SPOTSYLVANIA COUNTY – WILL: JAMES MERCER, 1791

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Will: James Mercer, Fredericksburg, Spotsylvania Co, VA (1791)

IN THE NAME OF GOD amen I James Mercer of the town of Fredericksburg in the 
County of Spotsylvania being now in good health do make and publish this as
my Last Will and Testament hereby revoking all other Wills and Testaments 
heretofor made.

Imprimis:  I give and devise my whole estate both real and personal unto
my worthy friend and relations Mr. Muscoi Garnett of Esex County & Mr.
Benjamin Harrison of the City of Richmond.  To them their heirs & assigns
forever and also I appoint them sole Executors of this Will upon trust &
upon the terms & conditions herein after mentioned hereby giving to my said
Trustees & Executors full power and ample authority to use occupy & possoss
my whole estate & the same to sell and convey as fully & amply as I myself
can now do towards fulfilling my will and in case of death or incapacity of
either of my said Trustees & Executors the survivor & the other who will
undertake the operatorship I trust to have the same power and authority as
if he had been solely named. The Trusts I hereby declare to be as follows:

First, for the payment of my just debts & the maintenance & education of my
four children & my niece Martha Mercer in manner as here after directed &
secondly for the use of my said children & niece according to the devises of
my Will by my just debts.  I do not mean to revive state or publish demands
according to the opinions in the law books and tho I caution my Executors
against state demands yet they may if they please pay any debt of mine
which they shall be well satisfied is just the act of limitation to the
contrary notwithstanding and tho they may err in points of this sort yet
their acts shall bind children absolutely without any after account therefor.

As to the management or disposition of my estate I have that as also the
maner of the maintenance & education of my children to the discretion of my
Trustees & Executors Administrators only advise that my estate shall be kept
together as it now is (except my lots & houses in this town & the lands not
now worked which ought to be but sold if rendeion? un...s...) until my eldest
son shall arrive at the age of twenty four for the purpose of paying my debts & 
maintaining & educating my children & maintaining neice respectively untill
their respective legacies hereafter mentioned shall be actually paid them.
As to my devises & legacies they are:

First, to my daughter Mary Eleanor Dick Mercer I give her the sum of one
thousand pounds to be paid her within three years after my death as also two
young negros girls or female negroes of whatever age they may be a..... such
as she may choose out of my whole estate the negros to be assigned her as
soon as my death (may be after).  I also give my said daughter Mercer fifty
pounds a year for her maintenance untill she shall actually receive her legacy
aforementioned and if either of her negroes so to be chosen shall die or by
any means become of little value, I then direct another to be alloted to her
at her choise at all times untill her marriage.

To my daughter Lucinda Mercer I give the sum of three hundred pounds to be 
paid to her on the day after marriage.  Also a female slave such as she shall 
chose to be delivered to her immediately after my death and in case of death
or depreciation at any time before her marriage she is to chose another & as
often as the same cause may arise, I also devise to my said daughter Lucinda
one hundred guineas as a token of my full approbation of her annuel? management
of my family and this last sum is to be paid to her at my death and untill my
said daughter Lucinda Mercer shall marry I devise to her the sum of forty pounds
a year for her maintenance.

To my neice Martha Mercer I give the same as aforegiven to my daughter Lucinda
except the one hundred guineas.

To my son Charles Fenton Mercer I give and devise one moiety of any Bull run
lands containing in the whole about three hundred acres.  His moiety to be laid
off by the lines between west of me by the out lines Cuesly's survey as far as
I own, thence at the intersection of the original line of the greater tract
which was taken up by my deceased father somewhere near Powells now Saves?mill
thence up or near an hallow of a water courses leading up between the two
plantations called Hendersons and Sambkins so as to devide the Chesnutt Ridge
plantations with conveniency thence to go conveniently into the Hallow and
water course next below the hill on which the Reciseers House now stands 
j'thence Grossing Baitens Branch up a hollow of the Bull run mountain
untill it intersects the out line of the Greater tract (the lines) once called
Youngs & with those lines to and with rvisto? lines first aforementioned
these supositious lines are known to be Francis Peyton & my Trustees may lay
them off by Col. Peytons advise and at their pleasure without regard to 
quantity.

