The Last Will and Testament of Peter McClelland, Washington County, VA - 1831 This file has been contibuted by Riley Goodin and Brenda Nichols You may reach Riley at: Jrgoodin@aol.com You may reach Brenda Nichols at: bluebird@mounet.com Brenda also has an excellent web site at: http://members.tripod.com/brendanichols ***************************************************************** 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. ***************************************************************** I Peter McClelland of the county of Washington and state of Virginia do make this my last will and testament viz I give to my beloved wife Frances McClelland the one third part of the tract of land on which I now live containing one hundred and ninety nine acres or thereabouts to have and to hold the said one third part during her natural life, and at her death I give the aforesaid one third part to my son Peter McClelland to him and his heirs forever, the said one third part to be laid off so as to include the dwelling house, all the oreland, the spring and all the houses around the dwelling house so that from the dwelling house to the boundary of the one third part aforesaid may not at any one point be less than fifty yards. I give to my son Peter McClelland the other two thirds of the land on which I now live as aforesaid during the lifetime of my wife Frances McClelland to enjoy the benefits and profits accruing there from as some recompence for the attention which he must necessarily show to his mother and family during her lifetime and at her death I give one half of the aforesaid two thirds to my son Peter McClelland to him and his heirs forever and the other half or one third of the whole tract I give to my son Hugh McClelland to him and his heirs forever to be laid off according to quantity and quality so as to include the dwelling house and spring where Robert Smith now lives. I give to my beloved wife Frances McClelland my household furniture, kitchen and cupboard furniture, my wearing apparel, my books, beestands & poultry of every description, which is now on the place to her and her heirs forever. I likewise give to my wife one third part of all my heads of horses, cattle, hogs and sheep. I give to my daughter Frances McClelland the bed furniture and chest which she now claims, the ladies saddle which belongs to the place, it is likewise my will that my son Peter McClelland shall within eighteen months after my death give her five dollars in cash and a good milk cow. To my grand daughter Mary the daughter of my son Wm McClelland I give a milk cow, a bed and furniture and a ladies saddle to be paid to her by my son Peter McClelland in two years from my death. To my son Wm McClelland and my daughters Nancy Kline, Jane Goodman, and Polly Huston I give five dollars each to be paid by my son Peter McClelland within two years from my death I likewise give to my daughter Jane Goodman a milk cow to be paid her by my son Peter McClelland within two years from my death. To my son Peter McClelland I give all the residue of my personal property not heretofore disposed of consisting of horses, cattle, hogs, sheep, farming utensils, still and every other species of personal property for the purpose of paying up the debts contracted in his name for the benefit of me and the family and should there be an overplus I give the same whatever it may be to my son Peter aforesaid together with all the plank stock & tools belonging to the cabinet makers shop, nevertheless should my son Peter McClelland aforesaid fail to pay up the debts above mentioned and my funeral expences then & in that case it is my will that the property named above be sold and the debts as aforesaid paid from the proceeds thereof and unless my son Peter McClelland shall fail to discharge the debts as aforesaid it is my will and desire that no sale of my property be made but that an inventory of the same be made out by my executor and returned to court and it is further my will that the small grain and crop now growing on the land be reserved for the use and benefit of my family. Lastly I do hereby appoint my friend Levi L. Waterman executor of this my last will and testament. In witness whereof I have hereunto set my hand and affixed my seal this 1st day of August 1831. Peter McClelland SS signed sealed and published by Peter McClelland as his last will in the presence and hearing of us who at his request and in his presence have subscribed our names as witnesses Robert Smith John his X mark Conduff Jno Preston At a Court held for Washington County the 26th day of September 1831 The last will and testament of Peter McClelland deceased was exhibited in court and proved by the oaths of Robert Smith and John Preston two of the subscribing witnesses thereto and ordered to be recorded. And on the motion of Levi L. Waterman the executor therein named who took the oath of an executor prescribed by law and entered into & acknowledged his bond in the sum of six hundred dollars with John Preston his security