The Life of John Marshall Volume I Part 56

I

WILL OF THOMAS MARSHALL, "CARPENTER"

In the Name of G.o.d Amen! I, Thomas Marshall of the County of Westmoreland of Was.h.i.+ngton Parish, Carpenter, being very weak but of perfect memory thanks be to G.o.d for it doth ordain this my last will and testament in manner and form following, first I give and bequeath my soul into the hands of my blessed Creator & Redeemer hoping through meritts of my blessed Saviour to receive full pardon and remission of all my sins and my body to the Earth to be decently bur-yed according to the discretion of my Executrix which hereafter shall be named. Imps. I make and ordain my well beloved wife Martha Marshall to be my full and whole Executrix--Item, I will that my estate shall remain in the hands of my wife as long as she remain single but in case she marrys then she is to have her lawful part & the rest to be taken out of her hands equally to be divided among my children--Item, I will that if my wife marry, that David Brown Senr. and Jno. Brown to be guardians over my children and to take the estate in their hands bringing it to apprais.e.m.e.nt giving in good security to what it is valued and to pay my children their dues as they shall come to age. Item--I will that Elizabeth Rosser is to have a heifer delivered by my wife called White-Belly to be delivered as soon as I am deceast--Item, I will that my son William Marshall shall have my plantation as soon as he comes to age to him and his heirs forever, but in case that my son William die before he comes to age or die without issue then my plantation is to fall to the next heir apparent at law.

THOMAS MARSHALL (Seal)

Test EDW: TAYLOR, JOHN HEARFORD, JOHN TAYLOR.

{ At a Court held for the said County the WESTMORLD: SS. { 31st day of May 1704.

The last will and testament of Thomas Marshall within written was proved by the oaths of John Oxford and John Taylor two of the witnesses thereto subscribed and a Probat thereof granted to Martha Marshall his relict and Executrix therein named.

Test IA: WESTCOMB Cler. Com. Ped.

Record aty: s.e.xto die Juny: 1704. Pr.

_Eundm Clerum._

A Copy. Teste: ALBERT STUART, Clerk.

By: F. F. CHANDLER, Deputy Clerk.

[A Copy. Will of Thomas Marshall. Recorded in the Clerk's Office of the Circuit Court of Westmoreland County, in Deed and Will Book no. 3 at page 232 _et seq._]

II

WILL OF JOHN MARSHALL "OF THE FOREST"

The last will and testament of John Marshall being very sick and weak but of perfect mind and memory is as followeth.

First of all I give and recommend my soul to G.o.d that gave it and my Body to the ground to be buried in a Christian like and Discent manner at the Discretion of my Executors hereafter mentioned? Item I give and bequeath unto my beloved daughter Sarah Lovell one negro girl named Rachel now in possession of Robert Lovell. Item I give and bequeath unto my beloved daughter Ann Smith one negro boy named Danniel now in possession of Augustine Smith. Item I give and bequeath unto my beloved daughter Lize Smith one negro boy named Will now in possession of John Smith. Item I give and bequeath unto my well beloved wife Elizabeth Marshall one negro fellow named Joe and one negro woman named Cate and one negro woman named pen after Delivering the first child next born of her Body unto my son John until which time she shall remain in the possession of my wife Likewise I leave my Corn and meat to remain unappraised for the use of my wife and children also I give and bequeath unto my wife one Gray mair named beauty and side saddle also six hogs also I leave her the use of my land During her widowhood, and afterwards to fall to my son Thomas Marshall and his heirs forever. Item I leave my Tobacco to pay my Debts and if any be over for the clothing of my small children. Item I give and bequeath unto my well Beloved son Thomas Marshall one negro woman named hanno and one negroe child named Jacob?

Item I give and bequeathe unto my well beloved son John Marshall one negroe fellow named George and one negroe child named Nan. Item. I give and bequeathe unto my beloved son Wm. Marshall one negro woman named Sall and one negro boy named Hanable to remain in the possession of his mother until he come to the age of twenty years. Item I give and Bequeath unto my Beloved son Abraham Marshall one negro boy named Jim and one negroe girl named bett to remain in the possession of his mother until he come to the age of twenty years. Item I give and Bequeath unto my Beloved daughter Mary Marshall one negro girl named Cate and negro boy Gus to remain in possession of her mother until she come to the age of Eighteen years or until marriage. Item, I give and Bequeath unto my beloved Daughter Peggy Marshall one negro boy named Joshua and one negro girl named Liz to remain in possession of her mother until she come to the age of Eighteen or until marriage! Item. I leave my personal Estate Except the legacies abovementioned to be equally Divided Between my wife and six children last above mentioned. Item I const.i.tute and appoint my wife and my two sons Thos. Marshall and John Marshall Executors of this my last will & testament In witness hereof I have hereunto set my hand and fixed my seal this first day of April One thousand seven hundred and fifty two.

