Preston Counties WV Archives Wills.....John Fairfax 1844 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/wv/wvfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Kathleen Martin Brown September 2008 Source: Preston Co., W. Va. Will Book 2, page 14. Written: December 22, 1843 Recorded: April 5, 1844 In the name of God Amen, I John Fairfax of Preston Co. being in rather feeble health but thanks be to His name, in my sound mind and memory, Do make this my last will and testament in manner following. In the first place I bequeath my soul to God and my body to be decently buried at the discretion of my Executor herein after to be named. Second as to my worldly estate I am blessed with I direct all my just debts to be paid out of my personal estate. I then loan to my beloved wife Ann L. Fairfax my Cheat River Farm on which the stone house stands during her life or widowhood. I then give the same to my daughter Elizabeth L. Fairfax and her heirs in fee simple forever. I then loan to my said wife during her life or widowhood the following Negros, Daniel, Comfort, Watt, Ellen Rose, and the boy Tom. I then give to my said wife my saddle horse and bridle, with all the silver table and teaspoons at my Glade Farm and the cupboard ware, and I loan her after my debts are paid and specified legacy One third part of all my stock of horses, cattle, sheep and hogs and my household and kitchen furniture together with her third part of any money that may remain that may be raised on any property I may devise to be sold after the payment of my debts. I then give the Negro girl Virgil to my wife forever. I then give to my daughter Elizabeth L. Fairfax the following Nergros, Jesse, Eliza and her child, and the black boy James, and her choice saddle horse out of my stock of horses, and two beds, and the steads and bed clothes, and the silver table and teaspoons at the stone house on Cheat Farm, to her and her heirs forever. Thirdly I then give to my son William Fairfax the hundred acres of land on Cheat River where he lives, the same he holds my obligation for, and the tract of land about three hundred acres I got of William G. Payne on Sandy Creek, and the following Negros, Vincent and Mary, to him and his heirs forever. I then give to my son Buckner Fairfax my half of the tract of land called "Martin's Big Falls" on Field's Creek, and the tract of land called the Reeder Tavern tract supposed to contain four or five hundred acres, and to join lines. I intend to give to my sons Francis B.F. Fairfax, George W. Fairfax the following described and named Negros, the two girls he has in possession and Jack and his wife Milley to him and his heirs forever. I then give to my son Francis B. F. Fairfax the hundred and fifty acres of land I have deeded to him, and one hundred and fifty acres more to join lines with lands I intend to give his daughters Elizabeth and Harriet and to extend down the creek for quantity and to join lines with Buckner and George W. Fairfax, and the following named Bazil, Jetty, and Rachel to him and to his heirs forever. I then give to my son George W. Fairfax five hundred acres of land, including my home farm, the Martin farm and the Zinn farm and the Russel place, so as to join lines with Buckner Fairfax and to join the lines of two hundred acres of land. I intend giving to my grand daughters, Elizabeth and Harriet Fairfax, two Negros, Alfred and Tolphia, to them and their heirs forever. I then give to my two grand daughters, Elizabeth and Harriet Fairfax, two hundred acres of land to be equally divided between the said Elizabeth and Harriet to be run out between the lines of Francis B. F. Fairfax's home place, Buckner Fairfax and George W. Fairfax and to extend down the glade for quantity to them and theirs forever. I then give to my grandchildren John A. Martin, Alcinda Martin, Sophia Martin to be equally divided between them six hundred dollars worth of land to be prised by Buckner Fairax and conveyed by William G. Payne and give my granddaughter Alcinda Martin one Negro girl Charlotte with this exception, I give Charlotte's first child she may have hereafter at one year old to my Grandson John A. Martin, together with the living child Dafney has to them and their heirs forever. I then give to my granddaughter Sophia Martin one Negro girl Dafney to her and her heirs forever. I then give to each of my stepdaughters, Mrs. Harriet Haymond and Julia C. Franklin, each one good bed and bedclothes to be selected by their mother. I then give unto my grandchildren John A. Martin, Alcinda Martin, and Sophia Martin each one good bed and bedclothes to be selected by my wife and each one cow to them and their heirs. I then give to my granddaughter, Elizabeth Fairfax, one Negro child Loretta and to her sister Harriet Fairfax I give one Negro child Argot to them and their heirs forever. My Negro boy Norvell may be taken by either of my children at the price of four hundred dollars to be applied to the payment of my debts. I direct that either of my children may take the hundred acres of land and mills at eight hundred dollars. Otherwise it is to be sold and three hundred acres of land more or less joining Weaver to be sold and the proceeds divided between my wife and my five living children. Now if there is any land in my different tracts adjoining in the Glades that I have specifically [not] given away, I give the same to my son Buckner Fairfax and his heirs forever. In the settlement of my estate my son William Fairfax is to be charged with two horses, price of the two one hundred and forty dollars, and two cows at twelve dollars each, and my son Buckner Fairfax is to be charged with a mare, seventy five dollars, and stock of cattle and sheep supposed to be equal to the money he paid towards the stone building on the Cheat Farm. He is to be charged seventy-five dollars I paid Hagans for him in 1836, eighty dollars I paid the bank for him in 1840, and a balance of four hundred and fifty dollars of public money he drew of mine at Richmond. My son Francis B.F. Fairfax is to be charged with three horses, one hundred ninety-five