son, William Green, and his heirs and assigns forever, all the remaining part of a tract of land of which I sold part to Martin Nalle, joining to a tract of land patented in my said son's name, also one tract of land containing four hundred acres lying at the foot of Ragged mountain, for which I swapt with my late uncle, Wm. Duff dec'd. One entry of four or five hundred acres of land joining to the same, a warrant from the proprietor's office for which is now in the possession of Mr. James Genn, surveyor. One lot or half acre of land in the town of Falmouth which I bought of Captain Robert Jones, a deed for which is recorded in King George county records. Half a tract of land in Augusta county containing four hundred acres, a plat of which is returned to the secretary's office in the name of Col. James Wood, my part of the rights and secretary's fee I have paid. And one tract of land on which the mountain church stands, commonly called Tennant's old field including Tennant's old house. I also bequeath to my sd. son William, my silver-hilted small sword. Fourthly. I give and bequeath unto my son Robert Green and his heirs and assigns forever, all that tract or tracts of land and plantation on which I live, containing by a late survey twelve hundred and odd acres. A survey lately made by Mr. James Genn, containing three hundred acres, joining on the lines of John Roberts and others. As also all my lands which shall be unsold at the time of my decease on Linvels creek in Augusta county; and one-half lot or quarter of an acre of land near the town of Fredericksburg, the other half of the said lot belongs to Captain William Russell, a deed for which to the said Russell and myself, from the honorable John Grymes, Esq., is recorded in the Secretary's office of Virginia (which remain still undivided). Fifthly. I give and bequeath unto my son Duff Green, and his heirs and assigns forever, one tract of land containg by patent four hundred acres, lying in the Little fork of Rappahan'k river joining to the lands of Anthony Scott. Also one tract of land containing one thousand and twenty-six acres of thereabouts, lately surveyed by Mr. James Genn, lying in the sd. Little fork and commonly called the Meringoe tract. But as I have been jointly concerned with Col. James Wood, of Frederick county, in several tracts of land, and probably it may appear by some writing or otherwise (which I am not apprised of) that the said James Wood may have some right to the last mentioned tract of land. It is therefore my desire and I do hereby require and impower my executors to make deed and convey one-half of the sd. tract of land (last mentioned) to the sd. James Wood, on his paying the charges which shall accure thereon, in case it shall appear, as is before suggested; otherwise it is my desire that my sd. son, Duff, and his heirs and assigns enjoy the same forever as aforesd. Sixthly. I give and bequeath unto my son, John Green, and his heirs and assigns forever, all my land and plantation on Muddy run, on which my mill doth stand, together with sd. mill, and two tracts of land which I bought of John Latham, dec'd, joining to the sd. mill tract. Also one-half of the land which was lately surveyed for me on Negroe run and Hedgeman's river joining to Mr. Charles Dewitt's land. And one other tract of land containing about seventy or eighty acres on which Thos. Bywaters now liveth, at the mouth of Crooked Run, which I bought of Evan Vaughan. (the next section is number sixthly also and appears to be a mistake) Sixthlt. I give and bequeath unto my son, Nicholas Green, and his heirs and assigns forever, all that tract of land and plantation wherein Bryan Keegan formerly did live, near to the foot of Red Oak mountain on Cannon's river, containing by patent 300 acres. As also one-half that tract of land containg seventeen hundred acres on the branches of Muddy creek at the foot of North mountain, in Augusta county. And one-half of a tract of land lying in the sd. county of Augusta, containing three hundred and fifty-acres, a plat of which is returned to the secretary's office in the name of Col. James Wood and my part of the rights and secretary's fee I have paid. Seventhly. I give and bequeath to my sons, James and Moses Green, and their heirs and assigns forever, one tract of land containing by patent four hundred acres, lying between the sd. three hundred acres bequeathed to my son Nicholas, the lands of Col. Thornton and William Covington, which land was patented by --- Monroe and lapsed by me from sd. Monroe, as may appear, etc. As also my part of the lands which are now patented in my name on the South Branch of Potowmack river; reserving to Col. James Wood, of Frederick county, one-half thereof, he paying my executors twenty-five ponds, being part of what he received for lands sold on the sd. South Branch, and I do give and bequeath to the sd. James Wood and his heirs (patented) on the South branch of Potowmack, it being in consideration of his part of all other charges. Eighthly. I give and bequeath unto my my sons, James and Moses, and their heirs and assigns forever, one-half of a tract of land containing two thousand acres lying in Augusta county, between the river Shanando and the Peaked mountain. And my will is, that the sd. lands bequeathed to my sd. sons, James and Moses Green shall be equally divided between them at the discretion of my executors. Ninthly. Whereas I have already bequeathed to my son, William Green, my right to one-half a tract of land in Augusta county, containg four hundred acres, and half one other tract containing three hundred and fifty acres, to my son Nicholas Green in the sd. county. The plats for which lands are returned to the secretary's office in the name of Col. James Wood as is before cited: My will is, that the sd. James Wood may when he obtains patents for the said lands make deeds to my sd. sons