Person:Carr Bailey (2)

Will

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Will of Carr Bailey
Will Book 1 page 181 Fauquier County, Virginia

In the Name of God Amen:
I Carr Bailey of the County of Fauquier, being sick and weak but in perfect sense and memory do make this my last will and testament in manner following Imprimis: I commend my soul to Almighty God hoping through the merits of my Blessed Saviour to receive a happy resurrection and as to what worldly estate I am possessed of I give and dispose thereof in the following manner to wit:
I give and devise to my loving wife, Mary Bailey my whole estate real and personal during her widowhood, and after her marriage or demise my desire is that my land be sold and the money arising there from be divided among all my children or such of them as shall still be living.
Item: I give and bequeath to my son James (after the marriage or decease of his mother) one negro boy named Solomon to him and his heirs forever.
Item: I give to my son Joseph (after the marriage or decease of this mother) one negro boy named Daniel to him and his heirs forever.
Item: I give and devise to my daughter Betty (after the marriage or decease of her mother) one negro girl named Lucy and her increase to her and her heirs forever.
Item: I give to my son Carr (after the marriage or deceased of his mother) one negro boy named Tom to him and his heirs forever.
Item: I give and devise to my son Minter (after the marriage or decease of his mother) one negro boy named Baccus to him and his heirs forever.
Item: I give and devise to my son William (after the marriage or deceased of his mother) one negro woman named Sarah and her increase to him and his heirs forever.
Item: I give and devise to my son John (after the marriage or decease of his mother) one negro girl named Dursley to him and his heirs forever.
Item: It is my will and desire that my children shall be maintained out of the profit of my estate and also after the marriage or deceased of my said wife my whole estate that shall be then left be equally divided among all my children or such of them living, an as the boy Solomon before devised to my son James is sickly my will and desire is that in case the said negro should die before the said division of my estate in that case I give and desire to my said son James one negro man named Bob to him and his heirs forever. And lastly I hereby appoint my wife Mary executrix and my friend George Rogers and Joseph Minter Junior executors to this my last will and testament hereby revoking all other wills by me heretofore made. In witness where of I have here unto set my hand and seal this sixth day of October 1770.

X (his mark)

Carr Bailey
At a court held for Fauquier County the 28th day of May 1771 -- this will was proven by the oath of William Hampton and Charles Morehead witnesses thereto and ordered to be recorded and on the motions of Mary Bailey and Joseph Minter Junior who made oath and acknowledged bond as the law directs certificate is granted them for obtaining a probate there of in due form and George Rogers the other executor therein named refused to take upon him the further of the execution thereof.

Teste: H Brooks, C.C.

Estate Records

Fauquier County, VA May Court 1771: Mary Bailey Widow of Carr Bailey dec'd came into Court and relinquished all benefit and advantage she might claim under the Will of the said Carr Bailey and claimed her dower in her said Husband's Estate.

The last Will and Testament of Carr Bailey dec'd was proved by the Oaths of William Hampton and Charles Morehead Witnesses thereto and ordered to be recorded, and on the motion of Mary Bailey and Joseph Minter Junr. two of the Executors therein named who made oath and executed and acknowledged bond as the Law directs certificate is granted them for ~ obtaining probat thereof in due form, and George Rogers the other Executor therein named refused to take upon him the burthen of the Execution thereof.

Ordered that charles Morehe?, Wharton Ransdell, George Rogers and John Cooke of any three of them being first sworn do appraise the Estate of Carr Bailey dec'd and return the Appraisement to the Court.

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