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Will of William Fox
Signed on 13 Dec 1809
found in Loudoun Co., VA Will Book I, pg. 121

Transcribed by Sue Beach

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In the name of God Amen. I William Fox of Loudoun County being weak of body but of Sound mind and memory and calling to mind the uncertainty of human life and being desirous to dispose of all such worldly Estate as it has pleased God to bless me with, do make and ordain and declare this Instrument of writing to be my last will and testament revoking all others. My just Debts and funeral expenses being first paid,

I give my beloved wife, Mary Fox, my Negroe [sic] man Peter, my Negroe [sic] Boy Ned and my Negroe [sic] Girl Milly to her during her natural life. And at her death to be equally divided amongst my Children hereafter mentioned but if the aforesaid Negroe [sic] Girl Milly should have any Children it is my Will and I do hereby direct that they should have their freedom when they arrive at the age of twenty five years likewise I give to my Wife Mary Fox two horses one pair of oxen and one Cart, for Cows, eight sheep six Hogs two pair of geers[?] two ploughs one Iron toothed harrow such as she shall see proper to select out of my property. Also my Negroe Boy Peter until my son Alfred B Fox shall arrive to the age of twenty one years. I likewise give to my wife Mary Fox all my Household and Kitchen Furniture of every description and that it remain unsold and at her disposal except one feather Bedd [sic] and bedding to be given to each of my Children Viz. Mary Francis Alphred [sic] Elizabeth and Bushrod, when they arrive to the age of twenty one years.

I give to my son Alphred [sic] B Fox the plantation which I purchased of Asa Harris together with a part of the plantation whereon I now live to be laid of by Executors in the following manner Beginning at a black oak tree at the end of a line in Wooslleys line running west till it intersects the fence on the west side of the first field. Thence with the said fence until it intersects a small branch from thence to Steers line To run so as to divide the piece of timber land nearly equally thence with Steers line to the line of the land I purchased of Asa Harris so as to lay off between fifty and sixty acres of land to him his heirs and assigns forever.

Likewise I give to my son Alfred B Fox my Negroe boy Peter to him his heirs and assigns, But the above mentioned Land and Negroe is to remain in the possession of my wife Mary Fox until my son Alphred arrives at the age of twenty one years at which time he is to have full possession of both land and Negroe, but if the said Alphred should dye [sic] before he arrives at the age of twenty one years leaving no lawful issue It is my will that that part of the land which I purchased of Asa Harris should be sold by my Executors hereafter named and the money arrising [sic] from the sale thereof together with the aforesaid Negroe Boy Peter to be equally divided between my three Daughters Viz Mary Frances and Elizabeth and that part or piece of land taken from the plantation whereon I now live and annexed to the plantation above mentioned shall then and in such case fall back and be attached to the plantation if formerly was and be my son Bushrod M Fox and his heirs and assigns forever.

I give to my son Bushrod M. Fox the plantation whereon I now live (except the part taken off for my son Alphred) to him his heirs and assigns forever But to remain in the possession of my wife Mary Fox until he arrives to the age of twenty one years.

I give to my Daughter Mary Fox one thousand Dollars to be paid to her by my Executors when she arrives to the age of twenty one years to be raised out of my personal Estate to her heirs and assigns forever.

I give to my Daughter Frances Fox one thousand dollars to be paid to her by my Executors when she arrives at the age of twenty one years to be raised out of my personal estate to her heirs and assigns forever.

I give to my Daughter Elizabeth Fox one thousand dollars to be paid to her by my Executors when she arrives to the age of twenty one years to be raised out of my personal estate to her, her heirs and assigns forever. It is my will that my wife Mary Fox remain and have possession of the Dwelling house and plantation whereon I now live to use occupy possess and enjoy the same untill [sic] my son Bushrod M Fox is twenty one years of age, likewise the rents and profits arising from the plantation I have willed to my son Alphred B Fox until he arrives at the age of twenty one years (except such part as will be hereafter excepted, which rents and profits is to be applied towards Clothing supporting and Schooling my Children heretofore mentioned in so much thereof as will be sufficient for that purpose the balance if any to be my wife's to dispose of as she may see proper.

