At a court held for Stafford County 10th December 1701 present His Majesties Justices for the said County In the name of the Father, Son, & Holy Ghost, trinity & unity, unity & trinity, three Persons & one God blessed for evermore Amen. I William Fitzhugh of Stafford county in the colony of Virginia, Gent., being by God’s grace bound for England and knowing the frailty & uncertainty of man’s life and being at present in perfect health and memory, do now ordain, constitute, and appoint this my last will & testament, revoking all other former or other wills this 9th day of April 1700. Imprimis. I recommend my soul into the hands of God through the mediation & intercession of my blessed Savior and Redeemer, hoping by the merits of His death and burial to have my sins washed away in His blood nailed to His cross & buried in His grave, and by His merits and passion to obtain everlasting life & therefore do now dispose and bequeath such estate as it hath pleased God in his mercy to bestow upon me after this manner following after they have disposed my body to decent interment without noise, feasting, drink, or tumult which I not leave but enjoin my executor or executors hereafter named to see decently executed. Item. I give and bequeath to my eldest son Wm. Fitzhugh all those tracts of land following (viz). All that tract of land known by the name of Vaulx Land lying & being in Westmoreland county containing 6000 acres, also that tract or parcel that escheated from Oliver Griffin lying in Nomony in Westmoreland county containing 475 acres, also one other tract of land joining upon the above said land of Vaulx, his land before devised & patented by myself containing 2197 acres, also one other tract bought of Patrick Muckleroy lying at the head of Popes Creek in Westmoreland containing 250 acres, also the one half of another tract above Ocquaquan in Stafford county patented by myself containing 21996 acres, all of which said tracts & dividends of land as above expressed I give to the said William Fitzhugh to have and to hold the said tracts and parcels of land to him & the heirs of his body lawfully begotten and for want of such heirs then to my son Henry Fitzhugh and the heirs of his body lawfully begotten and for want of such heirs to my son Thomas Fitzhugh and the heirs of his body lawfully begotten and for want of such heirs to my son George Fitzhugh and the heirs of his body lawfully begotten and for want of such heirs then to my son John Fitzhugh and the heirs of his body lawfully begotten and for want of such heirs to my right heirs forever. Item. I further give and bequeath to my said son William all that tract & parcel of land I now live on in Stafford county containing 1000 acres to be equally divided betwixt him & his mother equally halves & after her decease, then I give & bequeath the said tract wholly to the said William Fitzhugh & the heirs of his body lawfully begotten & for want of such heirs then to Henry Fitzhugh & the heirs of his body lawfully begotten & for want of such heirs then I give it to Thomas Fitzhugh & the heirs of his body lawfully begotten and for want of such heirs the I give the same to George Fitzhugh and the heirs of his body lawfully begotten and for want of such heirs I give the same to John Fitzhugh & the heirs of his body lawfully begotten and for want of such heirs then to my right heirs forever. Item. I give & bequeath to my son Henry Fitzhugh all those tracts of land following (viz). The other moiety or half lying above Ocquaquan in Stafford county patented by myself containing 21996 acres whereof I have given his brother Wm. one half, also one tract of land containing 600 acres known by the name of Church Quarter Land, also another tract of land lying at the head of Potomac Creek in Stafford county containing 6000 acres known by the name of Wilkinson’s Patent, all which said tracts & dividends of land above expressed I give to the said Henry Fitzhugh to have and to hold the said tracts & parcels of land to him and the heirs lawfully begotten of his body forever and for want of such heirs then to my son William Fitzhugh & the heirs lawfully begotten of his body and for want of such heirs to my son Thomas and the heirs of his body lawfully begotten and for want of such heirs to my son George & the heirs of his body lawfully begotten and for want of such heirs then to my son John & the heirs of his body lawfully begotten and for want of such heirs then to my heirs forever. Item. I give & bequeath to my son Thomas Fitzhugh all these tracts & parcels of land following (viz). All that tract or parcel that I bought of Mr. Waugh containing 400 acres lying upon Rappahannock , one half thereof being now leased William Yates, also another tract of land containing 1090 acres bought of Parson Waugh lying in the forest betwixt Rappahannock & Potomac Creek & nigh the head thereof, also another tract containing 200 acres that