Madison Co., Will Book 1, p. 72   {6507}

Will of William Kirtley [#1]
Dated:  3 Mar 1795
Proved:  23 Apr 1795
Description:  see below
Executors:  Jeremiah Kirtley [#13], Isaac Davis [#15/1], & Addam Banks
Witnesses:  Merry Walker [#133/1], John Rucker, Frank Harvey, & Francis Kirtley [#21|#31]

"In the name of god amen, I William Kirtley senior of the County of Madison & State of Virginia being through the abundant mercy of god having (though weak in boddy) continued in perfect sences of mind blessed be god for it - but collecting to mind the certainty of death and the uncertainty of life - do therefore make, constitute, and ordain this to be my last will & testament - and I desire it may be received by all as such and I utterly Revoke all former Wills by me here to fore made.
Imprimus I give my boddy to the ground from whence it was taken in full assurance of its resurrection at the last day - and as for my burial It may be decent with out pomp or state at the discrestion of my Dear wife & Executors here after named.
I lend to my dearly beloved wife Sarah Kirtley [#1/1] during her natural life all that tract of land I now live uppon adjoining together lying uppon the Stanton river - allso one other tract of land known by the name of the Mill tract containing one hundred and Eighty three acres which I purchased of my brother James Kirtley [#4] together with the mill standing on the aforesaid river.
I lend to my dearly beloved wife Sarah Kirtley during her natural life Eleven negroes (& their increase) that is to say Dinah, Patrick, Ben, George, Coleman, Cupett, Rose, Folsich, Pippen, Baylor & Ester.  Also all my household furniture (clock only excepted) and all my Kitchen furniture & Stock of all kinds consisting of horses, cattle, sheep & hogs & all my plantation tools & one waggon & gear & two stills.
My Will & desire is that all my negroes shall continue to work uppon my home, home plantation & the mill plantation, to the end of the year, that my death takes place and the whole crop made on booth these plantations to be sold by my Executors here after named for the best price that can be had & the money arising the sales of the said crops to be applied to the payment of my Just Debts, Except the Crop of the two negroes Baylor & Ester which negroes is in possesion of my son William Kirtley [#11].  Said Crop made by them that year my death takes place my Will & desire is shall continue the property of Said son William Kirtley.
I give and bequeath to my son William Kirtley (after the death of my beloved wife Sarah Kirtley) all that part of this tract of land I now live uppon lying South & South West of a line to begin at a corner at the Arbor spring at three white oaks a corner in John Delany's line and thence by a line of marked trees to a corner standing by a large rock at the foot of a hill near the Stanton river.  Said rock & corner is on the West side of sade river thence running the same course of the last mentioned line to be continued till it stricks my old pattent line next to Alexander Simpson's, to him the said William Kirtley his heirs & assigns forever.
I give & bequeath to my son Jeremiah Kirtley [#13] (after the death of my beloved wife Sarah Kirtley) all that part of this tract of land I now live uppon (not to Extend to my Mill tract) lying North of a line to begin at a corner at the Arbour Spring at three white oakes a corner in John Delany's line & is a corner to William Kirtley Jr., thence with a line of marked trees to a corner standing by a large rock at or near the foot of a hill on the West bank of the Stanton river thence continuing the same course of the last mentioned line & binding uppon the tract just willed to William Kirtley Jr., till it stricks my old pattent line next to Alexander Simpsons together with my dwelling house, out houses & orchards which stands uppon the said tract of land I give to him my son Jeremiah Kirtley his heirs & assigns forever.
My will & desire is that when ever my Executors (which is hear after named) Shall see cause to sell my Mountain tract of Land which I purchased of Joel Early, they are hearby Impowered to do so & the money arising from the sale of said land my will & desire is that It shall be applied to the payment of my just debts If any there be - But if their be no debts due then my will & desire is that the money arising from the sale of the said lands shall be Equally divided between my five children William Kirtley [#11], Elijah Kirtley [#12], Jeremiah Kirtley [#13], Margaret Bauford [#14] & Elizabeth Davis [#15] to them their heirs & assigns for Ever, also my will & desire is (that after the death of my beloved wife Sarah Kirtley) that my Executors hearafter named shall procede to sell my Mill tract of land containing one hundred & Eighty three acres together with my griss mill which stands uppon said tract of land for twelve months creditt taking bond & good security and the money arising from the sale To be Equally divided between my five children William Kirtley, Elijah Kirtley, Jeremiah Kirtley, Margaret Bauford & Elizabeth Davis to them their heirs & assigns forever.
I give & bequeath to my son William Kirtley (after the Death of my beloved wife Sarah Kirtley) two negroes that is to say Baylor & Ester and allso all the Increase of the said Ester to him the said William Kirtley his heir & Assigns forever.
My will & desire is that at the End of the year which my death takes place in, that my Executors hear after named Shall then Immediately procede to sell for ready money the following slaves, Oliver, Nan, Thill, King, Eve, Cate, Taney, Will, Juddy, Jacob & Rachel & their Increase they or each of them may have before the day of sale.  Allso one clock & also any other articles that my wife Sarah Kirtley Should Choose to give up to be sold on the day of sale (and the money arising from the said sales shall be Equally Divided between my five Children William Kirtley, Elijah Kirtley, Jeremiah Kirtley, Margaret Bauford & Elizabeth Davis to them their hairs & assigns forever.
My will & desire is (that after the death of my beloved wife Sarah Kirtley) that all the Slaves & their Increase together with all the other personal Estate that I have here to fore lent to my wife Sarah Kirtley during her life two negros excepted Baylor & Ester which I have given heretofore, shall at her death, be sold by my Executors (here after named) for ready money & the money arising from the said sales shall be Equally divided between my five Children William Kirtley, Elijah Kirtley, Jeremiah Kirtley, Margaret Bauford & Elizabeth Davis to them their heirs & assigns forever. 
My will & desire is that my Executors hear after named Shall collect all the money due me by bill Bond or open Account and apply the same to the payment of my Just debts - and the balance of money which may be left in their hands after discharging my debts my will & desire is shall be Equally divided between my five children William Kirtley, Elijah Kirtley, Jeremiah Kirtley, Margaret Bauford & Elizabeth Davis to them their heirs & assigns forever.
I give & bequeath to my two grandsons namely Elijah Kirtley [#114] & Elliott Kirtley [#112] (sons of my son William Kirtley) the sum of Fifty pounds specia each, to be paid to them, out of the first money which my Executors hearafter name Shall collect of the money which are due me either by Bond or other wise, to them the said Elijah Kirtley & Elliott Kirtley, their heirs & assigns forever.
I do here by constitute & appoint my son Jeremiah Kirtley & my son in law Isaac Davis [#15/1], Addam Banks my whole & sole Executors to this my last will & testament revoking all other wills here to fore made declaring this to be my only & last will & testament In witness here of I William Kirtley Sen. have here unto sett my hand & affixed my seal this 3rd day of March one thousand seven hundred & ninety five.
Signed, sealed in presents of Interlined before signing with the words two negroes Except Baylor & Ester which I have given heretofore

