Person:John Kerr (102)

WILL OF JOHN KERR, D. 1825, FAUQUIER COUNTY, VA:

In the name of God, Amen, I John Kerr, of the County of Fauquier and Commonwealth of Virginia, considering the uncertainty of this mortal life, and being of sound mind and disposing memory, tho sick and weak of body, Do make and publish this my last will and testament, in manner and form following to wit: Imprimis. My will and desire is, that all my just debts and funeral charges be paid; Item. I give unto my three sisters, namely Dorcas Kerr, Peggy Smith Kerr, and Aseneth Kerr, the tract of land, on which I at present reside, (and which was willed to me by my father John Kerr, deceased) upon the following special conditions to wit: that should wither one or two of my said sisters marry, then in that event, neither the one not the other so marrying, shall remain on, or enjoy the said farm or any part thereof without the consent of the unmarried sister, or sisters; and should they all marry, then upon such marriage, and as soon thereafter, as may be, it is my will and desire, that the said tract of land be sold at the descretion of my Executor herein after named, and the money arising from such sale be divided into four equal parts, one part of which I give to my sister Dorcas Kerr, one part to my sister Peggy Smith Kerr, one part to my sister Aseneth Kerr, and their respective heirs, and the remaining part I give to the children of my sister Sarah C. Pearl, and their Heirs to be equally divided between them; and it is my further express will and desire that should either one or more or all of my said sisters remain single during life, that they or either of them so remaining single shall have the right to dispose of by will or otherwise their interest or part abvove mentioned as they also shall have who may marry and no sale of the said tract of land shall take place fo long as my mother shall live (who it is my particular will and desire shall remain on and enjoy the said farm, during her life, or so long as one or more of my said Sisters, namely Dorcas, Peggy Smith or Aseneth shall live and remain single. Item, I give unto my three sisters aforementioned, namely Dorcas, Peggy S. and Aseneth, and to their heirs, all the residue and remainder of my estate, of every kind, after the payment of my just debts, And lastly, I nominate, constitute and appoint my friend Alexander D. Kelly, sole executor of this my Last Will and Testament, hereby revolking all other wills by me heretofore made, In Testimony, shereof, I have hereunto set my hand and seal, this ninth day of October, in the year of Our Lord, One thousand, eight hundred and twenty five.

Signed, sealed and declared } John Kerr (Seal) to be the last Will and Testa- } ment of John Kerr, in the } presence of }

T.G. Bradford Thos. Y. Johnson Charles Kemper, Jr. Geo. Nelson

At a Court held for Fauquier County on the 28th day of November 1825.

          This last will and testament of John Kerr desceased, was proved my the oaths of Charles Kemper,, Jr. George Nelson, two subscribing witnessed thereto, and ordered to be recorded - And at a Court held for the said County on the 8th day of December 1825 - - On the motion of Alexander D. Kelly, the executor therein named, who made thereto, and together with John P. Kelly, his security entered into and acknoledged a bond in the penalty of $800, conditioned as the law directs.  Certificate is granted him for obtaining aproval of the said will in due form.
                                                                                    Teste
                                                                                              John A.W. Smith, Bflel(?)