I bought of Parson Waugh & now leased to John Martin & Kitt Herring, also one other tract containing 350 acres lying upon Rappahannock River escheated from George Sheppard, also another tract of 350 acres bought by me of John Chadwell lying upon Rappahannock River, also another tract containing 1248 acres which I bought of John Clendenny in Rappahannock Forest, also one other tract containing 1246 acres which I bought of Richard Sheepy & lying also in Rappahannock Forest, all which tracts & dividends of land as above expressed I give to the said Thomas Fitzhugh to have & to hold the said parcels & tracts of land to him & the heirs of his body lawfully begotten forever & for want of such heirs then to my son Wm. Fitzhugh & the heirs of his body lawfully begotten and for want of such heirs then to my son Henry Fitzhugh and the heirs of his body lawfully begotten and for want of such heirs then to my son George Fitzhugh & the heirs of his body lawfully begotten and for want of such heirs then to my son John Fitzhugh and the heirs of his body lawfully begotten and for want of such heirs then to my right heirs forever. Item. I give and bequeath unto my son George Fitzhugh all those tracts & parcels of land (viz). All that part or parcel of land that I bought of Mr. Carey joining upon Mr. George Brent, Mr. Mathew Thompson, and others upon Acquia & Choppawomsick creeks in Stafford county containing 2100 acres and the first choice of a dividend of land containing 6000 acres patented by the said Carey’s father & another named ---------, who by survivorship has lost all his right, title, & propertyship therein as by the patent will fully appear but his heir --------has promised to be at all the charges of the survey and division as aforesaid to be made at the proper cost & charges of the said ----- ------, then George or his guardian hereafter named to take the first choice, but if the said ----- ----- should not lay out & make partition upon his own proper cost & charges, I give the said 2100 acres & all the right & property to the said 3000 acres as aforesaid as shall be hereafter expressed provided he, the said ----- -----, follows not the agreement of allowing 400as above expressed & pay all charges as aforementioned that then my said son George aforesaid have all my right title & interest thereunto, also I give another tract of land containing 500 acres lying upon Quantico Creek in Stafford county escheated from Henry Walker, also another tract lying near Quantico in Stafford county being the 1/9 of 800 acres escheated by Captain George Brent and myself from one Mary Heslington, the moiety thereof being 400 acres, though all falls to me by survivorship, yet we agreed in our lifetimes not to take advantage, but he that survived should have the whole tract laid out & divided at the cost & charges of the executors or administrators of the dividend & then the survivor should take his first choice which I now agree to accordingly and will not take advantage of survivorship if they perform the conditions aforesaid, also another tract lying at the head of Quantico in Stafford county being the half of a dividend of 2150 escheated by myself and Mr. John Newton from one Henry Walker, the moiety being 1075 acres though all falls to me by survivor, yet we agreed in our lifetimes not to take advantage, but he that survived should have the whole tract laid & divided at the cost & charges of the executors or administrators or those that pretend claim thereto either of the dividends or those that have the right by his bequest and then the survivor to take the first choice which I now agree to accordingly and will not take advantage of survivorship if they or any of them perform the condition aforesaid, also another tract lying near the falls of Ocquaquan in Stafford county containing 1000 acres patented by myself and where once a tanyard was made by Mr. Rice Hooe’s father, also another tract of land lying between Hollowing Point & Dogges Island in Stafford county within two miles of Colo Mason containing 500 acres escheating from one Mary Ireland, all which tracts & dividends of land as before expressed I give to the said George Fitzhugh to have and to hold the said parcels or tracts of land to him & the heirs of his body lawfully begotten and for want of such heirs then to my son William Fitzhugh & the heirs of his body lawfully begotten and for want of such heirs then to my son Henry Fitzhugh and the heirs of his body lawfully begotten and for want of such heirs then to my son Thomas Fitzhugh & the heirs of his body lawfully begotten and for want of such heirs then to my son John Fitzhugh & the heirs of his body lawfully begotten & for want of such heirs to my right heirs forever. I give & bequeath to my son John Fitzhugh all those tracts & parcels of land following (viz). All that tract & parcel of land I bought of Doctor Richard Bryant lying in Paspatanzey Forest