JOHN MARSHALL (Seal) Interlined before a.s.signed.

BENJAMIN RALLINS } WILLIAM HOUSTON } AUGUSTINE SMITH }

{ At a Court held for the said County the WESTMORLAND SCT. { 26th day of May 1752.

This Last will and testament of John Marshall decd. was presented into Court by Eliza. his relict and Thomas Marshall two of his Executors therein named who made oath thereto and being proved by the oaths of Benja. Rallings and Augustine Smith two of the witnesses thereto is admitted to record, and upon the motion of the said Eliza. & Thos. and their performing what the Law in such cases require Certificate is granted them for obtaining a probate thereof in due form.

Test GEORGE LEE C. C. C. W.

Recorded the 22d. day of June 1752.

Per G. L. C. C. W. C.

A Copy. Teste:

FRANK STUART, Clerk of the Circuit Court of Westmoreland County, State of Virginia.

[A copy. John Marshall's Will. Recorded in the Clerk's Office of Westmoreland County, State of Virginia, in Deeds and Wills, no. 11, at page 419 _et seq._]

III

DEED OF WILLIAM MARSHALL TO JOHN MARSHALL "OF THE FOREST"

This indenture made the 23d day of October in ye first year of ye reign of our sovereign Lord George ye 2d. by ye. grace of G.o.d of Great Brittain France & Ireland King defendr. of ye faith &c. and in ye year of our Lord G.o.d one thousand seven hundred & twenty seven, between William Marshall of ye. County of King & Queen in ye. Colony of Virginia planter of the one part & John Marshall of ye. County of Westmoreland Virginia of the other part: WITNESSETH that ye sd. William Marshall for and in consideration of ye. sum of five s.h.i.+llings sterling money of England to him in hand paid before ye sealing & delivery hereof ye.

receipt whereof he doth hereby acknowledge & thereof & of every part thereof doth hereby acquit & discharge ye. sd John Marshall his heirs Exectrs & administrators by these presents, hath granted bargained & sold & doth hereby grant bargain & sell John Marshall his heirs Exectrs administrs & a.s.signs all that tract or pa.r.s.el of land (except ye pa.r.s.el of land wch was sold out of it to Michael Hulburt) scitute lying & being in Westmoreland County in Was.h.i.+ngton parish on or near Appamattox Creek & being part of a tract of land containing 1200 acres formerly granted to Jno: Was.h.i.+ngton & Tho: Pope gents by Patent dated the 4th Septbr.

1661 & by them lost for want of seating & since granted to Collo.

Nicholas Spencer by Ordr. Genll. Court dated Septbr. ye 21st 1668 & by ye said Spencer a.s.sign'd to ye. sd. Jno: Was.h.i.+ngton ye 9th of Octobr.

1669 which sd. two hundred acres was conveyed & sold to Thomas Marshall by Francis Wright & afterwards acknowledged in Court by John Wright ye.

28th day of May 1707 which sd two hundred acres of land be ye. same more or less and bounded as follows beginning at a black Oak standing in ye.

southermost line of ye sd. 1200 acres & being a corner tree of a line that divideth this two hundred acres from One hundred acres of Michael Halbarts extending along ye. sd southermost lines west two hundred poles to a marked red Oak, thence north 160 poles to another marked red Oak thence east 200 poles to a black Oak of ye sd. Halberts to ye place it began, with all houses outhouses Orchards water water courses woods under woods timbers & all other things thereunto belonging with the revertion & revertions remainder & remainders rents issues & yearly profits & every part & parcell thereof. To have and to hold ye. sd. land & premises unto ye. sd John Marshall his heirs Executors Administrs & a.s.signes from ye. day of ye date thereof for & during & untill the full end & term of six months from thence next ensuing fully to be compleat & ended to ye. end that by virtue thereof & of the statutes for transferring uses into possessions ye. sd John Marshall might be in actual possession of ye premises & might be enabled to take and accept of a grant release of the same to him ye. sd John Marshall his heires & a.s.signes forever. In Witness whereof the parties to these present Indentures interchangeably have set----hands & seals ye. day & year first above written.

WM MARSHALL (seal)

Signd. Seald & d'd in sight & presence of-- } FRANCIS LACON, JANE LACON, THOMAS THOMPSON }

WESTMORLD. SS. } At a Court held for the sd. County the 27th } day of March 1728.

William Marshall personally acknowledged this lease of land by him pa.s.sed to John Marshall to be his proper act and deed, which at the instance of the sd. John Marshall is admitted to record.

Test G. TURBERVILE, C.C.W.

Recorded the 29th day of March 1728.

Pr.

G. T. C. C. W.

A Copy. Teste:

FRANK STUART, Clerk of the Circuit Court of Westmoreland County, State of Virginia.

[A copy. William Marshall to John Marshall. Deed. Recorded in the Clerk's Office of Westmoreland County, State of Virginia, in Deeds and Wills, no. 8-1, at page 276.]