George Mason of Lexington (1753-1796)

Will, 1796

Fairfax County, Virginia
Will Book G-1, p. 254-262
Entered: December 10, 1796

I, George Mason of Lexington in the Parish of Truro & County of Fairfax being of perfect & sound Mind & Memory but in bad health & Mindfull of the uncertainty of human Life do make & appoint this my last Will & Testament. My Body I desire may be decently Buried but without pomp or parade in a plain unornamented Coffin in the family Burying Ground of Gunston - I request and particularly desire that neither my family nor Friends wear Mourning for me unless it be a scarf or sume such triffling Badge My wordly Estate I dispose of in manner & form following-

IMPRIMIS I Give & bequeath to my wife Elizabeth during her life or Widowhood my Mansion House & Seat called Lexington together with the Gardens, Orchards, & pasture adjoining-

ITEM I give & bequeath to my wife during her Life or widowhood my Plantation in Dogue Neck Commonly called the Dogue Neck Quarter where I Fugate is Overseer for the present year 1795 - together with all the Negroes Stocks of Horses Cattle, Sheep, Hogs &c which shall properly belong to and be maintained at the said Plantation at my Death with all the plantations utensils & IMPLIMENTS of Husbandry thereto belonging-

ITEM I give and devise to my wife during her Life or Widowhood the six following Slaves to wit Sarah, Phillis, Betty, Cooke, Charles, Jerry son of Occoquan Nell, & George son of Phillis, also my saddle horses, Carriage & Horses, and my Waggon & Horses at Lexington also the use of all my Plate Household & Kitchen Furniture also the right & Privalege of geting wood and Lumber in any part of my Land in Dogue Neck for the proper use of the said Plantation in Dogue Neck & the mansion House & Plantation at Lexington

ITEM I give and Devise to my sons George & William & their Heirs forever when they arrive at the age of twenty one years or marry whichever shall first happen my Tract of Land whereon I now live called Dogue Neck to be devided between them by the following Lines or Bounds viz to begin on the River Potomack at the place called the Causeway Point at the mouth of the Great Marsh which is about halfway between the upper Landing at the Plantation where I. Fugate is now Overseer a place well known by the name of Moore's Sand Beach, thence in a Straight Line Northerly through the said March to a Small Island in the said March at or near the Mouth of Crawfords Creek over which I have made a Dam to Drain the said Creek, the Island I suppose contains two or three Acres of Land thence through the said Island dividing it into two equal parts Northerly in a Straight Line from the Island Crossing the Road Leading from Gunston to the Dogue Neck Plantation through Halt's Old Field to some Honey Locust Lombardy Poplars & Cherry trees which Stand near old Crawley's Grave Yard about one hundred Yards above the fording place over the Head of Halt's Creek thence a Streight Line Northerly through the woods so as to cross the near way path leading from Gunston to Lexington Exactly half way between Lexington & the road leading out of the Neck called the Log town Road thence the Line Continued until it Strikes Mr. Cockburn's Line in mentioning the Bearings of those dividing Lines I have guessed at the Courses Suppose generally they will be Northerly, my intention will be easily known by ANY person acquainted with the Situation of Dogue Neck This will divide the said Land Called Dogue Neck into two parts of nearly equal value one part having the seat and Mansion House Called Gunston and the other that Called Lexington my son George taking his first choice of those parts or Tracts when thus divided whichever of my sons geting the Gunston Hall Tract to have the right & privalege during his Life of geting Timber in any part of Dogue Neck for the proper use of the seat at Gunston & the plantations at New Town & Hallowing Point.

ITEM I give & bequeath to my son George Mason my Gold Watch which was given to me by my Father also a large Silver Bowl & a (large) Silver Salver both of them old pieces of Family Plate I also confirm unto him the gift of a Silver Beaker given to him by his grand Father Colo George Mason if either of my sons should die under age and leave no son by Marriage then & in that case the whole of the Dogue Neck Land to go and Decend to the other Brother but in case either of them die leaving a Daughter or Daughters in Marriage then the other Brother to which his part of the Dogue (Neck) Land as before mentioned on paying to the Daughter if only one ten thousand Dollars if more Daughters than one fifteen thousand Dollars to be divided among them equally the money to be paid in five equal annual payments to commence from the Death of either Brother the money to be put out at interest or laid out in property for the use of the said Daughter or Daughters untill they come of age or marry at the Discretion of their Fathers Executors or Freinds if no Executor's.

