The Kerfoots of Frederick, Clarke, and Fauquier Counties: Kerfoot and Sowers Wills
Will of William Kerfoot I 1779
Frederick County Will Book 4 pt 2 pp 496-8 (will pages mounted on guards)
In the Name of God Amen I William Kerfoot of the County of Frederick and Colony of Virginia being in a mean state of health but of perfect mind and memory and calling to mind the uncertain duration of this Life Do make this my Last Will and Testament. Inprimis that my body be decently enter'd at the | discretion of my Executors hereafter named and that all my Just and Lawfull debts be paid and as for the Rest of worldly Estates wherewith it hath pleased the Almighty God to bless men with I give and bequeath in manner following Item I give and bequeath unto the Heirs of decesed son George Kerfoott five shillings and no more to be equally divided among them my said Son George in his Lifetime having received his full portion. Item I give and bequeath unto my well beloved Son William Kerfott the lots of land I hold being known by the name of Davis Lott called 150 acres with this restriction that he shall not sell it on any account and if he doth not think fit to keep it he shall give it unto his Brother Samuel Kerfott I likewise give and bequeth unto him one breeding mare one feather bed and furniture Item I give and bequeath unto my beloved son Samuel Kerfoott the part of my plantation on this side the creek whereon I dwell and my Negro boy Will and an equal share of all my stocks of horsekind cattle sheep and hogs the breeding mare before bequeathed only excepted and an equal share of the Household goods. Item I will and order that that part of my plantation whereon the Widow Kerfoott now liveth on the other side the creek be sold at a publick vendue and the money arising by the sale thereof to be equally divided between my four Daughters Margaret, Elizabeth, Sarah, and Mary, and each of them to have an equal share of my stocks as before mentioned and also an equal share of my household goods the Feather bed and maire before bequeathed only excepted and further that if any of my Children should die before mairrage or the youngest before they become of age to receive the portion of goods to them bequeath<ed> them then the goods of the full value thereof be equally divided among my surviving children, and Lastly I constitute and appoint my well beloved sons William and Samuel Kerfoott together with my trusty | friend and neighbour James Knight my whole and sole executors of this my Last Will and Testament hereby revoking all former Wills by me made allowing this and no other to be my Last Will and Testament. In Witness whereof I have hereunto set my hand and seal the fourteenth day of March in the year of our Lord one thousand [seven] hundred and seventy nine.
Signed Sealed and declared
in the presence of us the subscribers
whose names are hereunder written
William Kerfoot
her
Elizabeth X Green Wm Green
mark
Thomas Reynolds
At a court held for Frederick County the 7th day of December 1779 This Last Will and Testament was fully proved & ordered to be recorded and on the motion of Wm Kerfoott one of the heirs therein named certificate is granted him for obtaining a probate thereof in due form he having made oath thereto and with security entered into and acknowledged bond conditioned as the law directs
By the Court
Ja Keith Co Clk
Frederick County Will Book, vol 10, pp 110-12
In the name of God amen. I Margaret Kerfoot of the County of Frederick in the Commonwealth of Virginia being now in the full possession of my mental powers and desirous of making a disposition of the property with which I have been blessed by the operation of providence to operate after my decease, I give and divide the same in the following manner to wit --
In primis I charge the whole of my estate with the payment of my debts and enjoin it upon my Executors herein after named to pay them off in a convenient time after my deacease Item I give and devise to my dear son William G Kerfoot my tract of land in Frederick County containing as it is supposed one hundred and seventy five acres be [for by?] the same more or less subject to the payment of forty shillings per acre to my dear son John Kerfoot his Executors administrators or assigns and to the annuity herein after mentioned Item I give and bequeath unto my dear son John Kerfoot his Executors or administrators the sum of three hundred and fifty pounds being the sum above charged upon the land herein divided to my son William G Kerfoot and to be paid by my said son William G Kerfoot as follows that is to ay one hundred and seventy five pounds on or before the expiration of twelve months after my decease and the residue within two years after my decease which legacy of three hundred and fifty pounds shall be subject to the annuity herein after charged upon my dear son John Kerfoot. Item I consideration of the comfortable and independent circumstances of my dear daughters Betsey Sowers and Polly Williams and of the destitutte and dependant condition of my daughter Nancy Woodrow whose husband has already disipated all the property which I have given her [and] abandoned her and her family I have determined to place in the hands of trustees all the residue of my property for the sole and separate use and support of my said Dear daughter Nancy Woodrow and so as never to be enjoyed or subject to the control in | any way of her said husband Abram Woodrow with this [intent?] therefore I give and bequeath to my dear sons John Kerfoot