I also give to my son Charles Fenton one half of all stocks & plantation 
utensils on the Bull run lands is also one moiety of all the slaves I own of 
which shall remain at the Division thereof and after more heretofor given to my 
daughters and neice shall be taken out and the four young hereafter mentioned, 
that is to say, four mulatto chidren, to wit: Bella the daughter of Milly, 
Grandvill & Matilda the children of Hanah and (blank space) the daughter of 
Esther these four I give to my son Charles Fenton over and above the moiety 
before mentioned but it is my desire that he mancimit(manumit) the boy at twenty 
four years of age & the girls at the ages of twenty then cloath them & give the 
boy 10 shillings & the girls 5 shillings each to begin the world with.  All the 
rest and residue of my estate of what nature or kind forever I give & devise to 
my eldest son John Fenton Mercer to him his heirs & assigns forever subject
however to Trust reposed in my Trustees & Executors aforementioned for the
payment of my debts & legacies & devises to my neice aforementioned in
manner following the profits of my whole estate so long as my debts & 
legacies will admit my estate to be kept together, to be applyed to the 
common burthen of the debts, maintenance of my children & niece & their 
legacies untill my son John shall arrive at the age of twenty four or marry
provided he does not marry under the age of twenty one years of age.  But if
my estate be so retained it is my will that the Bull run lands & my lands in
Spotsylvania Court & that my lands in town be the last lands that be sold.
And it is my desire that my lands on Sobetalico Creek, & on the Ohio near
to and below the great Kenhawa as also my lands that I may be compelled to
accept from Samuel Beale (a list of all which I shall annex to this paper)
be sold before the Bull run or Spotsylvania lands.  But if the Bull run lands
Spotsylvania lands must contribute to the payment of my debts and legacies,
it is my will that these devised to my son Charles Fenton shall contribute
these to with then devised my son John Fenton ....alicably according to such
estimate as my Trustees & Exeutors in their discretion shall adjudge the
value but it is my intention that the legacies given to my two daughters &
neice shall not contribute to payment of my debts.

It is also my desire tht negroes Peter & his wife Judy & her children from
Ralph inclusive & downwards be apart of the negros to be allotted to my son
Charles Fenton that Paris be allotted to which of my sons he pleases or be
hired to whom he pleases at eight pounds a year the not to be his own & if
he serves either of my sons that son to allow him three pounds a year at his
own disposal, and that Christmas be hired to whom he pleases at ten pounds a
year the rest to be his own.  

I also devise to the said Muscoi with said Benjamin Harrison right and power
that I have or can have to fulfill the wills of the late Alexander Dick &
Charles Dick and also the Trusts released to me by the act of Assembly
respecting my late brother George Mercer his estate.  And I request that my
said friends Mr. Garnett & Mr. Harrison will accept of a mourning ring each
value five guineas & also of their choice out of my studds one each male
or female at their pleasure and time that they be not required to find
security on probate of this my Will.  I also devise the guardianship of my
daughter Mary to my good sister Mrs. Selden to whom I deliver a ring
similar to those devised to my Executors and divese the guardianship of
any two sons to the said Mr. Garnett & Mr. Harrison.  And to prevent doubts
declare that in all my devises to my children & neice I mean and estate in 
fee simple.

IN WITNESS whereof I have hereunto set my hand & seal to this page & also
signed the two prior pages this twenty third of May one thousand seven
hundred & ninety one.

                                                 James Mercer

I James Mercer do make and publish the following as codicil to the
foregoing Will.  I devise my gold repeating watch to my eldest son it being
a family watch and as I desire the part of the Bullrun lands divised to my
son Charles Fenton to be more than a moiety of that tract in value, it is
my will that when a division of the negroes shall take place that of the
residium my son John Fenton shall have three fifths and if the circumstances
of my estate will admit of my debts & legacies being paid without sale of
negroes or my Bullrun lands or Spotsylvania lands my lots & houses in
Fredericksburg included that my daughter Mary Eleanor shall have the
further sum of five hundred pounds to be chargable on my son John's
estate that this sum as also the thousand pounds will be paid her on her
marriage or arrival at age whichever shall first hapen.

IN WITNESS whereof I have hereunto set my hand & seal this 26th day of 
May 1791.

                                                 James Mercer (seal)
Source: Library of Virginia,
Wills Book E, 1772-1798,
Spotsylvania County, VA,
Reel 28, pages 

Note: Spelling is as shown on original.  Paragraphing added by transcriber 
for ease in reading.  There are no paragraphs in the original.