dollars, two cows and calves twenty-seven dollars, two bedsteads and clothing fifty dollars, one cupboard twelve dollars, thirty-one dollars and fifty cents paid Alexander Turner for him and other receipts paid for your building amounting to forty-five dollars more, and a sum of money I let him have to pay Laziers. My son George Fairfax is to be charged with three horses price one hundred and fifty dollars. The residuary part of my estate I loan my wife her third part of it during life or widowhood and the balance to be equally divided between my five living children and Mary's three children, John Allen Martin, Alcinda Martin, and Sophia Martin, who are to take per stirps or their mother's sixth part. What remains of what I have loaned my wife to be equally divided at my wife's decease between my five living children and Mary's three children before named are to have one-sixth of it or mother's share. Now the Negro girl Virgil given to my wife is on this express condition that the money for the land me and my wife sold and made a deed to Thomas Perry's heirs for in Maryland, be collected and paid over to my step daughter Julia C. Franklin on my note she holds. Either of my children may have the Negro woman Mary by paying four hundred dollars for her, and old Samuel may do for himself under the control and care of my Executors. And I do hereby and herein revoke all former wills devises and Testaments by me made. I appoint my sons Buckner Fairfax and George W. Fairfax Executors to my last will and testament. In witness whereof I hereto set my hand and affix my seal this 22nd day of December in the year of our Lord 1843. Signed sealed pronounced uttered and published as the last will and testament of John Fairfax in the presence of us Wm G. Payne and Julia C. Franklin John Fairfax [Seal] At a Circuit Superior Court of Law and Chancery held in and for Preston Co. on Monday the 1st day of April 1844, a writing purporting to be the last will and testament of John Fairfax deceased dated the 22nd of December in the year 1843, was produced in Court by Buckner Fairfax and George W. Fairfax named as Executors in said will in order to be proved and thereupon William Fairfax, one of the children and heirs at law of said John Fairfax deceased, by his attorney appeared and opposed the proof of said will and it is ordered that the said will be contested on Thursday the fourth day of this term, by consent of the said parties: Friday the 5th day of April 1844 Buckner Fairfax and George W. Fairfax named as Executors in the will of John Fairfax Dec'd. William Fairfax on a motion to prove a writing purporting to be the last will and Testament of John Fairfax deceased dated 22nd December 1843, this day came the parties by their Attorneys and the said paper writing purporting to be the last will and testament of said John Fairfax, being seen and examined was severally proved by William G. Payne and Julia C. Franklin subscribing witnesses thereto, to have been signed and acknowledged as his will in their presence by the said John Fairfax and that they and each of them subscribed their names as witnesses at the request of the said John Fairfax and in his presence and in the presence of each other, and that he was of sound mind and understanding at the time. Therefore and after having and considering the other evidences in the cause by the defendant, it is adjudged and ordered by the Court that the said paper writing be admitted to record as the last will and testament of the said John Fairfax, both as lands and personalty, except as to the bequest to the said Julia C. Franklin of a bed and bed clothes, and that the said defendant pay to the said Buckner Fairfax and George W. Fairfax their cost here expended and thereupon the said Buckner Fairfax and George W. Fairfax made as Executors of the said John Fairfax in the said Will, came into Court and entered into bond in the penalty of twelve thousand dollars, conditioned as the law directs, with Gustavus Cresap, Jacob Feather, Jacob Startzman, John V. Martin, Jacob Miller and Francis W. Deakins, their securities who qualified as to their sufficiency, and thereupon the said Buckner Fairfax and George W. Fairfax took oaths prescribed by law. A certificate thereupon is granted them for obtaining a probate of the said Will in due form, and on motion of the said Executors it is ordered that William Elliott, Jacob Miller and James P. Coburn be appointed to appraise the personal estate of the said John Fairfax deceased, also the real estate directed in said will to be sold by his Executors being first duly sworn for that purpose. A Copy John P. Byrne A Copy: Test: Smith Crane, Clerk West Virginia, ss: On the 7th day of April 1882 the foregoing writing with certificate thereto was produced to me in my office and therein admitted to record. Test J. Ami Martin Clerk County Court Preston Co. Additional Comments: Col. John Fairfax was born in Charles Co., Md. 12/10/1762. His parents were William Fairfax (b. 1720- d.1793 Prince Wm. Co. Va.) and Elizabeth Buckner (marr. 1762), the daughter of Peyton Buckner of Pr.Wm Co. Va. The Fairfaxes were a well known aristocratic Yorkshire family with a number of members who came to the American colonies (J.T. Cliffe, The Yorkshire Gentry, 1969). In 1783 George Washington, a friend of the family, sent to Charles Co. for John Fairfax and made him Superintendent of Mt. Vernon and his other farms (Oren Morton, History of Preston Co. W.Va., 1914; W.W. Abbot, The Papers of Geo.Washington). In 1790 John resigned his position and purchased 2000 acres of land in the Monongalia Glades, Preston Co. Va. He married first Mary Byrne (b.1770 Pr. Wm Co. Va. – d.7/22/1803 Preston Co.), and second Ann Loid Franklin. In 1794 Gov. Brooke of Va. appointed him Justice of the Peace. He was elected three times to the Va. House of Delegates, served as Sheriff of the Co., and as Col. of the 104th Regiment of Va. Militia during the War of 1812 (Oren Morton, 1914.) Col. Fairfax is buried on the hill in back of the P.O. at Arthurdale W.Va. close to his daughter Mary Byrne Fairfax, first wife of Aquila Martin.