VA, Augusta Co., Will of Francis Kirtley [#3]   {7758}

[Note: This is a transcription of what appears to be the original will found in the probate files, not the recorded will. This was provided by Nina Scholtz - nbjere@aol.com. The will was recorded in Augusta County Will Book 4, p. 283, or Will Book 5, p. 282. (The citations given in two different genealogical books are inconsistent. The correct citation and an abstract of the recorded will needs to be provided here to compare against the actual will.)] MBA

Dated:  4 Aug 1774
Proved:  15 Nov 1774
Description:  see below
Executors:  Elezebeth Kertly [#3/1], Francis Kertly [#31], & John Kertly [#33]
Witnesses:  William Kirtley [#1], James Coursey, & Jeane Crawford

"[Outside] Fras. Kirtleys Will Recorded.

[Inside]
In the name of God Amen.  I Francis Kertley of the County of Augustia and Collony of Virginia of perfect mind & memory But Calling to mind the Uncertainty of this Life and that All men must Die & heare By Revocking & Disanulling All former & Other wills & Testaments heare to fore By me made & Declaring Do make Ordaine publish & Declare this my Last will & Testament in manner & forme following that is to say First & prinsepally Being sorry & penetent for my sins I commit my sole into the hands of the Almighty god in home & By whose mercy I trust & assuredly Believe to Be saved:  And my Bodey I Commit to the Earth to Be Decently Buried By & at the Descretion of my Executors hearein After Named & for the Disposing of such Temporal Estate which it hath pleased god to Bless me with I Do give Devise and Dispose of the same in manner & forme following that is to say)    
Inpremis.  I Lend & Devise to my Beloved wife Elezebeth Kirtley [#3/1] the place that my youngest son is to have During her Life or widowhood & nesserseries of Stock & hous hold furniture for the [Uce?] of this place     
Item: I give & Devise to my son Francis Kirtley [#31] the Lands at the foot of the mountains where I formerly Used to Live [On in?] this County Containing Eleaven hundred Acres and the place that Thomas [Barney?] Now Lives On & to his heirs & One Negro Man named Big Jason & Jack & Fillis & Venus & Diner   
Item I give & Devise to my son John Kertley [#33] three Tracks of Land in Orange County known by the Name of Bryans Trackt goldings Track & maddeys Containing six hundred acres & also a place called the grape Thicket in Augustia County & the Land On Nacked Creak of my part of the Land where [Rulin?] Reach Lives to him And his heirs & the negroes named Peter Smith [Knat?] Jeane & Little Jason   
Item I give & Devise to my Daughter Eleazebeth Kertley [#35] the Land I Bought of Eastises Estate known by the name of Purkeys Old Mill place to her & her heirs   
Item I give & Devise to my son honourias Powell Kertley [#34] the Land which Lies on the south side of Buns Run marked By three poplars it Being one part of the Land I Now Live on to him & his heirs
Item I give & Devise to my son Sinkler Kertley [#32] all the Land that I own on the north side of Buns run and from them three poplars above named to him & his heirs   
And the Other part of my Negroys I Lend to my wife Elizabeth Kertley first & give to my son honourias Powell Kertley & my Daughter Elizabeth Kertley & my son Sinkler Kertley the negroes named Robert Mose Rafe [Crumil?] fanney mary Joseph Captain Boson grigory grace [Calomy?] Essix Caroline & fann when Honourias Powell Kertley comes of the age of twenty one years the Sd. negroes & theire increas to be Equally Divided Among my wife & the three youngest of my Childring Last named And I Also Desire that my Brother William Kertley [#1] may be Called Upon to Chuse Out my son Sinklers part of the [eight?] of the Sd. Negroes if he is Living & if the sd. Wm. Kertley is Deseased it is to Be Chosen by som Other person that shall be thought proper & able for the sd. Bisness of the Remaining part of my moveble Estate to Be sold at twelve months Credit & that After my Just Debts is Discharged the Over plush? of the money to Be Equally Devided Between my wife & Childring 
And it is also my Desire that if Eighther of my Above named Childring should Die with out heirs Lawfully Begotton of their Bodeys that theire part of the Above Estate should fall to the Other of my Children to Be Equally Devided & its my Desire that After my Beloved wife Elezabeth Kertley Departs This Life that her Estate should be Equally Devided among the hole of my Children 
Witness whare of I have heare Unto set my hand and seale this fourth Day of August in the year of Our Lord One Thousand seven hundred & seventy foure   

Signed sealed & published in the presents of Us

N.B: it is also my Desire that my wife Elezebeth Kertly & my son Francis Kertly and my son John Kertly should be Executors to my Estate

                            [signed] Francis Kirtley

Test
William Kirtley
James Coursey
Jeane X Crawford

[outside]
At a court held for Augusta County November the 15th 1774 This last Will and Testament of Francis Kirtley deced was was Proved by the Oaths of the Witnesses thereto and Ordered to be Recorded and Elizabeth Kirtley the Executrix therein named having refused to take upon her the burthen of the Est. of the said Will) on the motion of Francis Kertley one of the Exs. therein Named who made Oath According to Law Certificate is Granted him for Obtaining a Probat thereof in due form he haveing with Secys. entered into & Ackd. their Bond According to Law and Eliza. Kirtley the Widow of the sd. Francis Kirtley came into Court and Refused to Accept of anything Bequeathed her by her said Husband
                        Test."