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The Last Will & Testament of Robert Mackay Sr.

See Robert's family record.

          In the name of God Amen I Robert Mackay Senior of the Parish of Augusta in the County of Augusta in the Colony of Virginia being in perfect health and of sound memory calling to mind the uncertainty of life and that it is appointed for all men to die do make & ordain this & no other my last will and testament in manner and form following, Vis. first and principally I give and recommend my soul unto God that gave it and as to my body I desire it may be buried in a decent manner at ye discretion of my executors and as leaving? such worldy estate where with it hath pleased God to bless me with I dispose thereof in manner following. I desire that all my Debts and funeral charges be first paid and satisfied.

          ITEM I give and devise unto my Daughter Margaret wife of Joshua Job and to the heirs of her body and in case she dies without heirs or such heirs die without issue then to my sons Robert, James, Zachary, and Moses equally or their heirs, one part or half of ye Land her husband lives on in Augusta County commonly known by the name of Joshua's Bottom being part of a grant or order of council for 100,000 acres granted to me and Jost Hite first and afterwards and renewed by me, Jost Hite, Robert Green, and William Duff.

          ITEM I give and devise to my daughter Hannah wife of George Hollingsworth the other part or half of this land whereas Joshua Job now lives And to the heirs of her Body and in case she dies without heirs or such heirs die without issue then I give the same to my sons equally and their heirs.

          ITEM I give and devise to my Daughter Leah wife of William Taylor the Land her husband lives upon known by his name and part of the above mentioned Grant granted as aforesaid and to the heirs of her Body And if she Dies without heirs or such heirs Die without Issue then I give the same to my sons equally and their heirs.

          ITEM I give and devise to my Daughter Mary wife of George Robinson of the province of Pennsylvania the Land I formerly allotted for and gave her by Word of Mouth commonly known by the name of Georges Bottom in whose possession other said Land has for some time past been and part of the aforementioned Grant of 100,000 acres granted as before mentioned and to the heirs of her body and in case she dies without heirs or such heirs die without issue therefore I give and bequeath the same to all my sons equally and their heirs.

          ITEM I give and bequeath to my Daughter Elizabeth one part or half of all the moveable or personal Estate that I shall be disposed of at the time of my Decease--

          ITEM I give and devise to my son Robert his place or plantation commonly known by the name of his bottom in whose possession it has been some time being part of that Grant and in a survey of 7000 acres and to the heirs of his body but in case He dies without heirs or such heirs die without issue Then I give the same to my three sons James, Zachary, & Moses equally and their heirs.

          ITEM I give to my son James his Place or Plantation part of this Grant being a survey of 110 acres or thereabouts called the old place And to the heirs of his body but in case He dies without heirs or such heirs die without Issue then I give the same my said sons equally and their heirs--

          ITEM I give to my son Zachary his Place or Plantation part of the Afsd' Grant within the survey of 7000 Acres known by the name of Nathaniel Calbreath's Bottom and to the heirs of his Body But in case he dies without heirs or such heirs die without issue Then I give the same to My sons Equally and their heirs.

          ITEM I give and devise to my son Moses his place or plantation without the aforesaid survey of 7000 acres and part of the aforesaid grant known by the name of the Hay Bottom and to the heirs of his body but in case he dies without heirs or such heirs die without issue then I give the same to my sons Equally and their heirs.

          ITEM all the rest of my real Estate whether the same by patent or Grant I give and devise equally between my four sons and their Heirs.

          ITEM I give and bequeath unto all my children equally to be divided one part or half of my removable Estate being the Remainder undisposed of AND LASTLY I do hereby Nominate and Appoint my sons Robert, Zachary, James, and Moses Executors of this my last will hereby annulling and making void all former and other wills by me heretofore made

          IN WITNESS Whereof I have hereunto set my hand and affixed my seal this seventh day of October one Thousand seven hundered and forty six.

Robert Mackay (SS)

SIGNED SEALED and Published by the
Testator as his Last will and Testament
in the presence of us
Gabriel Jones  David Vance  Abraham Hite

Codicil to the Last Will and Testament of Robert Mackay Sr.

