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[genpcfr] Will of William Byrd III

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  • Michael Johnson
    from the Genealogical Publishing Company Virginia Vital Records Virginia Will Records -- from the Virginia Magazine of History and Biography, the William and
    Message 1 of 1 , Jul 1, 1999
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      from the Genealogical Publishing Company Virginia Vital Records
      Virginia Will Records -- from the Virginia Magazine of History and
      Biography, the
      William and Mary College Quarterly Historical Magazine, and Tyler’s
      Quarterly
      Historical and Genealogical Magazine. Indexed by Judith McGhan. Pages
      684-688.
      Excerpted fromt he “Will of Colonel William Byrd, 3d., with Notices of Him
      and
      Other Member of His Family,” VMHB IX (1901), 80-88.
      WILL OF WILLIAM BYRD III
      Colonel William Byrd, of “Westover,” third of the name, was son of
      Colonel William Byrd, of the same place, and his second wife Mary Taylor.
      He
      was born September 6, 1729; was for several years a member of the House of
      Burgesses for Lunenburg ounty, and in 1754 was appointed a member of hte
      Council; was commissioned Colonel of the 2d Virginia regiment in 1758 and
      was
      in active service on the western frontier during the French and Indian war.
      He was
      a liberal supporter of the turf, owning some of the most celebrated race
      horses of
      the day in Virginia, and in his way and other extravagance wasted much of
      the
      great estate left by his father. There are many traditions of the great
      amounts he
      won and lost at cards. In consequence of the involved conditions of his
      estate he
      sold by lottery his lots in Richmond and Manchester. He married first,
      April 14,
      1748, Elizabeth Hill, only daughter of John Carter, of “Shirley,” who died
      July 5,
      1760, and secondly, within six months after his first wife’s death, Mary,
      daughter
      of Charles Willing of Philadelphia, and died January 1, 1777.
      Colonel William Byrd had issue (1st marriage): 1. William, born August 2d,
      1749, a lieutenant in the 17th English regiment, died while travelling in
      France,
      July, 1771; 2. John Carter, born January 27, 1751, married the widow of
      William
      Randolph, of “Wilton,” and died with issue; 3. Thomas Taylor, born January
      17,
      1752, was a captain in the English army, married Mary, daughter of William
      Armistead, of “Hesse,’, Gloucester county; 4. Elizabeth Hill, born
      Novermber 29,
      1754, married first, James Parke Farley, second, Rev. John Dunbar, third,
      Colonel
      Henry Skipwith; 5. Francis Otway, born May 9, 1756, was an officer in the
      British
      Navy, but resigned at the beginning of the Revolution and offered his
      services to
      America. A complimentary resolution was passed by the Virginia convention,
      and
      in the same year (1775) he was appointed aid to General Lincoln. In
      January,
      1777, he was commisioned lieutenant-colonel 3d Virginia Light Dragoons and
      served through the war. Afterwards he was sheriff and clerk of Charles City
      county. He married Anne, daughter of Robert Munford, of “Richland,”
      Mecklenburg county. (Issued of Colonel William Byrd, second marriage): 6.
      Maria Horsmand, born November 26, 1761, married John Page, of “Pagebrook;”
      7.
      Ann Willing, born March 25, 1763; 8. Charlis Willing, born April 8, 1765,
      died
      August 1766; 9. Evelyn Taylor, born October 13, 1766, married Benj.
      Harrison, of
      “Brandon”; 10. Abby, born November 4, 1767, married Judge William Nelson;
      11. Dorothy, born ebruary 17, 1769, died 27th same month; 12. Charles
      Willing,
      born July 26, 1770, U.S. District Judge for Ohio, married Sarah Meade; 13.
      Jane,
      born January 17, 1773, married Carter H. Harrison; 14. Richard Willing, of
      Smithfield, Isle of Wight county, born October, 1774, died October, 1815,
      member
      of the House of Delegates 1804-6, married first, Lucy, daughter of Benj.
      Harrison,
      of “Brandon,” second, Emily Wilson; 15. William, Married Susan, daughter of
      Addison Lewis.
