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1773-1787 Westmoreland County, Virginia Deeds & Will Book 16 & 17 [Mike Marshall]; Page 335.
John Washington's Will
I John Washington of the County of Westmoreland do make and ordain this my last will and testament in manner as follows.
Imprimis, my will and desire is that my executors to pay all my just debts and after my death my executors may if they think it most for the advantage of my children sell to the highest bidder, or at private bargain as they shall think proper, that part of the land which I now hold that I purchased from Mr. William Thorton, and that the money arising from such sale shall be applied towards the payment of my just debts, if my estate should be owing anything, if not, I desire the land may not be sold during my wife’s life. But if sold by desire that my executors to make the purchase of the said land a proper title in fee simple.
Item I give to my loving wife constant Washington, the use and profits of all my estate, both lands, Negroes, money, stock &c during her widowhood provided she maintains and educates my several children, but in case my said wife should marry then I desire that she may have one third part of my estate.
Item I desire that at the marriage or decease of my wife all the lands I now possess may be sold to the highest bidder and the money arising from such sale be equally divided among all my children, Sarah Harper excepted.
Item I desire that the child with my wife now is big with may have an equal part with all the rest of my children.
Item it is my wish and desire that at the marriage or decease of my wife, if any one of my son should be able to pay to each of his brothers and sisters including the one wish my wife now goes with 125 pounds current money, in that case I desire he may have my lands, and that they may not be sold to the highest bidder at public sale, as I would wish the lands to continue in my own family if convenient.
Item I give my son William Henry Washington, my seal with the family arms.
Item I give unto my son Thomas Lund Washington all my books and fiddle.
Item as to my daughter Sarah Harper, I have delivered to her the Negroes given to her by my father also the Negro which Alice which she inherited by the death of her brother Robert Townsend Washington.
Item I desire that my executors to give to my daughter Sarah Harper one mourning ring of 30 shillings value, also her miniature picture which I now have in possession.
Item it is my will and desire that after the marriage or death of my wife that all my slaves together with all the residue of my estate of every kind be equally divided between my seven children, to wit; John Terrett Washington, William Henry Washington, Thomas Lund Washington, Robert Pitt Washington, George Washington, Louisa Fossaker Washington, Nancy Constania Washington and the child that my wife is now big with.
Item it is my will and desire that my daughter Nancy Constania Washington may if she chooses it taking her part Negro girl Betty.
Item I give unto my loving wife during widowhood my chariot but in case of her death or marriage I desire the said chariot may be sold and the money arising therefrom to be equally divided among my seven children before mentioned and the one which my wife now goes with.
Item whereas I have given my wife during her widowhood all my estate in order to enable her to maintain and educate all my children, and thinking that it may hereafter so happen that my said wife may marry, it is my will and desire that in case of such marriage that then she shall have enjoyed one third part of my estate during her life and at her decease such Dower estate shall go and pass as is herein before mentioned to my seven children and the child my wife now goes with.
Item I desire that my estate may not be appraised.
Lastly, I do hereby appoint my loving wife, my friends William Fitzhugh of Chatham, and Henry Washington (my nephew), executors of this my last will and testament, and guardians to all my children. In witness whereof I have hereunto set my hand and seal this third day of July 1785
Signed sealed and delivered in presence of
John Pierce, Alexander Somervail [Somervell] John Washington
At a court held for Westmoreland County the 26th day of June 1787 this will was proved according to law by the oaths of John Pierce and Alexander Somervail the witnesses thereto and ordered to be recorded; and on the motion of Constantia Washington the executrix therein named who made oath thereto according to law in together with Thomas Hungerford and Henry Washington her securities entered into and acknowledged bond with conditioned as the law directs, certificate is granted her for obtaining a probate thereof in due form
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WASHINGTON, JOHN, 3 July 1785; 26 June 1787. Estate for life to wife Constant and at her death to be sold and money divided among children; child unborn; dau. Sarah Harper 1 ring only as she has her estate; son William Henry seal with family arms on it; son Robert Lund Washington books and saddle; son Robert Townsend W. decd.; my seven ch. Thomas Terrett, William Henry, Thomas Lund, Robert Pitt, George, Louisa Fossaker, Nancy Constantia and child unborn. Exrs. William Fitzhugh of Chatham and my nephew Henry Washington.
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
1762 - 1805 (43 years)