VA, Madison Co., Will Book 1, p. 203   {6504}

Will of Thomas Kirtley [#2]
Dated:  6 Sep 1798
Proved:  24 Jan 1799
Description:  see below
Executors:  Francis Kirtley [#21], Thomas Kirtley [#22], James Kirtley [#29], John Miller [#28/1]
Witnesses:  Mary Walker [#133/1], Charles Hann, John Blakey [#56/1], Pleasant Kirtley [#211]

"In the name of God, Amen, I Thomas Kirtley Senr of the County of Madison and of the state of Virginia being at present (in health) and soundness of mind thanks be to almighty God for the same but calling to mind the certainty of death and the uncertainty of life, Hereby make ordain and constitute this to be my Last Will and Testament in manner and form following, (to wit):
First my will and desire is that my Exors hereafter named & after discharging all my Funeral Expenses & shall proceed to pay all my Just debts out of the profits & arising from my Estate but if my Creditors will not wait so long, Then my will and desire is that my Executors hereafter named shall then proceed to sell such of my moveable Estate as in their opinion can be best spared on six months Credit taking bond and good security of the purchasers and to apply the money arising from such sales in the payment of my Just debts
Item: I lend to my beloved wife Dorothy Kirtley [#2/2], during her natural life or widowhood my tract of land wherein I now live containing three hundred and forty four acres together with the plantation building & appurtenances there unto belonging also, seven Negroes following to wit: Tom, Moll, Milly, Tauney, King, Winny, & Sall, also one feather Bed, and furniture the privates- and kitchen furniture, one Womans side saddle, and to have her choice of one horse, out of all stock of Horses that shall them be on my plantation at my death. And whenever my wife Dorothy Kirtley's death, shall take place or she shall marry, Then the aforesaid land, Negroes and other property shall be disposed of as is hereafter directed.
Item: I give and bequeath unto my son Francis Kirtley [#21] five Shillings Specia to be paid by my Exors hereafter named out of the profits of my Estate to him his heirs & assigning forever.
Item: I give and bequeath to my son Thomas Kirtley [#22] one negro by now is his possession by the name of Prince; to have his heirs and assignees forever.
Item: I give and bequeath to my son William Kirtley [#23], one tract or parcel of land whereon he now lives containing seventy three acres lying upon . . . in the County of Madison; also one negro boy by the name Baylor, but if in case said son William Kirtley should not without heirs lawfully begotten of his body, then in that case my will is that the said seventy three acres of land and said negro boy Baylor shall be Equally divided between my three youngest Sons, namely James [#29], Jonathan [#2B], & Joseph [#2C] to them their heirs & assignees forever.
Item: I give and bequeath to my son John Kirtley [#26] one negro boy by the name of Ben now in his possession; also one feather Bed and furniture one man saddle and bridle all of which in his possession to him his heirs and assignees forever.
Item: I give and bequeath to my son James Kirtley one negro boy by the name of Solomon, and one negro girl by the name of Easter, and his future increase; also one feather Bed and furniture, which Bed and furniture in now in his possession; also one horse,  to him, his heirs
     and assignees forever.
Item: I give and bequeath to my Son Jonathan Kirtley one negro boy named Jacob and one negro girl named Jenny and his future increase, also one feather bed & furniture one horse and  saddle and bridle, and one Cow and Calf to him, his heir & assignees forever.
Item: I give and bequeath to my son Joseph Kirtley one negro boy named Mathis and one negro girl named Hannah and his future increase, also one feather bed & furniture one horse Saddle and bridle & one Cow and Calf to him his heirs and assignees forever.
Item: I give and bequeath to my daughter Elizabeth Cowherd [#24] one negro boy now in her possession named Simon to her her heirs & assignees forever.
Item: I lend unto my daughter Mary Snell [#25] one negro woman now in her possession named Rachael during her natural life and at her death my Will and desire is that the said negro Rachael and all her increases shall be equally divided between all the children then living of my said daughter Mary Snell to them their heirs & assignees forever.
Item: I lend unto my daughter Peggy Head [#27] one negro woman (now in her possession) named Silvia during her natural life; and at her death, my will and desire is that the said negro Silvia & all her increase shall be equally divided between all the children then living of my said
     daughter Peggy Head to them their heirs and assignees forever.
Item: I give and bequeath to my daughter Lucreca Miller [#28] one negro woman (now in her  possession) named Venace and her future increase to her, her heirs and assignees forever.
Item: I give and bequeath to my daughter Lucy Kirtley [#29] two negro girls named Doll & Lilsce and their increase; also one feather bed and furniture, one horse, saddle and bridle and one Cow and calf to her, her heirs and assignees forever.
Item: I give and bequeath to my sons Thomas Kirtley, James Kirtley, Jonathan Kirtley, & Joseph Kirtley (after the death or marriage of my beloved wife Dorothy Kirtley) the tract of land where on I now live containing three hundred and forty acres, together with the panta . . . Cow buildings and appurtenances there unto belonging with them their heirs and assignees forever.
Item: I give and bequeath to my following children namely John Kirtley, Elizabeth Cowherd, Lucricy Miller, & Lucy Kirtley after the death of my beloved wife Dorothy Kirtley the following negroes namely Tom, Moll, Fanney, King, Winney and Sall, & their future increase unto to them their heirs and assignees forever.
Item: I Give and bequeath to my Son William Kirtley & my daughter Mary Snell & Peggy Head (after the death or marriage of my wife Dorothy Kirtley, all the stock of Horses, Cattle, Sheep, & Hogs and household and kitchen furniture, which may be on my said plantation to them their heirs and assignees forever.
Impremis, I doth hereby appoint my sons, Francis Kirtley, Thomas Kirtley, and James Kirtley and my son in law John Miller [#28/1] my heir & sole Exors and doth hereby declare this is my Last Will and Testament renouncing all other Wills heretofore made by me Give under my hand and Seal this 6th day of September 1798.

Thomas (his mark TK) Kirtley    Seal

Signed Sealed and acknowledged as the Last Will and Testament before us

Witnesses Mary Walker [#133/1], Charles Hann, John Blakey [#56/1], Pleasant Kirtley [#211]

At a Court held for Madison County on Thursday the 24th day of January 1799 – This Last Will and Testament of Thomas Kirtley deceased having been admitted to record; and on Motion of Francis Kirtley, one of the Executors there in named a probate thereof in due form is granted him, he having made oath thereof & Entered into Bond with Security according to Laws: Liberty being reserved for the other Executors to Qualify when they may think proper.
Teste John Walker

[Note: This transcription of the will was provided by Berdine Payne – bpayne@whidbey.net.]