----- Original Message ----- From: "Charles Sherman" <str8deal2@yahoo.com> To: <tparrish1@hot.rr.com> Sent: Saturday, January 29, 2005 3:05 PM Subject: John Fitzgerald Will > Do not know if you have this. > > Charles > > Text of Will of John Fitzgerald of Pittsylvania County > Virginia > > In the name of God Amen. I John Fitzgerald of > Pittsylvania County and state of Virginia being at > this time in a low state of health but of sound mind > and memory and calling to mind the mortality of man > and knowing it is and appointed for all men to die, do > make this my last will and testament. First I > recommend my soul to Almighty God, and my body to the > earth from whence it came to be buried in a decent and > Christian like manner. > > Secondly it is my will and desire that all my just > debts should be paid and as for what worldly goods > that it has pleased God to bless me with I dispose of > in the following manner to wit. I leave to my beloved > wife Jane Fitzgerald during her natural life the tract > of land whereon I now live, my negro man Tom, all my > stock of Cattle, Horses, Sheep and Hogs, all my > household and kitchen furniture and plantation tools > together with all the crop of every description which > may be on hand either in houses or fields with this > promise that she pay to my children hereafter named > the following sum (Viz?) to Nancy Fitzgerald one > hundred dollars, to Catherine Fitzgerald one hundred > dollars, to Ambrose Fitzgerald one hundred dollars, > all which said several sums shall be paid in such > property as my said wife can best spare at the time > they become of lawful age or marry. It to be valued by > some respectable men as cash (pre?) who are to be > chosen by the parties for that purpose. > > I also give to my son Ambrose Fitzgarreld all my tract > of land on bear branch containing two (living?) > provided he shall become of lawful age, but if he > should die under age and leave no legitimate heir then > it is my will and desire that the above bequeathed > property shall be (ansm...ty) given to my son Jesse > Fitzgarreld and the other (mority?) or half to be > equally divided between my two daughters Nancy > Fitzgarreld and Catherine Fitzgarreld as before named > which I give to them and their heirs forever. > > It is also my will and desire that after the death of > my said wife Jane Fitzgarreld and the payment of the > before named speific .. that all the remainder of my > moveable estate that may be th.. left be equally > divided between my four children to wit, Garrett > Fitzgarreld, Nancy Fitzgarreld, Catherine Fitzgarreld > & Ambrose Fitzgarreld which I give to them and their > heirs forever. It is my will and desire that after the > death of my above named wife Jane Fitzgerald the > before mentioned and line tract of land may be sold > and the proceeds there of do be equally divided > between all my children and their heirs forever having > thus disposed of all my estate both real and personal > I constitute as I am and appoint my above named wife > Executor and my son Samuel Fitzgarreld and Jesse Hardy > Executor to this my last will and Testament, hereby > revoking and disan... all and every otherwill or wills > and testaments heretofore be me made. I do pronounce > and declare this to be my last will and testament. > > In witness whereof I have here unto set my hand > affixed my seal this 29th day of June 1822. > Signed sealed pronounced declared and delivered in > presence of > William Hall Byrd Womack Rebeckah Womack Wm Rupell > James Sayarz Tho Turner William Weldon > > At a court held for Pittsylvania County the 19th day > of July 1824 This last will and Testament of John > Fitzgerald Dec'd was presented in court & proven by > the ... of three subscribing witnesses and ordered to > be recorded & thereupon the motion of Samuel > Fitzgerald ... of the Executor in said will named who > made oath there... according to law and with William > Hamm, William M Williams & Charles Chamey(?) his > security entered into and acknowledged their hand in > the penalty of $5,000 ... as the law directs > certificate granted him for obtaining probate of said > will in due form & ... is reserved to the executrix > therein named to join in the probate when she shall > think proper & thereupon JKesse Harfy the other > Executor named in said will came into court & refused > to take upon himself the ... of the execution thereof. > > Teste > Will Tun.... > > > >