and William G Kerfoot and the survivor of them and to the Executor or administrator of the survivor of them all the rest and residue of my estate of which I shall Die possessed in trust for the sole and separate use and maintenance of my said daughter Nancy Woodrow hereby enjoining it upon my said Trustees not to permit the said Abner [for Abram?] Woodroe to participate in the enjoyment of the same or any part thereof or to exercise any authority over it. Item I hereby charge the land which I have devised to my son William G. Kerfoot with an annuity of twenty five dollars per annum fro twelve years to be paid annually by my said son William G. Kerfoot his executors or administrators during the said period to my son John Kerfoot his Executors or administrators upon the special trust and confidence that my said son John Kerfoot his Executors or administrators will apply the said annuity to the sole and separate benefit and enjoyment of my said daughter Nancy Woodrow excluding her said husband from any participation in the same the first payment of the said annuity to be made at the expiration of one year after my decease and so annually in succession until it shall be exhausted Item I hereby charge [the] pecuniary legacy which I have heretofore bequeathed to my son John Kerfoot with an annuity of twenty five Dollars per annum for twelve years to be paid annually by my said son John Kerfoot his Executorss or administrators during the said period to my said son William G Kerfoot his Executor or administrator upon the special trust and confidence that my said son William G Kerfoot his Executor or administrators will apply the said annuity to the sole and separate benefit and enjoyment of my said daughter Nancy Woodrow excluding her said husband from any participation in the same. The first payment of the said annuity to be made at the expiration of one year and so annually in succession untill it shall be exhausted should my dear daughter Nancy die before the expiration of twelve years after my decease, I give the residue of the said | annuity and of the trust hereby ended to her children. I hereby constitute and appoint my dear sons John Kerfoot and William G Kerfoot Executors of this my last will and testament and annul and revoke all wills made by me before the date hereof. In Testimony whereof I have hereunto subscribed my name and affixed my seal in the year of our Lord one thousand eight hundred and fourteen.
Signed sealed published and declared
by the testator as her last will and
Testament in our presence and attested
by her in her presence
John Rutter
Jacob Little
his
Henry X Graves
mark
March
[Probate granted 2 December 1816]
[NB: there is in Frederick Co Deed Book 45 p 437 a Deed of Trust from William G Kerfoot to John Kerfoot, dated 2 April 1822, that provides land for the use of Nancy Woodrow, their sister, in such a way that it could not be seized for the debts of her husband Abraham. This is probably connected with the trusts their mother was so concerned to establish in her will.]
(as transcribed by Dee Ann Buck in 'Tabulated Genealogy' pp 18-19)
This is to certify that I Catherine Sowers Relict of Daniel Sowers, Dec'd being in full possession of my ordinary and natural intellects having a desire to devise and will my properties I have in possession and that is legally mine to will and devise I therefore appoint my two Sons James and William Sowers my legal Executors.
Item 2nd That my legal Executors immediately after my Decease make arrangement to carry into Execution the following Items of this my last Will and Testament:
3th That all my just Debts, be paid and fully discharged.
4th I will and devise to my son James Sowers my Negro Woman Dinah and young child Harriet.
5th I will and devise to my Daughter Lydia Kerfoot my Negro Woman Margaret.
6th I will and devise to my son Fielding L. Sowers my Negro man Harry and Eight Day Clock and the two Bonds, that was given to me in the Division of the Estate of my deceased Husband amounting to about Fifteen Hundred Dollars the two Bonds was put into his possession some time since by me at a time I was sick on condition that the said Fielding L. Sowers has no charge against my Estate for anything I have received of him or that he may hereafter claim.
7th That I will and devise to my Daughter Mary Ann Bonham, two hundred Dollars to be paid in twelve Months after my Decease out of any money that may come into the Hands of my Executors belonging to my Estate.
Item 8th That I will and devise to my Son William Sowers my Negro Man Peter and Negro Woman Peggy and Negro Boy Elleck.
9th I will and devise that the legal Interest of two Hundred and fifty Dollars be paid to Hannah Hutchinson yearly during her natural Life and that the above Sum of two Hundred and fifty Dollars be retained in the Hands of my Executor for that the above purpose.
10th I will and devise that all the Balance of my Estate both Real and Personal be sold at Public Auction by my Executors and equally divided between my two Sons James and William Sowers.
11th I will and devise that my Executors James and William Sowers shall not be bound to give Security for their performance.
12th And Lastly I will and devise that I freely execute and set my Hand and Seal to all and each of the Items in the within and above state in this my last Will and Testament given and under my Hand and Seal this 29th Day of December One thousand Eight Hundred and thirty Eight and in the 62 Year of American Independence.
Catherine Sowers