Person:James McMurtry (8)

Disambiguation

Some researchers claim that this James McMurtry may have had a first marriage to a Nancy Todd, supposedly a sister of Hannah Todd, both daughters of William Todd of Bedford County, Virginia. James McMurtry did name his wife Hannah in his will written in December 1771, as shown below. Additional research may be needed to prove that James did have a first marriage to Nancy Todd.

Records in Augusta County, VA

From Chalkley's:

• Vol. 1 - 21 November 1755 Court Record: James McMurdie (McMurtry) witness from Bedford.

Records in Bedford County, VA

To the Militia of County of Bedford, and Provisions furnished by sundry Inhabitants of the said County, Viz. l.s.d.

To James McMurtry, 8 shillings, Sept. 1758 -- 32 George II

To Joseph McMurtry, 12 shillings, Sept. 1758 - 32 George II

To Joseph McMurtry, 9 shillings, Sept. 1758 - 32 George II

[Citation: Hening's Statues].

On August 15, 1765, James McMurtry was granted a land patent for 370 acres in Bedford County.

[William McMurtry of Kentucky and Alabama and his descendants, pg. 8-9]

Will Transcript

Will of James McMurtry, written 13 December 1771 and probated 24 March 1772.

In the Name of God Amen, I James McMurtry, of Bedford County, Virginia, and Colony of Virginia, Planter, being of weak body, but of sound memory, Blessed Be God, do this thirteenth day of December and in the Year of Our Lord, one thousand seven hundred and seventy-one make and publish this, my Last Will and Testament, in manner following: this is to say, Imprimis:

I commend my soul unto the hands of Almighty God who gave it [to] me and my body to the Earth from whence it came in hope of joyful resurrection through the merits of my Savior Jesus Christ and as for that worldly estaate, wherewith it has pleased God to bless me with, I dispose of as follows:

First, I give to my true and loving wife the third part of my estate during the time she remains my widow and no longer as also one horse and saddle as also bed and bedding and I allow her the profits of my mill towards the raising of my little children and to the keeping of the mill in good repair; and

Afterwards, I do bequeath the same to my youngest son Samuel, he paying the sum of twenty-five pounds, current money, to his sisters when he arrives of age and allow his sixty acres of land joining the mill and the remaining part of that tract I do allow to my second son, William, he paying the sum of twenty-five pounds, like money, to his sisters when they arrive of age; and,

This Plantation, on which I dwell, I do allow to be divided as followeth between my two other sons: I do allow my son, James one hundred and sixty acres with the improvement, he likewise paying twenty-five pounds, like money to his sisters when they do arrive of age; and, the remaining part, I do allow my son Joseph, which is two hundred and ten acres, he paying likewise the sum of twenty-five pounds to his sisters when they do arrive of age; and,

I do allow that none of my sons shall make sale of their lands in any kind whatsoever until such time that in case of any of my children should die, I do allow their share or shares to be equally divided among the rest of my children; and,

As for my goods and chattles, I do allow to be equally divided among my children, excepting my wagon, plows, and tackle and likewise five horses; ad,

I do allow my true and loving wife to be my whole and sole Executrix of this, my last Will and Testament.

Signed, sealed, published, and declared by the said James McMurtree, as and for his Last Will and Testament, is in the presence of us whose names are hereunder written, under date, each of us subscribe our names as witness, at his request, and, in his presence in the room when he then was Testator.

[Signed] James McMurtree

Witnessed by:

William Aker

William Purseley

David Rankin

At a Court, held for Bedford County, March 24, 1772, the within Last Will and Testament of James McMurtree, deceased, was proved by the oathes of William Aker, William Purseley, and the solemn affirmation of David Rankin *being one of the people called Quakers), witness, is thereto subscribed and ordered to be recorded and on the motion of Hannah McMurtree, Executrix, therein named, who made oath thereto, certificate is granted her for obtaining a probate thereof, in due form, giving security whereupon, she together with Robert Williamson and Jonathan Roper were securities entered thereto and acknowledged their bond in the penalty of two hundred pounds for the said Hannah McMurtree, due and faithful administration of the said deceased estate and performance of his will.

[Signed] Ja. Steptoe, Cl.

1. ↑ Trinda Barocas<BAROCAST@@coral.indstate.edu>.
2. ↑ James Falkner<jfalkner@@terraworld.net>.
3.   LeBaron, Esther McMurtry. William McMurtry of Kentucky and Alabama and his descendants. (Largo, Pinellas, Florida, United States, 1971)
   pg. 7-9.