containing 200 acres being now leased to said Doctor Bryant, also one other tract of land containing 150 acres which I escheated from Charles Ansell lying upon the back of my dwelling plantation being now leased to John Mee & Stephen Sebastian, also one other tract containing 200 acres which I escheated from Booker & his heirs nigh Chotank Creek in Stafford county and in the possession & lease of Richard Broad, also one other tract containing 548 acres which I bought of John Mathews lying upon Paspatanzey Forest and now part thereof in the tenancy of one Philip the tailor, also one other tract containing 400 acres which I bought of Joseph Newton lying near Machotick Dam and a little distance from my dwelling plantation & tenanted by Nicholas Savin, Joel Striplin, & Richard Wall, also one other tract containing one hundred acres which I bought of Richard Ellkin lying near John Grigsby’s & now leased by Stephen Sebastian, also another tract containing 175 acres which I bought of Thomas Porter lying in the forest betwixt Rappahannock & Potomac & now tenanted by Robert Jones, also another tract containing about 400 acres which I bought from one Edmund Pierce lying upon Machotick Dam and a little distance from my dwelling house now tenanted by George Downing, Charles Martin, & Wm. King, also one other tract containing 100 acres which I bought of John Colkley lying near and adjoining to William Bumbury’s now tenanted by Emanuel Hum, all which said tracts & dividends of land as before expressed I give to the said John Fitzhugh and the heirs of his body lawfully begotten forever and for want of such heirs then to my son William Fitzhugh and the heirs of his body lawfully begotten and for want of such heirs then to my son Henry Fitzhugh and the heirs of his body lawfully begotten and for want of such heirs then to my son Thomas Fitzhugh and the heirs of his body lawfully begotten & for want of such heirs then to my son George Fitzhugh and the heirs of his body lawfully begotten and for want of such heirs then to my right heirs forever. Item. Whereas I have given to my dear & loving wife Sarah Fitzhugh the one moiety of half of the plantation & tract of land that I now live on together with the use & benefit of the still thereon equally to be divided betwixt my son William & her in lieu of all dower & rights & title of dower to my lands before mentioned which will not only be manifest a due respect to me when reduced to dust & ashes, but a preservation and assistance to the residue of my poor young orphans left behind, that she will take & accept of that in lieu of full title of dower to my lands before bequeathed which are not taken, the due thirds of each in equivalent value to compense in profits with the half of this seat and by her title cannot be improved during her life because an estate in dower will not reach to further nor future improvements, but if this be unkindly or rather shall I say unnaturally refused, then I must say and must give her & do by these presents give her full thirds of all my lands, each third to be taken out of each dividend that all my children may bear their equal proportion in such an unkindness which I do assure myself will never happen. Item. Whatsoever lands, tenements, or plantations belonged to me in Virginia, or what rights or pretensions I may have to any lands in England or the province of Maryland, I give to my son Wm. and his heirs forever. And for what personal estate God almighty hath been graciously pleased to endow me with, I give and bequeath as followeth: Item. I give to my dear and beloved wife seven Negroes (to say) Harry & his wife Katherine, Kate, Will and his wife Peggy, Hanna & her youngest child to her & her dispose forever but still with this intercession & request to my dust in the ground either when she dies or before a second marriage, that she would secure the three youngest of the said Negroes to my three youngest children or to which of them best pleaseth her by their dutifulness & obedience to them & their heirs. I give to my said beloved wife one silver basin, three silver plates, one of the lesser silver candlesticks, a silver salt, half my silver spoons in the house, the second best silver tankard, a silver porringer & a large silver ladle, & the great silver tumbler to her & her heirs forever with this request & desire also that if necessity do not enforce her to sell the said plate in her widowhood or before a second marriage that she would be so kind that my two youngest sons George & John to have them authentically secured before her death or if she please before a second marriage but I say be the things to her all & her own disposal. Item. I give and bequeath to my eldest & well-beloved son Wm. Fitzhugh 8 Negroes, to say Giles & his wife & son’s children, to say Susan, Ned, Giles, & Joe, Tomlin, & Peter, and a ninth I give, mulatto Betty to have & to hold to him & his heirs forever.