Item I give & Devise to my son William my small Gold watch which I brought with me from France & my chamber Clock: Item it is my will & desire & I hereby direct & order my three Quarters viz New Town or Pohick Quarter & Hallowing Point Quarter, & Occoquan Quarter to be kept up and (worked) as usual & the profits arrising from them to be LAID out in the Education & Maintenance of my Children untill my two sons respectively come of age or marry & take possession each of his part of my Estate as given or to be given by this will the remainder of the profits after paying for the Maintenance or Education of my Childrento be put out at interest or laid out in property at the Discretion of my Executors one half to be divided between my sons & the other half to be Divided among my Daughters as they respectively come of age or Marry, I request that very particular attention be paid to the Education of my Sons-

ITEM tis my will & Desire and I hereby order & direct that as soon as either of my sons comes of age or Marrys, the Negroes Stocks of Horses & of every other kind not already specifically given the plantation utensils &c on the plantations at New Town or Pohick, Hallowing Point & Occoquan also at the Dogue Neck Plantation & the Plantation at Lexington in case of their Mothers Death or Marriage to be equally Divided between my sons George & William and whereas I have given to my wife during her life or Widowhood several Negroes the Stocks &c on my Plantation called Dogue Neck Quarter the use of my household Furniture Plate &c it is my will & desire & I hereby direct & order that at her Death or Marriage all those Negroes Stocks household Furniture plate &c be taken into the Hands of my Executors & be added to the common Stock for the Benefit of my Children & the Negros to be equally Divided between my sons George & William as they come of age or Marry as before directed-

Item, tis my will & desire & I hereby direct & order that all Debts due to me either by Bond or Account be placed as a Fund for my three Daughters Fortunes & that the money be Collected as Speedily as may be by my Executors & put out at interest or laid out in property at the Direction of my Executors & divided among my Daughters as they respectively come of age or Marry, the rent of my Fishing Landings to be disposed of in the same manner & for the same use of my Daughters untill my sons each take possession of the Landings on the Lands given to them Item I give & bequeath

TO my Daughter Betsy & her Heirs forever the six following slaves their increase Priss & her Child Will, Nathan, Bess, Matilda & Lett Daughter of Ancilla a Saddle Horse Saddle & Bridle not to exceed the price of one hundred & fifty Dollars also a Feather Bed & Furniture compleat.

Item I give & bequeath to my Daughter Nancy & to her Heirs forever the six following Slaves & their increase Cloe & her child Kate, Alice, Jeremy, Henry & Dennis Children of Phillis, a Saddle Horse Saddle & Bridle not to exceed the price of one hundred & fifty Dollars, also a Feather Bed & Furniture compleat -) Item I give & bequeath to my Daughter Sally & her Heirs forever the six following Slaves Case & her Child Sail, Frank, Sam, son of Winey Hagar & Toney children of Milly a Saddle Horse Saddle & Bridle not to exceed the price of one hundred & fifty Dollars also a Feather Bed & Furniture compleate if either of my Daughters chose to take the money instead of the Horse Saddle & Bridle my request & desire is that it be paid to them in case either of my Daughters Betsey, Nancy or Sally die under age or unmarried then in that case every thing given by this will to the Daughter or Daughters that may die to go & descend to the surviveing Daughter or Daughters - and whereas I have a Mortgage in a Lott of Land in Orange County (which is recorded in the said County) from instead Josias P. Adams for a debt due from him my will and desire is that my Executors take the most speedy Method to recover the money due On said Mortgage & apply it to the Fund for my Daughters Fortunes in the same manner as before mentioned and whereas I have a claim against the Estate of the late Mr. Gerrard Hooe my Wifes Father under a Marriage promise which Claim he by his will put in the power of his Wife Mrs. Sarah Hooe to Settle but which has never yet been Settled I hereby require my Executors to urge Mrs. Hooe or her Heirs to a Speedy Settlement by such means as Council Learned in the law shall direct & the proceeds of this claim to be disposed of among my Children as my Wife may think best and Whereas Mrs. Hooe has given up to me to receive the rents of a Tract of Land containing ABOUT six hundred acres on flat Run in Culpepper County belonging to the Barnes Estate untill a Settlement of my claim before mentioned on Mr. Hooes Estate is made & has also given to me a Tract of two hundred & thirteen Acres on Crooked Run in the said County taken up & patented in the name of Mr. Gerard Hooe which two Tracts of Land rent for about sixty pounds my will & desire is that thirty five pounds which I have agreed to pay annually to Mrs. Mason (widow of my late Father) as rent or compensation for a claim she had on five hundred Acres of Land in Dogue Neck during her natural Life be paid out of those Rents & the Ballance to be divided as received between my sons George & William and whereas I have a Lott in the Town of       at the Hot Springs in Bath County a conveyance for which is to be made on my taking in a Bond of ten pounds which I gave for the said Lott my will & Desire is that the said Conveyance be made to my sons - George & William & their Heirs forever to whom I give the said Lott - Item tis my will & Desire & I hereby Order & Direct that all my Lands in the Kentucky Country be be equally Divided between my two sons George & William & all my other Lands not mentioned in this will be sold or Divided among my Daughters at the Direction of my Executors if sold the money arrising from the Sales to be added to the Fund for my Daughters Fortunes as before mentioned my Intentions is that the whole of the Funds for my Daughters Fortunes be converted into money & put out at interest or laid out in property as before mentioned & Divided equally among my Daughters Betsey, Nancy and Sally - as they respectively come of age or Marry, in Case of Death the Survivour or Survivors to inherit the whole as already mentioned; it it is my will and Desire that that a mourning Ring be purchased by my Executors given each of my worthy Friends & Brothers in Law Mr. Daniel McCarthy, Colo John Cooke & Mr. William Thornton - I appoint my Brothers William, Thomson, John & Thomas my Executors & Guardians to my Children I desire that the Court take no Security of them & require only an inventory of my Estate - I recommend my dear wife & helpless Children to the protection of my Executors -

I declare this to be my last Will & Testament written & Signed with my own Hand this seventh day of April one thousand seven hundred & ninety five.

