|
Will of John Newton |
|
In the Name of God, amen, I John Newton of Lower Machedach in Westmoreland County in Virginia being in perfect health and sound mind make this my last Will and Testament this 19th of August, 1695 hereby revoking all other Wills and Testaments whatsoever, and first I recommend my Soul to God, believing for eternal rest & Salvation through Jesus Christ my Savior, and my body I desire to be decently buried by my Executors hereafter named upon some of the Land which I have purchased and my worldly goods which God hath graciously given me I give as followeth, Item I give unto my Eldest son John & his heirs & assigns forever, what land I have at Charlton & Camilsforth in Yorkshire and that house in Hull which was my Fathers, the Land I bought of Joseph Laycock and also I give him and his four children One Thousand Pounds of Tobacco apiece, and I give unto my Son Joseph Newton and his three Sons 1000 lbs of tobacco apiece, and I give unto my son Benjamin Newton and to his Daughters one Thousand pounds of Tobo: apiece; and that thousand I give to John & to Joseph and to Benjamin, I will it be paid them at my death by my Executors; and the Thousand apiece to each of Grandchildren, I will that my two sons Gerrat Newton & Thomas Newton pay it equally between them, the first year after the death of my wife unto each Grandchilds own Father for the use of their Children and they to pay it to each child as they shall attain to 18 years of age and further I give to my sons John Newton, Joseph Newton & Benjamin Newton and their Widows, if they continue their widows; so long that they shall be tole free for their whole families seven years after my death, at either my mills at Totashee, or at my mills in the freshes of Rappahannock river which they please to make use of, but if their widows marry then to be no longer tole free; Item I give to my Son Garrat that 1000 Acres of Land I bought of Thomas Short with all the overmeasure contained whether the bounds which layeth in the freshes of Rappahannock Rivers & the mills which I have built there, to him and the male heirs of his body lawfully begotten and for want of such heirs then to my Eldest Son John Newton and to the heirs males of his body Lawfully begotten and for want of such heirs then I give the said Land and Mills to Joseph Newton my son and from him to his son John and the heirs males of his body Lawfully begotten, and for want of such heirs then I give the said Land & Mills to my eight heirs at Law forever, but his Gift of this Land and Mills is with the reservation, that my said Son Gerrat or they to whom it shall descend to at my death shall pay four Thousand pound of Tobacco to John Newton's 4 children, as I have before devised, and my said Sons John, Joseph & Benjamin and their widows shall be tole free as above and also pay to my loving wife his mother, five thousand Pounds of Tobacco & Caske every year during her life in Lieu of her thirds or dower hereof, I likewise give to my said Son Garrat Newton foure negroes Tim, Nan, Will and Sarah, and the Issue of their bodies from this date, and to entries as above and all at my death, Item I give unto my Daughter Elizabeth Newton my moiety & half part of that 21500 Acres of Land formerly Henry Walkers, and now granted to myself & Colonel Fitzhugh by deed from the Proprietors office, he have promised to take no advantage of Survivorship, to her and to the heirs males of her body Lawfully begotten, and for want of such heirs then I give the said Land to John Newton my Grandson, the Son of Joseph Newton and to the heirs males of his body Lawfully begotten, and for want of such heirs then I give the said Land to my eight heirs forever, also I give my said daughter a negro boy Wappen & a negro girl Betty and the Increase of their bodies from this date, and at the death of my wife the Negro girl Roase and the Increase of her body, but my wife to have the use and labour of the said Girl for her life, and the use of all my Plate for her life, and then I give the said Plate to my said Daughter, and I give her my said Daughter and her Estate into the Tutorage and Guardianship of her mother if she lives so long, if not then to Brothers, Garret and Thomas, untill she shall be married or attain the age of 18 years. Item, I give and bequeath unto my Son Thomas Newton and to his heirs males of his body Lawfull begotten 350 Acres of Land at Totashey which I bought of W. Swillivant and my mill at Totasley with the two acres belonging to her, but for want of such heirs then I give this said Land & Mill unto Benjamin Newton my son and to the heirs, etc., but want, etc, then to my eight heirs at Law forever, but this gift of this Land & Mill is with the reservation that my said Son Thomas or they to who it shall descend to at my death shall pay 4 Thousand Pounds of Tobacco to the other 4 of my Grand Children, 3 of Josephs children and 1 daughter of Benjamin as is before devised, etc. and also pay unto my loving wife his mother 5000 lbs of Tobacco & Caskes every year during her life in lieu of her thirds or dower, and I also give her the labour and use of a Negro Frank and a negro Sue for her life, and at her death if living then to be equally divided betwixt my 3 Sons John, Joseph and Benjamin, they first being Valued and then Cast Lotts, which Brother shall have them, he paying his other Brothers their portions; The rest of all my worldly good not hereby devised, I give to be equally divided amongst my 4 Executors hereafter named they paying all my Just Debts, this my gift to my wife is in lieu of all thirds dower paraphernalia and pretended Claims whatsoever; I make appoint and ordaine my loving wife, my Son Gerrat Newton, my Son Thomas Newton and my Daughter Elizabeth Newton to be my Sole and absolute Executors to perform this my last Will, and I earnestly intreat my loving friend Colonel William Fitzhugh to advise and assist my said Executors and in case of differences to decide all matters betwixt them, I hereby command my 3 Children and Intreat my wife to accept of his judgement, and so not to go to Law, In witness whereof I have hereunto set my hand and Seale the day and year above written.
Signed Sealed & Delivered by the said Newton to be his last Will before us Dessamach Dalton, Charles Tillery, Ellender Tillery. This Codicil made by me the Subscriber this 21st day of December 1696. Declareth that my Son Gerrat shall not pay his mother five Thousand pound of Tobacco a yeare because the profits of the mill will not bear it, and therefore he shall only pay her two Thousand pounds of Tobacco yearly for her life instead thereof, also that Gerrat shall not [have] the within named negro Will as also that Gerrat shall not be one of my Execrs, only the other three, Roas, Thomas and Elizabeth shall be my Executors, and that I give Gerrat all Cattle Hoggs & which belongeth to me, that is now or shall be on his plantation at the little falls, I also confirm to him & his wife Rebecca a small Deed of Gift I made to him and her when I was up to see them first at their Plantation, about the beginning of October last and it is then dated and is for five hundred Acres of Land where they live, taking the whole length of the Pattent from the river to the back line, and this whether they have or have not heirs males, I give to my Eldest Son John that negro Josh I bought of W. Bolton, and the labour and use of Negro Will I give to my wife Roas during her life, but the negroe I give to my Three English Sone to be delivered of living at her death, and to be divided between my said 3 Sons, as negroes Fran & Sue is to be divided; I give unto my grandson John the son of Joseph two Hundred acres of that Land I bought of Capt. Swann, next adjoining to William Smith 50 poles to the breadth on the river and the length of the Land of from the River to the back line, this to him and his heirs, etc.
Witnesses: Charles Tillery, Ellinor Tillery, Dessamach Dalton Additional change to Codicil, changing the distribution of land, not dated, and witnessed by: Richard Lee, John Hines, Elizabeth Needam, signed by John Newton in Westmoreland.
At Court held for the said County the 28th day of July 1697. This last Will & Testament of John Newton deceased above written, with the endorsed Codicils were this day proved in Court and probate granted. Testee: James Westcomb. |
 |