James Halley’s Will
Contributed by Wanda Snyder
Will of James Halley, Sr. - Fairfax Co., VA –
Will Book F - pgs 134 - 140, 01 Feb 1792
In
the name of God amen I James Halley Snr of Fairfax County and Commonwealth of
Virginia being far advanced in age and weak in body but of sound mind and memory
and calling to mind the mortality of man and that it is appointed for all men
here once to die do make and ordain this my last Will and Testament and after
recomending my Soul unto God who gave it me and my body to the earth from
whence it come to be buried in such Christian like manner as to my executors
hereafter named shall think proper I direct in manner and form as follows viz:
Imprimis: I give and bequeath unto my son Henry Simpson Halley the Tract or
parcel of land whereon I now live together with the other lands adjoining that
on which I at present live which are now my property situate in the parish of
Truro County as foresaid and on the waters of Popes head and Difficult;
excepting the Lot of Land whereon the Popes head Meeting house now stands
including the spring neare thereto as per? a survey lately made by Thomazin
Ellzey for that purpose which said Lott of land I have reserved & set apart
for the use and benefit of the present Baptist society their Successors,
(meaning the possession) to him the said Henry Simpson Halley and to his Heirs
forever. Item I give and bequeath unto my son Francis Halley and to his Heirs
forever all the remainder of my tract of land situate on the Waters of Pohick and
County aforesaid containing two hundred and give Acres be the same more or
less.
Item
I give and bequeath unto my daughter Sybill Peake the following property Viz: A
feather bed and furniture and a Cow and Calf which she shall make choice of and
also the horse which I lately delivered to her and the sum of Thirty pounds in
Cash to be paid her by my Executors out of the proceeds of the rest and residue
of my Estate hereafter directed to be sold and it is my desire that she enjoy
the use of the room she now lives in till it shall be convenient for her to
remove, also I desire that my said daughter Sybill Peake have the use of my
Desk, the Chest commonly called her Chest and a small ovall Table also my negro
boy called Peter which said Negro, Desk, Chest, and Table, is only lent her for
and during the term of her natural life and at her decease are to return and
descend to my other children as is hereinafter mentioned and to their Heirs.
Item:
I give and bequeath unto my daughter Sarah Haney and to her Heirs the sum of
Twenty pounds in Virginia Currency, to be paid her by my Executors out of the
proceeds of the rest and residue of my estate directed hereafter to be sold.
Item
I give and bequeath to my daughter, Mary Crump or to her Heirs the sum of
Twenty pounds Virginia Currency to be paid by my Executors out of the proceeds
of the rest and residue of my Estate hereafter directed to be sold. Item I
give and bequeath unto my Daughter Saio/Said? and to her Heirs the sum of
Twenty pounds Virginia Currency to be paid her by my Executors out of the
proceeds of the rest and residue of my Estate hereafter directed to be sold.
Item
I direct that all the rest and residue of my Estate not already devised be sold
by my Executors hereafter named or the Survivors of them to the highest bidder
and the money arising from such sale after paying my just debts and funeral
expenses and paying the above specific legacies I direct may be equally divided
between my following children Viz: William Halley, James Halley Junr, John
Halley, Richard Halley, Francis Halley, Henry Simpson Halley, Sarah Halley,
Sybill Peake, Mary Crump. Mary Crump and Susanna Saio/Said? and their Heirs
forever.
Item
I give and bequeath unto any following children and to their Heirs Viz: William
Halley, James Halley Junr, John Halley, Richard Halley, Francis Halley, Henry
S. Halley, Sarah Haney, Mary Crump and Susanna Saio/Said? the Negro boy named
Peter the Desk, Chest and Table herein before lent to my daughter Sybill Peake
to decend to them after the death of my said daughter Sybill Peake equally to
be divided.
And
lastly I appoint my three sons Viz: William Halley James Halley Junr and Henry
Simpson Halley Executors of this my last Will and Testament revoking and
disannulling all other and former Wills by me made either by word or writing
& confirming and acknowledging this and this only to be my true and last Will.
In witness whereof I have hereunto set my hand and Affixed my Seal this 1st day
of February in the year of our Lord one thousand seven hundred and ninety two
---
Signed
Sealed & acknowledged
in
the presence of James Halley (Seal)
Rcd
Ratcliff
Penelope
Ratcliff
Robt
Ratcliff
At
a Court held for Fairfax County 16th July 1792 This Will was presented in Court
by James and Henry S. Halley Executors therein named who made oath thereto and
the same being proved by the oaths of Richard and Penelope Ratcliff is admitted
to record the said Executors having performed what
the
law requires in such cases a certificate is granted them for obtaining a
probate thereof in due form.
Test
J. Wagener Clk
Know
all Men by these presents that we James Halley Henry Simpson Halley Richard
Ratcliff and Peter Coulter are held and firmly bound unto Robert T. Hove? James
Wren John Moss and Benjamin Dulaney Gent Justices of the County Court of
Fairfax now setting in the sum of one thousand pounds to the payment whereof
well and truly to be made to the said Justices and their Successors we bond
ourselves our Heirs Executors and Administrators jointly and severally firmly
by these presents. Sealed with out Seals and dated this 16 day of July 1792. The
Condition of the above obligation is such that if the said James and Henry
Executors of the last Will and Testament of James Halley deceased do make a
true and perfect Inventory of all and singular the goods chattles and credits
of the said deceased which has or shall come to the hands possession or knowledge
of the said James and Henry or into the hands or possession of any other person
or persons for them and the same so made do exhibit unto the said County Court
of Fairfax at such time as they shall be thereunto required by the said Court
and the said goods chattels and credits do well and truly Administer according
to law and make a just and true account of their actings and doings therein when
thereto required by the said Court and further do well and truly pay and
deliver all the Legacies contained and Specified in the said Will as far as the
said goods Chattles and Credits will extend according to the value thereof and
the Law shall charge then their obligation to be void else to remain in full
force and virtue.
Sealed
& Delivered James Halley (Seal)
in
presence of Henry S. Halley (Seal)
Rd
Ratcliff (Seal)
Peter
Coulter (Seal)
At a Court held for Fairfax County 16th July 1792 James and Henry S.
Halley, Richard Ratcliff and Peter Coulter acknowledged this Bond to be their
Act and Deed which is ordered to be recorded.
Test
P. Wagonor Co.