York County, VA - Will: Francis Durfey, 1678 File submitted for use in the USGenWeb Archives by: Fran Florence ************************************************************************ 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 ************************************************************************ In the will of Francis Durfey (I) dated December 6, 1678, probated February 24, 1679/80, in the York Co. Probate Court, he mentions his wife Sarah and his daughters Elizabeth and Hannah and son Francis. From York County Wills: "In the name of God Amen I Francis Durfey of the parish of Bruton in the County of Yorke being very sick of body but thanks be to God in perfect mind and memory do make and bequeath this my last will and testament in the manner and forme following revoking all former wills and Testaments by me made: Imprimis, give and bequeath my Soul to God that gave it, and my body to the earth to be buried in Christian Burial, as my Executrix shall think fitt for. Item I give unto Robert Wagden (son of his third wife and name is usually seen as Wakton) one cow and one cow yearling to be delivered to him by my executrix, when he shall come of age. Item I give unto my sonne Francis Durfey my land and plantation to him and his heirs forever, onely I doe give unto my loving wife Sarah Durfey for her life time in it, and I doe give unto my daughter Elizabeth Durfey her maintenance out of the said land and plantation until she marryeth or comes to age if she will live upon the said plantation, And further my will is that my sonne Francis working in the Croppe on my said plantation may have halfe the cleare profit at each year end until he shall come to age, the other halfe to my wife. Item I give unto my sonne Francis Durfey one cow called Gentle and one cow called Pretty, one two year old heifer and two cow yearlings one came of a cow called Browning, the other of a cow called Pretty and two yearling calves one came of a cow called Gentle and the other of a cow called Dawson and I further give unto my son Francis one Mare called Jenney and one two yeare old horse coult and my Gun and my wearing cloathes and my sadle with three pairs of new french falls, And my will is that Mr. Sml. Tympson and Rice Jones shall have sale the division of my estate and my Legacyes present to be paid after the proving my will and my desire is it may be the first court after my decease, and further my will is that my sonne and Daughters, cattle and Mares shall presently remain on with their increase to them they themselves standing to the hazzards of them. Item I give unto my daughter Elizabeth Durfey one cow called by the name of Cherry and one cow called Brindle, one two year old heifer and two yearling heifers and two cows calved, and I give unto my daugher Elizabeth one mare called Betty and the foal that now sucks her, the said cattle and mare with their increase forever, she standing the hazzard of them aforesaid. Item I give unto my daugher Hannah Durfey two cows and calves by their sides, and two two yeare old heifers, and two yearling heifers to remain in the hands of my executrix until she shall marry or come of age, and my will is that my Executrix shall have the keeping of my said daughters, And further my will is that my wife and my sonne Francis and my Daughter Elizabeth doe pay unto my Daughter Hannah when she shall marry or come of age one mare (or more?) foal apiece. Item I give unto my Loving wife Sara Durfey one mare called by the name Peggy and the foale that now sucks her and all the rest of my stock of cattle and two young horses one of a year old called by the name of Ball, my wife paying to my sonne Francis and my Daughter Elizabeth each of them one young foale when they shall come of age, And lastly I doe give and bequeath all of my movables not before mentioned doe I give and bequeath unto to my loving wife and my three children, Francis, Elizabth and Hannah equally to be divided between them the rest of my estate and debts or accounts, or whatever belongeth unto me I doe hereby give and bequeath unto my loving wife Sarah Durfey whom I make full and whole executrix of this my last will and testament, And my will is that Mr. Sam Tympson and Rice Jones shall be overseers of this my last will and that they have the division of my movables, betwixt my wife and children and further my request is that my overseers take care that noe waste be made of timber only what is needful on my said plantation, In witness of the truth I have hereunto sett my hand and seal this 6th Day of December 1678. Signed Sealed and Delivered with the word fall interlined in ye original Francis Durfey (Seal) In presents of Wm. Kerly and Arthur Juxon February 24th, 1679 Presented in Court 1678/1679. Proved in Court onely by the oathe of Arthur Juxson, the other witness to be sworn by Capt. Thorp and then the will to be returned to be recorded and a probate to issue. Wm. Thorp was sworn before me March 1st, 1678 or 9 (?) Otho Thorp (Family connection: For the descendants of Jeptha Atherton and Bettie Thorpe, Otho Thorp is a member of the wife's family.) Presented to the Court by Sara Durfey, the executrix, and a probate ordered to issue this 10th of October 1679 and is recorded. (The photocopy of the original will was obtained by Durfey researchers both Ben Warthen and Ginny Grubbs. Much of the original context was transcribed from the original by Ben Warthen.) Probate of last will and testament on October 10, 1679 granted to Sara Durfey, widow and executrix being proved by oathes of Willm Kerbe & Arthur Juxon. On Francis Durfey (I) probate paper in York County, overseers were to see that there was no waste of timber.