VA, Culpeper Co., Will Book A, pp. 313-315   {6503}

Will of Francis Kirtley
Dated:  22 Nov 1762
Proved:  17 Mar 1763
Description:  see below
Executors:  Margaret Kirtley [#/1], William Kirtley [#1], Thomas Kirtley [#2], Francis Kirtley [#3], & James Kirtley [#4]
Witnesses:  John Hume, Jonathan Cowherd [#5/1], Richard Griffin, Benjamin James, & James Cowherd

"In the name of God Amen, I Francis Kirtley being, through the abundant mercy of God in perfect health of body & mind, & of perfect senses Blessed be God but Calling to Mind ye certainty of Death and the uncertainty of life Do therefore constitute & appoint this to be my last Will and Testament & desire it may be received by all as such and I do Utterly Revoke all former Wills by me heretofore made.
Imprimis I give my Body to the Ground from whence it was taken in full Assurance of its Resurrection at the last Day & as for my burial I desire it may be Decent without Pomp or State at the Discretion of my dear wife & executors hearafter Named.
Item  I give & bequeath to my Dearly Beloved Wife Margaret Kirtley [#/1] one Negro Girl named Luck to her & her heirs forever.  Also I lend my Dearly Beloved Wife during her life one Negro fellow Named Shaddach & one Negro Wench Named Doll, one Feather Bed & furniture her Choice, one Chest, two Pots, two Dishes half a Dozen Plates two Basins, one pail & Piggin, two Cows & Calves her Choices - half a Dozen Sheep, one mare known by the name of Pleasure & her Saddle, half a Dozen Chairs, & the rents of the Lands & Plantations whereon John Mocarlie & John Forester now Lives during her life & after her Decease the Land wheron John Mocarlie lives to fall to my Son William Kirtley [#1] & the Land Whereon John Forester lives to fall to my son James Kirtley [#4] to them and their heirs forever & the remainder to be sold to the Highest Bidder & the Money to be Equally Divided among my Children William Kirtley, Thomas Kirtley [#2], Francis Kirtley [#3] & James Kirtley, Sarah Cowherd [#5] and Mary Collins [#6]. 
Item  I give & bequeath to my son William Kirtley the lott of land whereon John Mecarlie Now lives lying below Farrier Run  (or Farrow Run) to him & his heirs forever. 
Item - I give and bequeath to my son Thomas Kirtley one hundred & Eighty Acres of Land joining the Corner of John Delany & Joseph Bosson from thence to the North of Garths Run lying on the South Side of Stanton River Joining Stanton's line & one Bed & furniture his Choice after my wife's Choice - 
Item, I give & Bequeath to my son Francis Kirtley one Tract of land lying on the Blue Ridge on the head of the South River in Orange County like wise twelve Estates of Land in Augusta County to him and his heirs forever - 
Item  I give and bequeath unto my son James Kirtley all the Remainder of the Tract of Land whereon I live together with two hundred Acres of Land that I Bought of George Hume, one Negro Boy Named George & one Negro Girl Named Hinney to him & his heirs forever.
Item, I give & Bequeath to my Daughter Mary Collins three Hundred & Ten Acres of Land lying on the Branches of  Conway Joining Conway's land to her and her heirs Forever -
Item, It is my Desire that Jonathan Cowherd [#5/1] shall Keep the Plantation & Land whereon he now lives & Quietly Possess the same till the year One Thousand seven hundred & Sixty Eight for the Rent of his Plantation at Swift Run Gap which Rent is to be paid to James Kirtley
Item, I leave all the Remainder of my Estate Lands, Negros, Goods & Chattel to be sold to the Highest Bidder at Twelve Months Credit and the Money thereby arising to Discharge all my just Debts & the Remainder to be Equally divided among my Dear Wife & Children before Named.
Lastly I constitute & appoint my Beloved Wife Margaret Kirtley, William Kirtley, Thomas Kirtley, Francis Kirtley & James Kirtley Executors of this my Last Will and Testament in Witness wherof I have hereunto set my hand and seal this 22nd Day of November, 1762.

Francis + Kirtley  LS

[The plus sign is not the "X" signiture of an illiterate person, which would usually be accompanied by the note: His Mark.  The plus sign is a cross with loop at the bottom as in the letter J.  This may be the sign of the cross made upon the letter J, standing for Jesus Christ, and indicating the Christian faith of Francis Kirtley. L.S is an abbreviation for the Latin: Locus Sigilli, the place of the seal.The original will would have been hand copied by the county recorder into a large ledger book, and the location of a seal on the original could have been indicated by L.S. or by simple writing the word "seal" surrounded by a wavy circle.]

Signed Sealed & Delivered
In the Presence of 
John Hume
Jonathan Cowherd
Richard Griffin
Benjamin James
James Cowherd

At a Court held for the County of Culpeper on Thursday the 17th Day of March 1763 This last will and testament of Francis Kirtley deceased was Exhibited to the Court by William Kirtley, Thomas Kirtley, & Francis Kirtley three of the Executors thereto Named and was heard by the oaths of Richard Griffin, John Hume Benjamin James & James Cowherd Witnesses thereto ordered to be Recorded and on the motion of said Executors Certificate is Granted them for obtaining a Probat thereof in Due form may having sworn to the same and given Bond and security According to the Law the other Executors in the said will mentioned came into Court and refused to take the Burden of the Execution thereof.

Teste
Roger Dixon  Atty."

[Note: This transcription of the will was provided by Steve Kirtley – steve.kirtley@compaq.com.] 

Culpeper Co., Will Book A, pp. 326-329

Estate of Francis Kirtley
"In obedience to an odrer of Court to us directed we the Subscribers being first sworn have appraised the Estate of Francis Kirtley decd. Items listed and valued to total £ 951.19.10 Inventory includes 16 negroes appraised to £ 653.0.0 made by appraisers William Walker, James Rucker and Ephraim Rucker. April 21st 1763. Returned into Court and ordered to be recorded."