In the name of God Amen; I Carr Bailey of the County of Fauquier, being sick and weak but in perfect sense and memory, do make this my last Will and Testament in the following manner. I promise and command my soul to almighty God, hoping through the merits of my blessed saviour to receive a happy resurrection. And as to what worldly Estate I am proprietor of, I give and dispose thereof in the following manner.
Towit; I give and devise to my loving wife, Mary Bailey, my whole Estate, real and personal during her widowhood. And after her marriage or decease, my desire is that my land be sold and the money arising there from be equally divided among my children, or such of them as shall be living.
Item; I give and devise to my son James (after marriage or decease of his mother) one Negro boy named Soloman, to him and his heirs forever.
Item; I give to my son Carr (after the marriage or decease of his mother) one Negro boy named Tom, to him and his heirs forever.
Item; I give to my son Minter (after the marriage or decease of his mother) one Negro boy named Bacchus, to him and his heirs forever.
Item; I give and devise to my son William (after the marriage or decease of his mother) one Negro woman named Sarah, and her increases to him and his heirs forever.
Item; I give and devise to my son John (after the marriage or decease of his mother) one Negro girl named Tursley, to him and his heirs forever.
Item; It is my Will and Desire that my children shall be maintained out of the profits of my Estate and also after the marriage or death of said wife, my whole Estate that shall be then left, be equally divided among all my children or such of them as shall be living. And as the boy Soloman before devised to my son James, is sickly, my Will and devise is that in case this Negro should die before the division of my Estate, in that case I give and devise to my son James one
Negro man named Bob, to him and his heirs forever. And lastly I hereby appoint my wife Mary executor and my friend George Rogers and Joseph Minter joint executors to this my last Will and Testament, hereby revoking all other Wills by me here before made. In witness whereof I hereunto set my hand and seal this sixth day of October 1770.
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Sealed, published and declared) |
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by Carr Bailey to be his last ) |
Carr (x) Bailey |
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Will and Testament in presence of) |
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Humphrey Brooke:
William Hampton:
Charles Morehead:
John Bailey:
At a Court continued and held for Fauquier County the 28th. day of May 1771; This Will was proved by oath of William Hampton and Charles Morehead as witness thereof and ordered to be recorded and motion of Mary Bailey and Joseph Minter, Towit; who made oath and acknowledged bond as the law directs, certificate is granted them for obtaining a probate thereof in due form and George Rogers the other Executor therein named refused to take upon the brethren of the execution thereof.
Teste:H. Brookett
Note; Mary Bailey named in this Will was Mary Minter sister of John Minter. Joseph Minter named in this Will was the father of Mary and John Minter. Also of note, Minter Bailey named in this Will was the father of Mary Bailey who married William P. Minter. This will has been typed in this form, taken from a notarized copy of the original document on file with the County Clerk of Fauquier County, Virginia.
Dennis L. Minter