I've found the will of Griffin GARLAND, husband of Mary RUST. Mary was the daughter of Capt. Peter RUST (1710-1761) and Elizabeth NEWTON (1712-~1798). She died before 1791, as her husband remarried in that year. From Garland's will, it appears that Mary had six children: Jeremiah, Benjamin Newton, William Griffin, Peter Rust, Elizabeth Rust (Garland) Yerby, and Mary Griffin (Garland) Dudley. The other daughters mentioned were probably by Garland's second wife, Frances ---. Will of Griffin Garland, Richmond Co, VA, wr 1804, pr 1808, pp. 718-724; photocopy in possession of K. Much. "Griffin Garland of the State of Virginia and Richmond County doth make this my last will being by divine blessing in good health and perfect memory. First, . . . my body to be interred in the family burying ground as near as possible to my dear wife and children heretofore departed this life with decent christian buryal by my executor hereafter named. It is my will and desire that all my just debts be fully paid, there are some Debts due me at a distance, it is my will and desire the same be collected by my executor hereafter named or some person whome he may employ for that purpose, and that an allowance be made him, or them on request to their trouble and reasonable expences, for as much as can be collected of the same, and brought by Executor to the credit of my estate generally. The bond of Phil: Rose of North Carolina which came inclosed to me from my son William Griffin Garland is not my property but his, which ought to be collected in like manner as debts due me at a distance; and satisfaction made out of the money so collected, after which the money they so collected to be paid to my said son William Griffin Garland on his order. My will and desire is that the yellow girl Phelitia otherways called Philitia Parrot daughter of Rose, I purchased under Execution of the estate of Mr. John Wormely, shall live with my daughter Alice Martin Garland until shee Philitia arrives to the age of eighteen years (she being born the twentieth day of December seventeen hundred and ninety seven) during which time she shall be treated as a free born orphan child; and to have two years schooling or otherways taught to read and write, and at the age of eighteen years as aforesaid, my said daughter Alice Martin shall pay her the usual freedom dues as apprentices receive; at the age aforesaid the said Phelitia Parrot shall be liberated and free; to all intents and purposes as any other person whatever, any law, custom, or --?-- to the contrary notwithstanding. In case of the death of my said daughter Alice Martin before Phelitia arrives to the age of eighteen years, she shall live with either of my other daughters as she may choose until she shall arrive to that age, during which time the said Girl Phelitia shall not be carried out of the four lower Countys in the Northern Neck under any pretence whatever, under the penalty of such time of servitude being forfeited immediately. Provided my loving wife Frances Garland, stand to and abide by this my last Will in every respect and in that case only, I give to her use all the estate I had with her, the Man Aaron, woman Easter[?] and all her children which she now hath or hereafter may have, and all the increase of the females of them and all the stocks of cattle not less than fifteen head including two Yoak of work oxen which have escaped the distemper that has been among that kind of cattle, nine head of sheep, sorted, twelve head of Hogs sorted, as to size and kind, and all the household and Kitchen furniture I had with her, except such things as may have been lost or worn out in the use of the family, my estate is not to make them up nor pay any kind of consideration for them; after my wife's death I give those Negroes mentioned, stocks and furniture to my daughter Alice Martin Garland and to her heirs forever. Provided my wife abides by this my last will as aforesaid I give to her use during her widowhood, the man Dick and woman Rose both I bought under execution, also my riding carriage, harness and horse, and after the death or widowhood of my said wife, with all future increase of the said woman Rose shall return to my executor, and shall go as I shall herein direct as the remaining part of my estate. In the winter after my death it is my desire that my wife shall have six hundred pounds of well fatted pork, one fatted beef, Twenty barrels of corn, and ten bushels of wheat for her use, and all her negroes clothed out of my estate. She shall be paid twenty four pounds a year by my son Jeremiah Garland or other who may hold the tract of land I now live on, during her life. The