Charles City County Order Book, 1694-1700, image 25
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186 lands Tenements & hereditaments wtsoever or whersoever to me belonging I give unto my sd son John Stith and to his heyres for ever excepting all that tract or parcell of land that is mine lying on the Northside of the Eastern branch of Herin Creek, which with the houses and all and every the apurtenances therunto belonging I give unto my son Drury Stith & to his heyrs for ever
Item. I give and bequeath to my Daughter Jane the now wife of Capt David LLuellin the sum of five pounds sterl. in full of all she may or can claime as a childs part in mine estate.
Item. I give and bequeath unto my Daughter Ann the now wife of Mr Robert Bolling the sum of tenn pounds sterl. in full of all she may or can claime as a child's part in mine estate.
Item I give unto my daughter Agnes the now wife of Mr Thomas Wynn the sum of fifteen pounds sterl. in full of all that she may or can claime as a childes part in mine estate.
Item. After my Debts and Legacies are pd. I give all the remainder of my personall estate to be equally divided between my loveing wife Jane Stith and my sd Two Sonns John and Drury Stith. And my will is that my son Drury shall take his Share in my estate out of those Goods and Chattells being at the plantacon before to him bequeathed as far as the same shall amount, And if they Surmount his share then ye surplus to be apporconed to the other two sharers in my estate. And I doe hereby Make and Ordain my sd Wife Jane and my sd two sons John & Drury Stith joynt Executors of this my last Will & Testament. Lastly. I give to my loveing freind Hugh Davis twenty shillings sterl. to buy him a ring. And if any difference shall happen to arise in the settlement or Divission of my sd estate between my sd wife Jane and my sd Sons John & Drury Stith. then I doe hereby request and appoynt my sd sd friend Hugh Davis to decide and Compose such difference betwixt them. And if either of my sd Executrs shall dislike such composure as the sd Davis shall make therin that then the party soe disliking shall for ever therafter have noe right of Executorship in this my will (any thing herein Conteined to the contrary therof Notwithstanding) but the party or partys of my sd Execurs: agreeing with the sd settlement made by the sd Davis shall have the whole Executorship of this will. And he she or they to alott the disagreeing party or parties, his her or their full proporcon in my estate in such goods or comodities as the other party or partyes (agreeing with the sd Davis) shall thinke fitt to appoynt. In Wittnes wherof. I have hereunto sett my hand and seal this 13 day of November 1690 and in the second Year of the Reign of our Soveraign Lord & Lady William and Mary King & Queen of England &c.
[right aligned] John Stith [seal] seale
Signed sealed dellivered & declared as his last Will and Testamt in pnce of James Batty Frances FH Battys mark. John Jay Hugh Davis.
[right aligned] Aprill 3 1694 This Will of John Stith senr late of Westover parish decd prooved by the oathes of James Batty and Frances Batty is Ordered to be Recorded. Test. James Minge Cl Cur.
Heere Recorded accordingly. P James Minge Cl Cur.
A probate of the last Will and Testamt of John Stith senr late of Westover decd with a Codecill anexed is granted to Jane his relict and to John and Drury Stith sons of Deced: Execurs named in the sd Will. Test. James Minge Cl Cur.
The Codecill. followes. Wheras I John Stith senr of Charles Citty County Gent have for some years past made my Last will and Testamt in writeing and therin apoynted that my estate should be divided in three parts