Washington Co., Virginia Will Book 4, p. 56 (LDS # 34,357)
Obtained by Joann Tortarolo, 1/98.
Originally transcribed by Joann with some additions by D. Powell after review of will on LDS microfilm
[Paragraphs added by DP for ease of reading only]
I, David Beatty of Washington County in the State of Virginia do make and publish this my last Will and Testament in the manner following viz. I give and bequeath to my well beloved wife Mary Beattie my Negro man Joe and my Negro woman Rachel and girl Milley. I give and bequeath to my son James my Negro girl Mary. I give and bequeath to my son William my Negro girl Sarah. I give and bequeath to my daughter Polly my Negro girl Fanny. I give and bequeath to my son David my Negro girl Jenny I give and bequeath to my son Armstrong my Negro boy Joe.
My dwelling house with all its furniture of whatever kind, my plantation with its appurtenances and farming utensils of every kind, my stock of horses, cattle, sheep and hogs, I commit to the care and management of my wife Mary for the support of herself during her natural life and the schooling and maintenance of my children David, Polly and Armstrong until they arrive at the age of twenty-one years. I will that my daughter Polly when she arrives at the age of twenty-one years be furnished out of the horses that may be on the plantation a horse or mare of the value of 100 dollars under seven years old, and out of the profits of said plantation a saddle of the value of twenty dollars. My still and still vessels I allow to remain on the plantation for the use of the family until my son Armstrong attains to the age of twenty-one years then in equal share between him and his brother David.
My plantation with all its appurtenances I give and bequeath to my sons David and Armstrong to be by them divided in equal shares as they may agree between themselves to them and their heirs forever, and enjoins them by this my last Will and Testament that if they cannot agree in a division of the plantation that they commit the division of the same to two or more just and impartial men and cast lot for choice.
I give and bequeath to my son John Ten dollars to be paid twelve months after my decease, and my wearing apperal and enjoin it as my devise that he continue with his mother and the family and with them unite his endeavor for his own and their comfort and maintenance and on his doing so, when his brother Armstrong attains to the age of twenty-one years, I will that a distribution of my stock of horses, cattle, sheep and hogs be made. To my son William a mare equal in value to my sorrel mare or said mare after my decease should it please God to remove me by my present indisposition. To my son John horses or other stock as may be convenient to pay with one hundred dollars on his performing what I have requested of and enjoined him, but on his failing therein he deprives himself of any share whatever.
To my daughter Polly fifty dollars in cattle, sheep or young horses the remainder of my stock of every kind of creatures to be divided in three equal shares between my wife Mary and my two sons David and Armstrong. I will that the following farming utensils and implements of husbandry then belonging to the plantation be equally divided between David and Armstrong and that my household and kitchen furniture of whatever kind be to the only and sole use and behoof of my well beloved wife Mary.
I will that out of the monies due me by bond note or book account my lawful debts and funeral charges be paid and the balance of any there be, to be for the use of my wife and family. And lastly I do hereby constitute and appoint my brother William Beattie Executor of this last Will and Testament. Ratifying, publishing, declaring this my last will and testament. In witness thereof, I have hereunto set my hand and affix my seal in the 3rd day of July 1805. [I believe the date is the 30th as it is clearly a “th” not a “rd” after the 3. Though the number after the 3 is not clear it does resemble the “0” in 1805]
David Beatty
In presence of
John Stewart
Matthew Ryburn
Joseph Clemond
At a Court held for Washington County the 17th day of May 1814
The last Will and Testament of David Beatty [Decd] was exhibited in court and proven by the oath of John Stewart and Mathew Ryburn two of the subscribing witnesses thereto and ordered to be recorded. And It appearing to the Court by the oath of Armstrong Beatty that William Beatty the Executor named in the said will refuses the Executorship and the widow of the Testator appearing in court and refusing to take upon herself the administration It is therefore ordered that the same be granted to John Clark one of the legatees in the said Will and thereupon the said John Clark took the oath of an administrator ___ the will annexed prescribed by Law and entered into __ acknowledged a bond in the sum of seven thousand dollars with Mathew Ryburn and John Stewart security conditioned as the law directs A certificate is therefore granted him for the administration of the said Estate with the Will annexed
Teste
D. Campbell