William Kirtley (Seal)

Merry Walker [#133/1]
John Rucker
Frank Harvey
Francis Kirtley [#21|#31]

At a court held for Madison County on Thursday 23rd day of April 1795 This Last Will and testament of William Kirtley deceased was Exhibited into court and proved by the oaths Merry Walker, John Rucker and Francis Kirtley witnesses thereto and ordered to be Recorded, and on motion of Isaac Davis and Adam Banks two of the Executors Therein named who made oath thereto and together with Merry Walker and Francis Kirtley their Securities entered Into and acknowledged their Bond in the penalty of twenty thousand dollars conditioned as the Law directs certificate is granted them for obtaining a probat in due form Liberty being reserved for the other Executor to qualify.

Test. 
John Walker jr. TME

Know all men by these presents that we Isaac Davis, Adam Banks, Merry Walker and Francis Kirtley are held and firmly bound to Wm. Walker, Henry Hill, Patrick Beale & William Eve [#134/1 ?], gentlemen Justices of the Court of Madison County now siting in the sum of twenty thousand dollars to the payment whereof well and truly to be made to the 5 Justices and their successon  We bind our selves and each of us our & each of our heirs Executors & Administration Jointly & severally firmly by these presents sealed with our seals & dated this 23 day of April one thousand seven hundred & ninety 5 & in the 19th year of the Commonwealth.

The Condition of the above obligation is that if the said Isaac Davis and Adam Banks Executors of the last will & testament of William Kirtley Sen. deceased do make a true and perfect Inventory of all and singular, the good Chattels and Credits of the Said deceased which have or shall come to the hands Possession or knowledge of them the Said Isaac Davis & Adam Banks or into the hands or possession of any other person or persons for them and the same so made do exhibit into the County Court of Madison at such time as they shall be thereto required by the said Court and the same goods, Chattels and Credits do well and truly administer according to Law and make a Just & true account of their actings and doing therein when thereunto required by the said Court, and further do well and truly pay & deliver all legacies contained & specified in the said will as far as the said goods, Chattels and Credits will extend according to the Value there of and as the Law shall Charge.  Then this obligation to be Void or Else to remain in full force.

Signed sealed and delivered
In the presence of the Court

Isaac Davis   (Seal)
Adam Banks (Seal)
Merry Walker (Seal)
Francis Kirtley (Seal)

At a court held for Madison County on Thursday the 23rd day of April 1795. This Bond was acknowledged and ordered to be recorded

Test.   John Walker Jr. TME"

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