      The Will.
      In the name of God, Amen. I, William Byrd, of Westover, in the County of
      Charles City, being of sound mind & health of body, make this my last will &
      testament, bering date this sixth day of July, one thousand seven hundred &
      seventy-four.
      In the first place, unworthy as I am, I resign my soul in the hands of
      its unerring
      Creator in all humble hope of its eternal happiness thro’ the Infinite
      Goodness of
      my most Merciful God & thro’ the Merit & Interposition of my Blessed Saviour
      Jesus Christ our Lord.
      Next I desire my Body may be privately buried by the tomb of my sister
      Evelyn
      in the Old Church Yard. As to the remaining part of my Estate is has
      pleased God
      to bless me with, which thro’ my own folly & inattention to accounts, thro’
      carlessness of some interested with the management thereof & the villany of
      others,
      is still greatly incumbered with debts, which imbitters every moment of my
      life.
      My will & Desire in that a Hundred negroes & such part of the plate &
      household
      furniture as my dearest wife can conveniently spare, together with my
      Library and
      part of my Stocks of Horses, Cattle & Sheep, be immediately sold to pay my
      Just
      Debts, & likewise that all the Debts due me from my Trustees, managers &
      adventures in the Lottery, many of whom are still greatly in arrears, &
      Debts due to
      me in the Forge account, of which there are many to a great amount, be
      immediatly
      sued for & collected & applied to the above purpose. I likewise desire
      that the
      money due me from Colonel Chiswell may be disputed in my account with the
      late
      Mr. John Robinson, which I think in justice he ought to pay, the Attorney
      General
      has the papers. I desire Mr. Jerman Baker be employed to settle all the
      accounts &
      that he apply to all those who stand on the Forge Books & to all those who
      had
      Tickets in the Lotter either for themselves or dispose of to other people,
      to render
      him their accounts & produce receipts, as many hade done great Injustice
      therein.
      My will is also that my house in town be sold & a thousand pounds of the
      money
      be applied to pay Mr. William Allen for it, & the overplus to the payment of
      my
      Debts.
      I give to my dearest & best of Wives for her life, besides the deed she
      already
      had, the plantation of Westover & Buckland with all the remaining negroes &
      stocks of all sorts, & I likewise give to her so much of my Plate & the
      household
      furniture as she may choose to keep, together with my carriage & coach
      horses. I
      pray to almight God to bless her & continue her in health for many years & I
      am
      convinced from the Goodness of Heart I have experienced in her she will take
      the
      tenderest care of all my children. It is my will & desire that a the death
      of my
      dearest wife all my Estates, whatsoever, consisting of Land, Negroes, Stocks
      of all
      sorts, plate, books & furniture be sold as soon as convenient & the money
      arising
      from the sales thereof be equally divided among all my children that are
      alive at the
      time of my dear wife’s death, deducting from the share of thse I had by my
      first
      wife such sums as they may claim under the wills of my Deluded &
      superannuated
      Mother & my ungrateful son William, except the Ferry at the Falls left to my
      son
      John by his Brother William, which gift have confirmed. My will is that
      four
      hundred pounds sterling be deducted from the share of my son Tom as I have
      already paid that sum for his commission, & whatsoever sums I may hereafter
      pay
      to promote him in the army are to be deducted out of his Dividends.
      My will also is that five hundred pounds sterling be deducted from the
      share of
      my daughter, Elizabeth, having paid her husband, Mr. Farley, that sum under
      the
      Unjust will of my insane Mother.
      My will likewis is that if my son Otway should quit the Navy before the
      death of
      my Dearest wife that he shall not be entitled to any part of the above said
      money
      arising from the above said sales & in that case I give him one shilling
      sterling.
      My will alsi is that if my son Thomas Taylor should marry Susannah
      Randolph,
      the daughter of the present Attorney General, before the death of my dear
      wife that
      he shall not be entitled to any part of the aforesaid money arising from the
      aforesaid sales & in that case I give him one shilling sterling. My will is
      that the
      child Mrs. Byrd now goes with shall share equally with the rest of my
      children.