for moiety thereof as before directed. And my will is and I do hereby require and impower my executors to make deeds and convey to the sd. Col. James Wood (on his conveying to my sd. sons the tracts as aforesd), one half of a tract of land in Augusta county at the foot of North mountain on the branches of Muddy creek, containing by patent seventeen hundred acres. And also one-half of another tract of land in the sd. county of Augusta, between Shennando river and the Peaked mountain, containing by patent two thousand acres. Tenthly. I give and bequeath to the sd. Col. James Wood, his heirs and assigns forever (on his paying one-half of the charges accruing thereon), one-half of a tract of land lately surveyed for me by Mr. James Genn, on Negroe run and Hedgeman's river, joining to Charles Dewitt's land in the little forks of Rappahannock river, being in pursuance of an agreement made with sd. James Wood. Eleventhly. I give and bequeath unto Mr. John Blair, Junr., of Williamsburg, two hundred acres of land lying on the branches of Black Water run at the Red Oak mountain in Orange county, being in consideration of his bearing part of the expenses in taking up a large tract joining to the same, which tract was lapsed from Dan'l Brown. Twelfthly. My will and desire is, that all the negores, cattle, horses, household goods and outstanding debts (except the new goods in the store) which I shall be possessed of at the time of my decease, shall be equally divided between my wife and children aforesd., except my son, Duff Green, who is sufficiently provided with such necessaries by the will of my deceased uncle, Wm. Duff; and it is my desire, that those who divide my sd. personal estate may have regard to proportion, the age of the negroes to the age of my children to whom they are allotted, and not to be shared according to their present value, but according to their number. And my death in that such of my sd. estate an shall be allotted for my sons John, Nicholas, James and Moses Green (except the negroes) may be sold in such manner as my executors think most advantageous, and the money arising therefrom, as also their negroes and the profits of them to remain in the hands of my executors until the sd. John, Nicholas, James and Moses, have arrived at the age of twenty-one years, during which time they are to remain under my sd. wife's tuition and to be schooled at her discretion during her widowhood; and if she marries then my desire is, that my sd. sons shall be under the tuition and care of my executors hereafter mentioned. And my desire is that my three oldest sons, William, Robert and Duff Green, may posses their estates and be at liberty so soon as they shall arrive at twenty years of age. Thirteenthly. Whereas by the will of my deceased uncle, William Duff, he among other things left unto his wife, Elizabeth, during her life all his lands, plantations, negroes, etc., in King George and Westmoreland Counties, and after her decease he lent the sd. negroes, etc., to William Duff of Virginia and John Duff of the Kingdom of Ireland and to the Friends of the Monthly meeting at west river in Maryland in trust, and mentions certain uses and charges to be defrayed thereby; and the profits thereof more than will defray the sd. charges to be equally divided between the sd. John and William Duff, and the male heirs of their bodies lawfully begotten, and for want of such heirs, then he lends the sd. estate to me during my life and after my decease to my son William Green and his male heirs, etc. Now the sd. William Duff being dead without male issue, and the sd. John Duff having as yet not claimed the sd. estate, the same still remains in my possession and after my decease will descend to my sd. son, Wm. Green. It is therefore my desire, that if the sd. John Duff should not claim the sd. estate within three years after my decease, that my sd. son William Green shall refund to my sd. wife, Eleanor, and my other sons, to be equally divided between them (except my son Duff as before) all his part of my personal estate which he shall receive at my decease; but if it should so happen that the sd. John Duff or his heirs or any other person within the time aforesaid, should recover the said estate from my said son, that then he may have and enjoy his equal share of my sd. personal estate, as if the said Wm. Duff's estate had never been in his possession. And whereas I am concerned in sundry tracts of land and orders of council for land (for which there are no patents as yet), it is my desire that all such lands should be sold at the descretion of my executors, so as to be most advantageous to my heirs, and that the money arising by such sales shall be appropriated to discharge all such debts (if any) as shall be due from me at the time of my decease to any person and particularly on account of the estate of the above named Wm. Duff dec'd. and to the sd. John Duff in case he should recover the above mentioned estate, and what will arise by the sd. sales more than will discharge the debts aforesd. shall be equally divided between my wife and sons aforesd. (except my son Duff as before) and it is my desire that all such new goods as shall be in my store at my decease shall be sold and the produe thereof to be equally divided as is last mentioned. And further my desire is, that if any of my aforesaid sons should die before arriving at age to posses their estates, that then his or their estate or estates be equally divided between the survivors. Fourteenthly. Whereas I am posset of one hundred acres of land in Prince William County which descends to me as heir at law of the above named Wm. Duff, dec'd. the same being unbequeathed by the said Wm. Duff to any person, and I am also heir in reversion to the remainder of a tract of land containing five hundred and odd acres joining to the sd. hundred acres, two hundred acres part of