Person:James Halley (1)

Will of James Halley

Will of James Halley, Sr. - Fairfax Co., VA -

In the name of God amen I James Halley Snr of Fairfax County and Commonwealth of Virginia being far advanced in age and weak in body but of sound mind and memory and calling to mind the mortality of man and that it is appointed for all men here once to die do make and ordain this my last Will and Testament and after recomending my Soul unto God who gave it me and my body to the earth from whence it come to be buried in such Christian like manner as to my executors hereafter named shall think proper I direct in manner and form as follows viz:

Imprimis: I give and bequeath unto my son Henry Simpson Halley the Tract or parcel of land whereon I now live together with the other lands adjoining that on which I at present live which are now my property situate in the parish of Truro County as foresaid and on the waters of Popes head and Difficult; excepting the Lot of Land whereon the Popes head Meeting house now stands including the spring neare thereto as per a survey lately made by Thomazin Ellzey for that purpose which said Lott of land I have reserved & set apart for the use and benefit of the present Baptist society their Successors, (meaning the possession) to him the said Henry Simpson Halley and to his Heirs forever.

Item I give and bequeath unto my son Francis Halley and to his Heirs forever all the remainder of my tract of land situate on the Waters of Pohick and County aforesaid containing two hundred and give Acres be the same more or less.

Item I give and bequeath unto my daughter Sybill Peake the following property Viz: A feather bed and furniture and a Cow and Calf which she shall make choice of and also the horse which I lately delivered to her and the sum of Thirty pounds in Cash to be paid her by my Executors out of the proceeds of the rest and residue of my Estate hereafter directed to be sold and it is my desire that she enjoy the use of the room she now lives in till it shall be convenient for her to remove, also I desire that my said daughter Sybill Peake have the use of my Desk, the Chest commonly called her Chest and a small ovall Table also my negro boy called Peter which said Negro, Desk, Chest, and Table, is only lent her for and during the term of her natural life and at her decease are to return and descend to my other children as is hereinafter mentioned and to their Heirs.

Item I give and bequeath unto my daughter Sarah Haney and to her Heirs the sum of Twenty pounds in Virginia Currency, to be paid her by my Executors out of the proceeds of the rest and residue of my estate directed hereafter to be sold.

Item I give and bequeath to my daughter, Mary Crump or to her Heirs the sum of Twenty pounds Virginia Currency to be paid by my Executors out of the proceeds of the rest and residue of my Estate hereafter directed to be sold. Item I give and bequeath unto my Daughter Saio/Said? and to her Heirs the sum of Twenty pounds Virginia Currency to be paid her by my Executors out of the proceeds of the rest and residue of my Estate hereafter directed to be sold.

Item I direct that all the rest and residue of my Estate not already devised be sold by my Executors hereafter named or the Survivors of them to the highest bidder and the money arising from such sale after paying my just debts and funeral expenses and paying the above specific legacies I direct may be equally divided between my following children Viz: William Halley, James Halley Junr, John Halley, Richard Halley, Francis Halley, Henry Simpson Halley, Sarah Halley, Sybill Peake, Mary Crump. Mary Crump and Susanna Saio/Said? and their Heirs forever.

Item I give and bequeath unto any following children and to their Heirs Viz: William Halley, James Halley Junr, John Halley, Richard Halley, Francis Halley, Henry S. Halley, Sarah Haney, Mary Crump and Susanna Saio/Said? the Negro boy named Peter the Desk, Chest and Table herein before lent to my daughter Sybill Peake to decend to them after the death of my said daughter Sybill Peake equally to be divided.

And lastly I appoint my three sons Viz: William Halley, James Halley Junr, and Henry Simpson Halley, Executors of this my last Will and Testament revoking and disannulling all other and former Wills by me made either by word or writing & confirming and acknowledging this and this only to be my true and last Will.

In witness whereof I have hereunto set my hand and Affixed my Seal this 1st day of February in the year of our Lord one thousand seven hundred and ninety two ---

(signed) James Halley (Seal)

Signed Sealed & acknowledged in the presence of

Rcd Ratcliff

Penelope Ratcliff

Robt Ratcliff

At a Court held for Fairfax County 16th July 1792 This Will was presented in Court by James and Henry S. Halley Executors therein named who made oath thereto and the same being proved by the oaths of Richard and Penelope Ratcliff is admitted to record the said Executors having performed what the law requires in such cases a certificate is granted them for obtaining a probate thereof in due form.

Test J. Wagener Clk

Know all Men by these presents that we James Halley Henry Simpson Halley Richard Ratcliff and Peter Coulter are held and firmly bound unto Robert T. Hove? James Wren John Moss and Benjamin Dulaney Gent Justices of the County Court of Fairfax now setting in the sum of one thousand pounds to the payment whereof well and truly to be made to the said Justices and their Successors we bond ourselves our Heirs Executors and Administrators jointly and severally firmly by these presents. Sealed with out Seals and dated this 16 day of July 1792. The Condition of the above obligation is such that if the said James and Henry Executors of the last Will and Testament of James Halley deceased do make a true and perfect Inventory of all and singular the goods chattles and credits of the said deceased which has or shall come to the hands possession or knowledge of the said James and Henry or into the hands or possession of any other person or persons for them and the same so made do exhibit unto the said County Court of Fairfax at such time as they shall be thereunto required by the said Court and the said goods chattels and credits do well and truly Administer according to law and make a just and true account of their actings and doings therein when thereto required by the said Court and further do well and truly pay and deliver all the Legacies contained and Specified in the said Will as far as the said goods Chattles and Credits will extend according to the value thereof and the Law shall charge then their obligation to be void else to remain in full force and virtue.

Sealed & Delivered James Halley (Seal)

in presence of Henry S. Halley (Seal)

Rd Ratcliff (Seal)

Peter Coulter (Seal)

At a Court held for Fairfax County 16th July 1792 James and Henry S. Halley, Richard Ratcliff and Peter Coulter acknowledged this Bond to be their Act and Deed which is ordered to be recorded.

Test P. Wagonor Co.

[Source: Will Book F - pgs 134 - 140, 01 Feb 1792].

Notes

http://www.pawpo.com/middleridge/Misc/street_name_history.htm

James Halley was born in 1707 and received a 690 acre grant of land on the North side of South Run Pohick in 1742. He voted in Fairfax County 1744-68, and his will was probated in 1792. He was one of the men ordered by the Court in 1752 to mark the way for clearing a road west from Alexandria to Rocky Run, which became Braddock Road.

http://www2.msstate.edu/~thf1/ancesto2.htm

112. James Halley b. 14 Jun 1707, England (?) m. Fairfax Co., VA, to Elizabeth Simpson d. 17 Jul 1792, Fairfax Co., VA

1. ↑ ^1.0 1.1 Brøderbund Software, Inc. World Family Tree Vol. 1, Ed. 1. (Release date: November 29, 1995)
   Tree #2011.

   Date of Import: Jan 10, 1998