      Should any of my childre be dead before my wife & leave lawful Issue, the
      share of
      my deceased child shall go to them & be equally divided among them. If my
      dearest wife should die before any of the children I have by her are married
      or
      come of age my will is that their share of the money aforesaid be put into
      the hands
      of Mr. Thomas Willing, of Philadelphia, if he be living, otherwise in the
      hands of
      Mr. Richard Willing,. to be put to Interest for their use & maintenance, & I
      most
      earneslty recomment them to their care & protection. I pray God to bless &
      preserve them all & am unhappy that I can do no more, which has shortened my
      days by many years. I give to my son John over & above that he may share of
      the
      money aforesaid all my right to the mines in Fincastle known by the name of
      Chiswell mines & two thousand acres I claim under his Majesties Proclamation
      of
      1763. I likewise give to him his choise of ten Negroes after my wife has
      chosen
      such as she pleases. I give to my son tom a tousand acres of land I claim
      under the
      same Proclamation & his share of the money aforesaid, but upon the
      conditions
      aforesaid. I give to my son Otway over & above the money aforesaid, a
      thousand
      acres fo the land I claim under this same Proclamation, but upon the
      conditions
      aforesaid. I give to my son Charles, who never offended me, a thousand
      acres of
      land int he County of Fincastle, known by the name of the Salt Springs, &
      which
      was surveyed for me by mr. Arthur Campbell, being part of the land I claim
      under
      his Majesties Proclamation of 1763. I likewise five him his man Tom &
      little Jack
      White & his choice of two negreo girls, over above his share of the money
      aforesaid. I give to my daughter Elizabeth, Rachel & her family, over &
      above her
      share of the money aforesaid, making the deduction aforesaid. I give to my
      daughter Molly, Eleanor & Cate’s Sarah, over & above her share of the money
      aforesaid. I give to my daughter Anne, Thomas’ Hannah & Nancy’s Nanny,
      over
      & above her share of the money aforesaid. I give to my daughter Evelyn,
      Jack’s
      Sally & Garett’s Patty, over & above her share of the money aforesaid. I
      give to
      my daughter Abby, Statia’s Aggy & Tom’s sister Judith, over & above her
      share of
      the money. I give to my daughter Jenny & and the child my wife now goes
      with
      two negre girls apiece ver & above their share of the money aforsaid. I
      give to
      Mary Willing Robertson, the daughter of Anne Campbell, of Winchester, two
      hundred pounds, is som much remains, from the sails, Debts & c. after paying
      my
      just Debts. Tis my earnest desire that my faithfull servan Jack White, be
      set free
      on the Death of my belove Wife, for he has not only been the best of
      servants to
      my but has on different occasions save me from the grave. I entrust this
      matter
      may be recommended to the Governor & Council. My desire is that the
      meadows
      may be carfully kept up, because they are invaluable & will make Westover
      sell for
      a much again. I do hereby appoint my dearest wife, he Brothers, my worthy
      friends thomas Willing, Esq., & Charles Willing, Esq., Richard Willing,
      Esq., &
      James Willing, Esq., guardians to all my children under age at the time of
      my
      death. If my beloved wife should choose to take the trouble of the
      Executrix of
      this my last will, then I appoint her my Sole Executrix, but fear it will be
      too
      troublesome an office for her. If she declines it I do hereby appoint my
      son John
      Carter Byrd & my good fried Mr. Patrick Coutes, Executors of this my last
      Will &
      testament. In witness whereof I have hereunto set my hand & seal, this
      sixth day
      of July 1774, as dated above & on the other sheet to which this is tacked.
      The above was signed, sealed & published, delivered & declared, &
      pronounced
      by the said William Byrd as his last will & Testament in presence of us--
      William Glen,
      James Littlepage,
      John Johnson
      At a court held for Charles City at the Court House, Wednesday, the 5th
      day of
      Frebruary, 1777.
      The last will & Testament of William Byrd, Esq., deceased, was proved by
      the
      oaths of William Glen, James * * *




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