It is my will that if my wife Mary Fox shall remain And be a Widow at the time that my son Bushrod M Fox shall arrive at the age of twenty one years that then and in such case she is to keep possession of one third part of the dwelling house and to have one third part of whatever the farm willed to my son Bushrod M Fox will rent for the rent to be valued by three disinterested persons to be paid to her yearly and every year during her life or so long as she remains my widow but no longer. But if my son Bushrod M Fox should dye [sic] before he arrives at the age of twenty one years It is my will that my wife Mary shall remain in possession of the plantation willed to said Bushrod untill the period shall arrive when he should have been of the age of twenty one years, and after that time to have possession of the one third part as before mentioned in the same manner and on the same principles as if he should continue to live.

It is my will that should there not be the sum of three thousand Dollars raised from the sales of my personal Estate to pay the Legacies of my three Daughters Viz Mary Francis and Elizabeth as before stated that it shall be made up out of the rents arising from the plantation willed to my son Alphred. It is my will and I do hereby direct my Executor that if in their opinion it shall appear hereafter that any of my children herein before mentioned shall not receive sufficient support Clothing or schooling from their Mother that Then and in that case they shall draw out of the profits arising from the aforesaid farm a sum sufficient to answer the purpose of Schooling Clothing and Supporting them in a manner they shall think proper and reasonable.

It is my will that should my son Bushrod M Fox dye [sic] before he arrives at the age of twenty one years leaving no lawful issue and my son Alphred should be then living that then and in that case my son Alphred B. Fox shall take possession of and have the plantation whereon I now live which I have willed to my son Bushrod M Fox on the same terms and under the same restrictions that I have willed it to my son Bushrod and that the said Alphred shall then relinquish all claims to that part of the plantation willed to him which I purchased of Asa Harris and that the same be sold by my Executors and the money arising from the sale thereof be divided in like manner between my three Daughters Mary Francis and Elizabeth as if my son Alphred B Fox had died before he arrived at the age of twenty one years.

I give to my Daughter Mary Fox one share of fifty dollars in the Leesburg turnpike Company. I give to my Daughter Francis Fox one share of fifty dollars in the Leesburg Turnpike Company. I give to my Daughter Elizabeth Fox one share of fifty Dollars in the Leesburg turnpike company.

I give to my son Alphred B. Fox one share of fifty dollars in the Leesburg turnpike Company which share is to be paid out of my personal estate, but the shares left to my three Daughters is to be considered in part of their Legacy,

and lastly I appoint my loveing [sic] wife Mary Fox and my friend Robert Braden and Conrad[?} Balzer Executrix and Executors of this my las will and testament and I do likewise appoint my two sons Alphred B Fox and Bushrod M Fox should they live until they arrive to the age of twenty one years to be Executors with those above mentioned of this my last will revoking all former wills by me heretofore made ratifying and confirming this to be my last will and testament. As Witness my hand and Seal this thirteenth day of December one thousand eight hundred and nine 1809.

William Fox (seal)

Signed Sealed} publish'd and} performed in} presence of}
Jos Braden Jr
Cephus Fox
Charles Bennett
Junr John Braden

At a Court held for Loudoun County February 12th 1810 This Will of William Fox deceased was proved by the oaths of Cephus Fox, Charles Bennett and John Braden witnesses thereto and ordered to be recorded and on the motion of Mary Fox Executrix and Robert Braden Executor therein named who made oath according to law and together with James Moore, John Braden, David Reese and Archibald Means their securities entered into and acknowledged their Bond in the penalty of nine thousand dollars with condition as the law directs Certificate is granted them for obtaining a probate thereof in due form and liberty is reserved the other Executors to join in the probate thereof when they shall think fit and become of age. Teste C. Binns C.L.C.