above bequest to her I consider and is intended as a full consideration of all Dower she may claim in lands, slaves, or other property of mine, and also in lieu of any claim she may have make to the negroe girl Lucy I had by her, and have sold by my said wifes consent for our joint benefit. I give my wife Frances Garland one good ox cart, wheels, two ox yokes, one plough, and ox chains. I give to my daughter Alice Martin Garland, fifty pounds to be paid when she comes of age or marries, in either money or property at valuation provided my said wife stand to this my will as aforesaid, but if she does not, in that case, I give to my said daughter only Ten shillings and no more. The land I have in the county ["No. 2" written in upper corner] County [sic] of Buckingham ^I have sold^ to Captain Lewis Wilkinson of that County, if I should not live to make a title to the same to him or his heirs, it is my desire upon the said Wilkinson paying of the contract for the same, that my Executor's deed alone to him or his heirs shall be good title for the same. In lieu of other claims my son Jeremiah Garland shall make against me or my estate, I give to him and his heirs forever, three years after the first day of January next, the Bridge which I have built over the little creek of Totuskey, all profits arising therefrom, provided I shall depart this life before that time. The profits is to be received as my estate by my executor, after the said three years; to belong to my said son Jeremiah. I also give to my said son Jeremiah Garland and his heirs the colt now by the side of the Bay Mare I had of Mr. Walter of Maryland also my still tubb worm and all tite casks, --- Tubbs, Troughs, Cribbs, and Timber for the purpose of making tite casks and Tubbs, and all timber for the purpose of building, together with one half of all Carts Tumblers[?], I now have, or may have at the time of my death, I give to my said son Jeremiah and his heirs forever; the tract of land whereon I now live, and purchased of Cap^t Samuel Kelnick[?] subject as follows--All his brothers and sisters taking fish on those shores; and also Cap^t Peter Northen and all his sons forever, he being subject to the [struck through: payment of the] yearly payments of Twenty pounds to my wife Frances Garland during her life, and also to pay to his brother Benjamin, Two hundred pounds with all convenient speed, within four years after my death, and also to take care of in his own house to provide for his two sisters, Sarah Gwynn, & Betsy Brereton Garland ...[ellipsis sic], during their life or marry they to find their own clothing, If in case my said son Jeremiah Garland before he marrys, or leaving now [sic] lawful child or children, nor a wife in ceint [sic] of a child, then I give the said tract of land heretofore expressed to my said son Jeremiah Garland to my son Peter Rust Garland and his heirs forever under the same restrictions as Jeremiah is bound in every respect, except the payment of Two hundred pounds to my son Benjamin in lieu of the Two hundred my said son Peter shall pay five hundred pounds one moiety or half part thereof to my said son Benjamin or his heirs forever within the time aforesaid. The negroes called the Westmoreland negroes ^and their Increase^ which I had by first wife Mary daughter daughter [sic] of Peter Rust, I give to be equally divided between all the children I had by the said Mary, by name Benjamin Newton, William Griffin, [Mary Griffin struck through] Jeremiah, Peter Rust, and William Griffin Yerby son of my daughter Elizabeth to them and their heirs forever. It is my desire the money I am now indebt to my son Benjamin shall be paid him independent of any bequest whatever. I give to my said son Benjamin Newton all the stock and furniture I have heretofore let him have which he now hath, also I give him my surveying and plating [sic] Instruments together with all plats of surveys and land papers, except those papers respecting my own land to their right owners, and also half dozen silver Table spoons marked S^R^M. [struck through: I give to my Daughter Mary Griffin Dudley all the stock and furniture she --- had and now in her possession]. I give to my son Peter Rust all the stock and furniture he now hath. I give to my son William Griffin, two negroe boys by name Griffin and Jack to him and his heirs forever, if in case I should sell either or both of them, others shall be given him in lieu, or if either or both should die before me ^he shall have them^. I give to my two daughters the woman Lucy (which I purchased of Cap^t William Smiths estate) and all the children she now hath by name Toney, Travis, Isaac and