George Mason LS

Witness

Rinaldo Johnson
Laurence Washington
Daniel McCarty
Thomson Mason
J. Mason

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I George Mason of Lexington do this fourth day of May the year above written make and publish this Codicil to my last will & Testament viz — I give to my wife to be paid to her by my Executors out of the Profits of my Estate the sum of forty pounds a year for four years & in case she should not (not) make Sufficient Crops of Corn or raise pork & Beef at her plantation for the use of the said plantation & the use of herself at Lexington then & in that case she is to be supplied with these articles at the Discretion of my Executors during her x (Item I give and devise for my wife during her life or widowhood) Life or Widowhood x the Negro Lad Jacob (who worked in the Garden) & I direct & order that Jerry & Lewis continue to work in the Garden for two years if my Wife Chooses them to do so- Item I direct that the garden at Lexington be paled in & the Expence paid out of the Money arriseing from the profit of my Estate - Item I direct that the House at Gunston be kept in Decent repair & the Garden enclosed & the Expence paid of the Money arriseing from the profits of my Estate June 28th 1795 I declare the following also as a Codicil TO my Will - I give to my Daughters Betsy, Nancy & Sally the five Lotts I have purchased in the City of Washington Viz. No. 8, 9, 10, II & 12 situate at the Corner of Square 106 on Streets I & 19th those Lotts to be improved or not at the Discretion of my Executors out of Funds alloted for my said Daughters-

George Mason

November 3rd 1796 I declare the following also as a Codicil to my Will- and Whereas since writing this will & two Codicils my Situation is altered by my Wifes being now pregnant if the Child should be born alive & arrives at the years of twenty one years or Marrys whichever may first happen I then give him or her "and Heirs forever" all my Lands in Kentucky hereby revoking that part of my will respecting my Kentucky Lands I also give to him or her Nell & her increase forever & the boy called Jeremy & at his or her Mothers Death Sarah & Phillis & their increase from this time & five hundred Dollars to be paid out of the profits of my Estate at the age of twenty one years or sooner if my Executors think proper - I hereby revoke that part of my will respecting my interest in the Potomack Company & give the whole of it to my son William & Desire that the parts of shares I have purchased of my Brothers & Brothers in Law may be conveyed to him -

Signed the words "and Heirs forever" being first interlined

George Mason

Thomson Mason
Daniel McCarty

At a Court held for Fairfax County the 19th December 1796 This last Will and Testament of George Mason deceased, was proved by the Oaths of Rynaldo Johnson and Daniel McCarty and the two Codicils HERETO annexed were also proved by the oaths of Daniel McCarty Witness thereto and ordered to be recorded. And on the motion of William Mason, Thompson Mason, John Mason and Thomas Mason the Executors therein named who made Oath and executed and acknowledged bond in the penalty of Ten thousand Pounds, Conditioned as the law Directs Certificate is granted them for obtaining a probate thereof in due form

Teste P. Wagoner Cl. Cur.

Know ALL Men by these presents that we William Mason, Thomson Mason, John Mason & Thomas Mason are held and firmly bound unto Roger West, Daniel McCarty, Elisha C. Dick & [Wm] [  ] Washington Gentlemen

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Justices of the County Court of Fairfax now sitting in the sum of Ten thousand pounds to the payment whereof well and Truly to be made to the said Justices and their Successors we bind ourselves and each of us, our and each of our heirs Exors & Admrs jointly and Severally firmly by these presents Sealed with out seals and dated the 19th day of December 1796- The Condition of the above Obligation is such that if the said William Thompson, John & Thomas Executors of the last Will and Testament of Geo. Mason deceased do make a true and perfect inventory of all and Singular the goods chatties and Credits of the said deceased which have or shall come to the hands possession or knowledge of the said William, Thomp son, John & Thomas or into the hands or possession of any other person or persons for     and the same so made exhibit into the County Court of Fairfax at such time as they shall be thereto required by the said Court And the same goods Chatties and Credits of the said deceased do well and truly administer according the 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, chatties and Credits will extend according to the TRUE value thereof and as the Law [    ] [    ] this obligation to be void, or else to use [in] full force

Sealed & Delivered In presence of
J. Mason
Thomas Mason LS
Wm. Mason LS
Thomson Mason LS

At a Court held for Fairfax County the 19th day of December 1796 This Bond was acknowledged by William Mason, Thomason Mason, John Mason and Thomas Mason to be their Act and [    ] ordered recorded— Teste P. Wagoner Clerk

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