Will of Joseph Mays

Augusta County Will Book 11, page 336

In the name of God Amen. I Joseph Mays Senior of the County of August & State of Virginia tho indisposed in body yet of a sound Mind & Memory calling to mind the uncertainty of human life & that it is appointed all Men to die do make this my last will & Testament in the manner & form following, Viz

I Commit my Soul to the hands of Almighty God who made it & my body to be decently buried at the direction of my Executor or Executors & it is my will that after my funeral expenses are discharged out of my Estate real or personal & all my lawful debts also discharged out of my Estate real or personal I Say it is my will that the remainder of my Estate whether real or personal be divided in the manner & form following ~. Item It is my will & I do will & bequeath to my beloved wife Rebekah her thirds agreeable to the law of our State together with her support or living out of the estate during her widdowhood, or natural life ~ Item As my son James & my daughter Ester deceased & my daughter Rebekah are all provided for my will is that each of them or their heirs shall have one english Shilling paid them by my Executor or Executors ~ Item As my son Joseph & I have been connected in theh purchase of certain Negroes viz Frank, Milla & a Molata child named Reubin & as part of the purchase was paid by me & the remainder by my son Joseph we agreed that he was to have Frank & Milla & I to have Reubin & the first Child she might bear after purchase ~ now my will is that in case my son Joseph complieth with & fulfileth the bargain made respecting the negroes before mentioned my will is that after my deceased my Son Joseph shall have the land upon which I now live Containing in one Survey 182 acres & an entry of 163 acres also a survey ajoining David Frame at the read holes of 125 acres but in case my son Isaac requireth It my son Joseph is to let him have for six years 6 or 7 acres of plan land clear with the meadow ajoining the east end near to a Cabbin where Michael Francisco formerly & together with 3 acres down the river which is now clear but in case my son Joseph doth (the word not apparently is missing here) comply with the above bargain respecting the negroes then my will is that he shall not possess or enjoy any part of my lands whatever but that my lands shall be equally divided between my son Isaac & my Daughter Nancy & my son Joseph shall have one english shilling paid him by my Executor or Executors. Item I do will to my son Isaac one bond upon Mathas Kissinger in Greenbriar County & State of Virginia the Contents of said bond seventy pounds also 7 will an entry of Land down the river containing eighty odd acres together with 3 acres on the opposite side of the river & in case my son Joseph complieth with hs bargain in the negroes I will also to Isaac A Molato boy Named Reubin ~ Item I also will be my Daughter Nancy one half of an entry near the lumberhouse & the remaining half to Isaac also to Nancy one Negro girl named Nell in case Joseph Complyeth with his bargain ~ Item I will that the legatees my wife Rebekah my Son Joseph, Nancy & Isaac be equal sharers in my moveable property Except one Cow to my sister Sarah & a sorrel mare to Archibald ~ Lastly I do appoint in this my last Will & Testament Executors Col John Dickinson & Richard Mays & in case they might refuse to serve I do desire the worshipful court of August may appoint whom the may think proper. Signed in presence of Witnesses. July 25^th 1786

Joseph Mays, his mark

Robert Hall, Samuel Shannon- his mark

We the whole of the within Mentioned Legities do hereby acknowledge to have Recd. Each of our full shear or parts of the whole moveable Estate or property of the within mentioned by a Just fare & honest Divide agreeable to the Contents of the within will & fully to each of our satisfactions, given under our hands this 4^th April 1787.

Witness Present

John Dickinson Rebeccah Maze, her mark

Richard Maise Joseph Maze

Samuel Shrewsbury Nancy Shad

Isaac Maze

At a Court held for Augusta County June 21^st 1791. This last will & Testament of Joseph Maze Senior deceased was presented in Court by John Dickinson one of the Executors therein named & proved by the oath of Robert Hall one of the witnesses thereto.

The Commonwealth of Virginia To Lyddall Wilkinson & Thomas Steverson Gentlemen Justices of Woodford County State of Kentuckey, greeting; Whereas the writing hereto annexed purporting to be the last will & testament of Joseph Mayes deceased hath been offered for proof to our County Court of Augusta: & Sammuel Shannen one of the witnesses attesting the same resides out of this Commonwealth: Know ye, therefore that we trusting to yor fidelity & provident circumspection in dilligently examing the said Samuel Shannen, require you in pursuance of the order of our said County Court, that on such day & at such place as you shall appoint, you cause the said Samuel Shannon to come before you, & take his attestation on the Holy Evangelist of Almighty God, or upon his solemn affirmation, as the Case may require, & that his attestation to our said County Court of Augusta distinctly & plainly, without delay you do certify, in the manner such arts are usually authenticated by you, & safely send enclosed, returning also the writing & this writ. Witness Erasmus Stribling, Clerk of our said Court at the Courthouse the 26^th day of August 1812 and in the 37^th year of the Commonwealth.

Erasmus Stribling C

State of Kentucky Woodford County (To Wit) This day personally appeared before us Justices of the peace for the County aforesaid Samuel Shannen & made Oath that Joseph Mays Acknowledged the annexed Instrument to be his last will & Testament & that he was of disposing mind & memory & that he authorized his name to be Subscribed thereto in his presence ~ Given under our hands this 5^th day of April 1813 -------------

Tho. Stevenson J.P.

Lyddall Wilkinson J.P.

State of Kentucky Woodford County

I John McKinney Junior Clerk of the County Court for the County aforesaid do hereby certify that Thomas Steverson & Lyddal Wilkinson Esqrs. Whose names are subscribed to the annexed certificate are Justices of the peace for the County aforesaid duly commissioned & due faith & credit is & ought to be given to all their official acts. In Testimony whereof I have hereunto set my hand & affixed the seal of my said office this 3^rd day of May 1813 & in the 21^st year of the Commonwealth.

John McKinney Jr. C.W. C. B.

State of Kentucky Woodford County I Marquis Calmer presiding Justice of the peace for said County do hereby certify that John McKinney Junr whose name is signed to the above certificate is Clerk of the County Court for the County aforesaid & his certificate is in due form of law Given under my hand & seal this 13^th day of May 1813 and in the 21^st years of the Commonwealth.

Marquis Calmer

At a Court held for Augusta County March the 28^th 1814

This last will & Testament of Josh. Maze deceased having been heretofore proved in Court by Robert Hall a witness thereto, was this day again presented in Court together with the commission annexed for the proof of the said will by Sammuel Shannen another witness thereto & the certificates of its due execution & together with the said commission & certificates are ordered to be recorded.

Teste

Erasmus Stribling. CC