the sd. five hundred the sd. Wm. Duff bequeathed to Anne Shotwell and her heirs, and the remainder of the sd. tract to Anne Duff now wife of Tully Choice, I do therefore desire that the sd. lands may be sold by my executors, and the money arising therefrom to be equally divided between my sons Wm. Green and Robert Green. Fifteenthly. Whereas, I am posset of two hundred acres of land, patented in my name, which by an agreement verbally with John Newport, dec'd. I was to make over and convey to the sd. Newport: But as I was surety for the sd. Newport, dec'd. in his lifetime for his faithful performance of the office of deputy-sheriff in the county of Orange, and now suit is brought against me for his default in the said office. If, therefore the heirs of the sd. Newport, dec'd., shall indemnify my heirs from anything that may accrue from any default in his said office; I do require and Impower my executors to convey the said two hundred acres of land to the heirs of the sd. Newport. And lastly. I do hereby nominate, constitute and appoint my beloved wife Eleanor executrix, my two sons, William and Robert Green and my good friend Francis Slaughter, gen't., executors of this my last will and testament: Hereby revoking all other wills by me formerly made. In witness whereof I have hereunto set my hand and affixed my Seal, this twenty-second day of February, in the year of our Lord one thousand seven hundred and forty-seven eight ROBERT GREEN (seal) Sign'd, seal'd, publish'd and declared by the above Robert Green to be his last will and testament, and that the same was contain'd on these three sheets of paper. In the presence of us. Three words interlined in the eighth line, the word (in) scratched out in the twenty-eighth line, the words (or his heirs) in ninety-seventh line, interlined before the assignment. JOHN THOMPSON, RICHARD YOUNG, JAMES GIBBS, JOHN ROBERTS. At a court held for Orange county on Thursday, the 28th of July, 1748. This last will and testament of Robert Green, dec'd. was presented into court by the executors therein named proved by the oaths of John Thompson, Richard Young and John Roberts, witnesses thereto, and ordered to be recorded. William Green, heir at law to the said Robert appearing in court declared that he had nothing to offer in opposition thereto, and on the motion of Eleanor Green, widow of the said William Green, and Robert Green, executors therein named, who made oath according to law, certificate is granted them for obtaining a probate thereof in due form. Test, JOHN NICOLAS, C.C. Court A Copy, P.H. FRY, Clerk, Orange County Court, Eleanor, widow of Robert Green, survived her husband 45 years, also four of her seven sons. To identify herself in later years on account of having grandchildren bearing the same name, she frequently signed papers as "Eleanor, the aged." Following the death of her husband Culpeper County was formed and her will is found there, probated Dec. 16,1793. It is as follows: THE WILL OF ELEANOR DUNN GREEN In the name of God Amen, I, Eleanor Green of the Parish of St. Mark's and County of Culpeper in the State of Virginia, being aged and infirm but of sound mind and memory as usual, thanks to the Almighty God for that blessing, calling to mind the uncertain duration of this life and knowing that it is appointed to all mankind, once to die, do make and ordain this my last will and testament in manner and form following, to wit: Principally and first of all, I do with all humility and conviction for my part offenses, command my soul to Almighty God who gave it. Trusting that through the merits and mediation of my blessed Lord and Savior Jesus Christ after this mortal life is ended, I shall enjoy everlasting felicity. My body I bequeath to earth from whence it came, therein to be decently interred at the direction of my Executors and as for wordly goods and effects wherewith it hath pleased God to bless me, I dispose of in the manner and form following: 1st. It is my desire that my funeral expenses and trust debts be first satisfied and paid. 2nd. I give and bequeath to my son, Robert Green, to him, his heirs and assigns forever all my part of land which myself and other plaintiffs are at law with the late Lord Fairfax and other debts on Shenando River and the waters thereof when the said land shall be recovered together with all damages which may hereafter be recovered for grant of the said lands as all money that may hereafter appear to be due from the other parties from any sales that they may have made and converted the money to their use as also any other advantage or advantages that may hereafter appear to be due or arise from the said lands. I give and bequeath likewise to my foresaid son, Robert Green, his heirs and assigns forever. 3rd. I give and bequeath to my foresaid son, Robert Green, all stock and hogs that be in prospect at the time of my death likewise all kind of crops that I may then have on the grounds unfinished to him my son, Robert Green, his heirs and assigns forever. 4th. I give and bequeath to my granddaughter, Eleanor Duff Green, my riding mare called Snip, also my side saddle and mourning ring, describing the time of my son, Duff Green's death. 5th - I give and bequeath to my three sons now living, viz; robert Green, John Green, and James Green, all the remaining part of my estate to be equally divided among them, their heirs and assigns forever. 6th - And lastly, I do hereby nominate and appoint my three sons, Robert Green, John Green, and James Green, Executors of this my Last Will and Testament, hereby revoking all other former wills by me made and declaring this to be my Last Will and Testament. In witness whereof I have hereunto set my hand, assigned my seal this nineteenth day of May in the year of our Lord, 1784. Signed, sealed and acknowledged In the presence of us Eleanor Green (S.S.) John Strode Issac Herrin Elizabeth Herrin