          Be it known unto all men by these presents that whereas I Robert McCoy of Augusta County have made and Declared my Last Will and Testament in writing bearing Date the seventh Day of October 1746. I the said Robert McCoy do by this present Codicil confirm and rectify my said Last will and Testament and whereas I have given to my son Moses my Plantation I live on Commonly called the Hay Bottom and made no provision for my wife. My will and desire is that my wife live on that Plantation during her Natural Life and that each of my four sons pay unto my said Wife Three Pounds Currency a piece for and toward the keeping and maintanence of her and that my son Moses find and provide firewood for her during her life if he refuses the same to pay unto her or her assigns forty shillings in lieu thereof and my will and meaning is that this Codicil shall be adjudged part and parcel of my said Last will and Testament and that all things herein mentioned be faithfully and truly performed in every respect as if the same were set Down in my Last Will and Testament. IN WITNESS whereof the said Robert McCoy have hereunto set his hand and seal this

Robert Mackay (SS)

seventh day of October 1746.
Signed Sealed and declared by the
Testator in the presence of us to
be a codicil to the above will.
Gabriel Jones  David Vance  Abraham Hite

Probation of the Last Will and Testament of Robert Mackay Sr.

          At a court held for Augusta County by the 19 day of August 1752 This Last Will and Testament of Robert McCoy dec'd with a codicil whereto being presented into Court was proved by the Oaths of Gabriel Jones Gent. and David Vance two of the Witnesses thereto subscribed and Ordered to be recorded, And on the Motion of Moses, Robert, & James McCoy three of the Executors therein named, the Other Executor Zachariah McCoy having from under his hand Seal Certified to this Court that he would not take on him the Burden of the Execution of the said will, the said James having made Oath and the said Moses and Robert being of the sect commonly called Quakers having solemnly affirmed according to Law Certificate was granted them for Obtaining a probate thereof in due form security on which they the said Moses, Rob't, & James McCoy with Chas. Buck & David Vance their securities entered into & Acknowledges their Bond according to law.

Test:          
A Copy
John Madison, C.C.
John Madison

          Know all men by these presents that we Robert, James, & Moses McCoy, David Vance & Charles Buck are held & firmly bound unto James Patton Gent. the first Justice in Commission of the Peace for Augusta County for and in behalf and to the sole use & behalf of the Justice of the County And their successors in the sum of Five Hundred pounds to be paid to this James Pattion his Executors administrators or assigns to the which? payment will truly to be made we now bind ourselves and every one of our heirs Executors and administrators formally and severally firmly by these presents sealed with our seals Dated this 19 Day of August Anno Dom. 1752.

          THE CONDITION of this Obligation is such that if the above bound Robert, James, & Moses McCoy Executors of the Last Will and Testament of Robert McCoy Deceased do make or cause to be made a true and perfect inventory of all of ___ ?. the goods , chattels of the Deceased's which have or shall come to the hands possession or knowlege of these Robert, James, & Moses McCoy or into the hand or possession of any other person or persons for them and the same so made do .....? into the County Court of Augusta at such time as they shall be there unto required by this Court and the same goods chattels and credits and all other goods chattels and credits of the deceased's which at any time after shall come to the hands possession or knowlege of the said Robert, James, & Moses McCoy or into the hands or possession of any other person or persons for them do willingly and truly Administer according to Law and further do make a just and true account of their acting and doing therein when thereto required by this Court and also shall well and truly pay and Deliver all the Legacees Contained expressly? in this Testament as far as these goods chattels and credits will thereunto extend and the Law shall charge them that this Obligation to be Void and of none effect or else to remain in full force and virtue

Sealed and Delivered
In the Presence of:
 
Robert McCoy (seal)
James McCoy (seal)
Moses McCoy (seal)
David Vance (seal)
Charles Buck(seal)

At a court held for Augusta County the 19th day of August 1752 Robert McCoy, James McCoy, Moses McCoy, David Vance, & Charles Buck in open Court Acknowledge this their bond . for this Robert, James, & Moses true and faithful Administrators of the Estate of Rob't McCoy dec'd which Bond is ordered to be recorded
Josh? Jeob? some sort of signature or similar..its same at the end of prior will follwing order to record.

Inventory of the Estate of Robert Mackay Sr.

(The amounts listed are Pounds, Shillings & Pence)

ONE cow & calf .......... 2"0"0
one cow & calf .......... 1"0"0
one cow .......... 1"5"0
one mare 2 colts .......... 6"0"0
one mare .......... 1"5"0
one mare .......... 3"10"0
one mare .......... 4"10"0
one old saddell .......... 0"8"0
one cleves? .......... 0"1"8
..........? .......... 0"7"2
one sheep ........... 0"6"0
.....? for bulls ........... 0"11"0
all that was given unto us .....? 22"10"5?

Alexander Crawford
Andrew Fowler?
James Taylor

(Ed. note: Many parts of this typed copy may have been copied incorrectly or overlooked. I also couldn't make out some words. If you can translate this any better please let me know. Further proofreading needs to be done so some changes may be made in the near future.

(Additional note: Robert Mackay Sr. always signed his name as 'Mackay' with the 'c' over the 'a').

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