Harry or hereafter may have, and also the woman Winney and all the children she now hath or hereafter may have, and the increase of the females of them [struck through: to my two daughters Sarah Gwynn and] Betsy Breraton Garland, to them and their heirs forever. [struck through: it is my desire that a division of these negroes shall be made between my said two daughters but be held in a joint stock, each receiving one half of the yearly benefit; and each to abide by such --- as may --- until the marriage of either of them then a division shall take place equally, if in the case of the death of either of them the other shall have all, and in case both shall depart this life leaving no child or children all of the said negroes and their increase shall return into the hands of my legal representative and be divided as I shall hereafter direct.] I give to my daughter Sarah Gwynn Garland the bed and furniture called hers. my Daughter Betsy Breraton shall also have bed and furniture, the bed and furniture called my daughter Alice Martin shall be given to her. I give to my grand son William Griffin Yerby and heirs forever one negroe Boy [struck through: called] by name Phil Parrot tho commonly called Parrot, and a negro boy Phil Johnson both sons of man Phil. Interlined in two places above before assigned. Griffin Garland. "No. 3. Phil both of which I bought under execution of the estate of Mr. John Wormly. it is my will and desire that my boy George shall [bottom of page 721; page 722 appears to be missing] "[Page 723] I have herein made for them, otherwise they shall forfeit all claim and interest they can have in this my last will. Witness my hand and seale, this tenth day of September 1804. Griffin Garland (seal) "Test. Interlined before assigned between the second and third lines before assigned in these words 'Except my son Benjamin N Garland who is to be paid the balance due him for money lent me & other things.' Griffin Garland "At Court cont^d and held for Richmond County the 5th day of July 1808. Two writings marked No. 1 & No. 2 purporting to be the last will and Testament of Griffin Garland dec^d were this day offered for probat, by Jeremiah Garland and contested by John Dudley, upon hearing the parties by counsel, the question being taken as to the one marked No. 1 the Court is of opinion that the same is not the will of Griffin Garland dec^d therefore rejected, and the question being taken as to the one marked No. 2, the Court is of opinion that the said paper No. 2 duly executed and dated the 10th day of September 1804 admitted to be all in the handwriting of the Testator, is the last will of the Testator, received and ordered to be recorded. Whereupon the said John Dudley prayed for and obtained an appeal to the first day of the next District Court to be held at Northumberland Court house, who gave security according to law. Teste. B. McCarty, CkC. "A Cercuit Superior Court continued and held for Richmond Cunty the 19th day of April 1809. Upon an appeal from the County Court of Richmond obtained by John Dudley to an order of the said Court the 5th day of July 1808, whereby a certain writing marked No. 2 purporting to be the last Will and Testament of Griffin Garland dec^d offered for probat by Jeremiah Garland duly executed and dated the 10th day of September 1804 was received and admitted to record by the said County Court. This day came the parties aforesaid by their attornies and thereupon the record of the said order, and the writing purporting to be the last will and Testament of the said Griffin Garland dec^d being seen and inspected, it seems to the Court here that there is no error in the said order. Therefore it is considered by the said Court that the same be affirmed and that the said Jeremiah Garland the appellee recover of the said John Dudley the appellant his costs by him about his defence in this behalf expended. Jeremiah Garland Trustee named in the last will and Testament of Griffin Garland dec^d came into Court and took the oath prescribed by by [sic] law, and with Benjamin N. Garland Bartho: McCarty, and Daniel Lawson his Securities entered into and acknowledged their bond in the penalty of fifteen thousand dollars conditioned on the --- direct, whereupon a certificate is granted him for obtaining a probat thereof in due form. Teste. B. McCarty CkC R.C." Copyright @1998 Kathleen Much Copying is permitted for noncommercial, educational use by individual scholars and libraries. This message must appear on all copied material. Any other use, including electronic reproduction or distribution, requires written permission of the author. kathleen@casbs.stanford.edu