In Name of God Amen I JOHN PEYTON of County of Stafford Gent. being sick, but of a disposing memory, make this my last will & Testament .. soul I recommend to God .. body I leave to be buried .,
- Imprimis I give to my loving Son YELVERTON PEYTON, my old Plantation containing 350 acres, 100 acres of which was given me by my Father, 100 acres I purchased of my Brother VALENTINE PEYTON, and 150 I purchased of GEORGE MASON. I also give to YELVERTON that part of Land in Fauquier County whereon he now liveth belonging formerly to JOHN FLITTER, and also all the negroes now in possession of my said son YELVERTON which he had of me & their increase to him & heirs ... Likewise I give to my said son YELVERTON all the stock now on the Plantation where he now liveth (Vizt) Horses, hoggs, Cattle, sheep & household furniture, to him & heirs ...
- Item I give to my loving son HENRY PEYTON that part of Land in Fauquier County which I purchased of JAMES DILLON & Wife, taken up by JOHN WARNER, & the surplus in the Tract patented by myself, also another Tract adjoyning taken up by myself along the Pignut ridge and the line of Miller & Folio & WILL OBANNON To him and heirs. I also give to my son HENRY four slaves that are to be purchased by my Executor hereafter named & their increase ... to him and heirs . I likewise give to my son HENRY, four cows & calves & three sows & piggs, test head of sheep, one of my best ffeather beds, which is to be well furnished, with a pair of good sheets, a pair of good Blankets & a good rugg, to him & heirs ...
- Item My will is that if either of my sons YELVERTON or HENRY should die without issue his part of my Estate should be intailed on the Survivor & heirs ...
- Item I give to my loving son JOHN ROWZY PEYTON the land I purchased of Mr. Foote Attorney of Hayward, & another part adjoyning bought of JOHN MEALY & KNEATON MEALY son of the said JOHN MEALY, also the land I bought of BENJA. BRENT another part purchased of WILL BECHELL. I also give to my son JOHN ROWZY the acre of land whereon my mill standeth, together with the mill to him & heirs.
- Item I give to my Loving son VALENTINE PEYTON a Tract of land in Fauquier County one piece of which I purchased of SAMUEL SUMATE and another piece purchased of the Rectors in the same part, also another piece taken up by myself whereon MARGARET WOOD now liveth. I also give to my son Valentine the land I purchased of WILL MATHENY & JOB SIMS. Also my house & lots in Alexandria ... to him and heirs.
- Item l give to my loving Daughter ANN WAYE all the slaves which she formerly had of me.
- Item my will is that if either of my sons JOHN ROWZY or VALENTINE should die without issue his part should be intailed on the Survivor of them, and if they should both die without issue, all have hereby bequeathed to be divided equally (at the death or marriage of my wife) between my sons YELVERTON & HENRY PEYTON. But, if it should happen that YELVERTON & HENRY should die without issue, my will is that what I have bequeathed them should be equally divided between JOHN ROWZY & VALENTINE.
- Item my will is, that my Executors, do, of my outstanding debts, raise the sum of 600 pounds current money, and therewith purchase Slaves four of which I give to my son Henry Peyton,
- Item my will is that my Executors convert 2000 pounds of tobo & p annum to the use of my Daughter ANN WAYE & her two children JOHN PEYTON HARRISON and VALENTINE HARRISON until [they] shall severally arrive to age of 21 years said Tobo to be converted to use of Ann and her children at the discretion of my Executors.
- Item my will is that all the rest of my Estate, slaves, stock & household furniture and outstanding debts lawfully contracted & legacies are honestly paid be equally divided between my sons John Rowzy and Valentine Peyton.
- Item my will is that nothing of what I have bequeathed to my son Yelverton my son Henry or my Daughter Ann be any way diminished by paying my Debts or Legacies. My will being that my Debts & Legacies be paid out of my sons John Rowzy & Valentine Peyton's part.
- Item my will is that my son Henry be supported in common with my sons John Rowzy & Valentine on the profits of the Estate until he shall arrive at age of 21 years.
- Item my will is that neither Henry, John Rowzy or Valentine be possessed of any part until they severally arrive at age 21 years.
- Item my will is that my loving Wife ELIZABETH as long as she continues my widow shall have the profits of the Estates of my sons Henry, JOHN ROWZY and VALENTINE to support herself & my sons with this restriction that they may be maintained in such manner that their Estates be not brought in Debt. & that the overflow be still added to their Estates. Also my will is, that if my wife ELIZABETH doth marry, she is hereby deprived of all right of Dower, and that at her marriage she shall deliver up every part of the Estate of my sons HENRY, JOHN ROWZY and VALENTINE and she shall be answerable for any Legulestration or Embezzlements by her made & shall have neither act nor part in the management of said Estate after her marriage. But if my wife ELIZABETH will not abide by this will, & will have her thirds, my will is, that her third part be taken out of my sons JOHN ROWZY and VALENTINE'S part of my Estate.
- Also my will is, that the slaves which she may have in her thirds, shall (at her death) be divided equally between sons JOHN ROWZY and VALENTINE.
- Item my will is that my sons JOHN ROWZY and VALENTINE be Educated in the best manner this country affordeth.
- Item my will is that my new Dwelling house on the Plantation whereon I now live be finished. Also that the house on my Lotts in Alexandria be finished the Lotts repaird & a house 20 by 16 built for Stable, and a small house for a wash house or other uses. Also that my mill be so built for the use of my Estate until my son ROWZY PEYTON shall arrive to age of 21 years. Item that notwithstanding the Law being against Legaties giving Security, my desire is that my Executors shall give sufficient Security for their due Execution of this will; and whereas the Law makes mention that the heir at Law shall be summoned if therefore the heir at Law should contest this will & recover my manor Plantation my will is, that upon such recovery he the heir shall give up all the land that I have hereby bequeathed to him which shall be added to my son JOHN ROWZY PEYTON'S Estate.
- Lastly 1 appoint my loving wife ELIZABETH, my son YELVERTON PEYTON, my Sons JOHN ROWZY PEYTON and my son VALENTINE PEYTON, Exx & Exrs of this my last will and Testament hereby revoking all former wills ...
29th March 1758. JOHN PEYTON
JOHN WATERS, JNO. MATHEWS, MARTHA PAGE
At Court held for Stafford County June 11th 1760 Will presented by YELVERTON PEYTON (ELIZABETH the relict and one of the Executors mentioned in the said Will refusing to accept of the legacy given her therein) proved ... admitted to record ... certificate granted for obtaining Probate ...
[Source: STAFFORD COUNTY VA WILL BOOK O; 1748-1767; THE ANTIENT PRESS, pp 375-379.]
