Contributed for use in USGenweb Archives by person(s) indicated at the top of the will.

USGENWEB NOTICE: Printing this file by non-comercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents.


Will of Gustavus Elgin
signed 17 Sep 1821
found in Loudoun Co., VA Will Book V, pg. 105.

Transcribed provided by Betty Frain, brfrain@erols.com


********
In the Name of God, I Gustavus Elgin of the County of Loudoun and Commonwealth of Virginia being unwell but of a disposing mind and memory do make this my last will in maner and form following.

First. First my will is that all my Just debts shall be paid by my Executor out of my personal estate. -

Secondly I give to my Son Hamilton Elgin to him and his heirs forever the plantation I purchased Hezekiah Wade.

Thirdly - I give to my Son, Gustavus Elgin all the Land I purchased from the Fouches and half an acre where I have built a house adjoining the said land, to be laid of to include the house and to suit the said farm in the best manner and not to Injure my home place, to him his heirs and assigns forever - -

Fourthly, I give to my Son, Francis Elgin two Hundred acres of land to be laid of on the East of the Plantation which I am now living on, to him, his heirs or assigns forever, on the following condition that his two single Sisters shall have a right to live with him during life or until they shall marry, but if they should not agree to live in that way then my will is that they my Daughter Rebecah Elgin and Margaret Elgin shall have one half of the house with fire wood sufficient for their use, but not to cut or Injure any Timber unnecessary with pasture for two or three head of cattle and a horse, during their lives or until they shall marry.

Fifthly - I give to my Son William Elgin the balance of the Tract of Land which I now live on, not heretofore given to my Son Francis Elgin, to him his heirs or assigns forever. -

Sixthly. I give to my two Sons, Gustavus Elgin and Francis Elgin in trust for the benefit of my Daughter Nancy Dulin during her life and after her death to be equally divided between her Children, the Following negroes, Nanny and her infant child James and George, - also all the personal Property which my Daughter Nancy Dulin has in her possession which I have loned to her. -

Seventhly - my will is that all the balance of my Slaves shall be Equally divided between my three Daughters, Elizabeth Elgin the Wife of Robert Elgin, Rebecah Elgin and Margaret Elgin to them their Heirs or assigns forever. -

Eighthly - my will is that my Son Gustavus Elgin, Francis Elgin, William Elgin, Rebeccah Elgin and Margaret Elgin shall have one bed each of equal value.

Ninthly my will is that all the balance of personal property be sold immediately after my death, and the money arising from the sale of the said property to be equally divided between my Daughters, Elizabeth Elgin, wife of Robert Elgin, Rebecah Elgin and Margaret Elgin, and my son Charles Elgin's children, that is my Son Charles Elgin's children to have one fifth of the amount of the sale of my personal property but as my Son William Elgin is now absent and not known where he is, if he shall be dead or never return then my will is that his brother Francis Elgin shall have all the land given to my son William Elgin and the bed to be sold and money to be divided between my Daughter Elizabeth Elgin, Rebecah Elgin and Margaret Elgin and my son Charles Elgin's Children -

Lastly, I constitute and appoint my son Hamilton Elgin my Executor of this my last will and Testament and do hereby revoke all former Wills by me made and do declare this to be my true and last will. - In testimony whereof I have set my hand and affixed my seal this seventeenth day of September one thousand Eight hundred and twenty one.

Gustavus Elgin (Seal)

This will was acknowledged in the presents of us and each of us as his last will -
Gustavus Elgin
Benjamin Shreve
Ignatius Elgin
Mathew Elgin

At a Court held for Loudoun County the 10th day of February 1834. This paper purporting to be the last Will and Testament of Gustavus Elgin decd. was presented to the Court and proved by the oaths of Gustavus Elgin and Benjamin Shreve two of the subscribing Witnesses thereto and ordered to be recorded. - And on the motion of Robert Elgin and Murphy C. Shumate who made oath as adm. with the will of the decedent annexed and with Ignatius Elgin, Hamilton Rogers and Charles Shreve their securities entered into and acknowledged a bond in the penalty of Ten Thousand dollars with condition according to Law Certificate is granted them for obtaining letters of administration with the Will of the said Gustavus Elgin decd. annexed in due form.

The following is from a later accounting: By balance due to the heirs of C. Elgin dec'd pd T. Gore their Guardian. The will of the testator directs that one fifth of his estate thereto be paid to the heirs of Charles Elgin dec'd and the remaining four fifths be equally divided among his other three children namely the wife of John Littleton, Robert Elgin one of the administrators, and the wife of M. C. Shumate the other administrator an administration account was settled in 1836. This information was presented by M. C. Shumate, the surviving administrator in 1845.