See Andrew's family record.

          This is the last will and testament of one Andrew McKay of Crooked Run Frederick County & State of Virginia.

          In primis I give and bequeath unto my wife Jane McKay for and during the time of her natural life the sole use of dwelling house in which I now live together with the yards, gardens, stables, smokehouse and other out houses adjacent thereto. Also half of the orchard and the whole of the field in which it stands which said field shall be used by her for pasture only. Also eight acres of meadow farm of which I hereby direct shall be taken off the tract herein after devised to my son Moses McKay and four acres of that herein after devised to my son Jacob McKay such part to be most contiguous to the said dwelling house at the choice of my said wife. Which said partitions shall be fenced off the respective lots at the proper costs and charges of my said sons Moses & Jacob within a reasonable time after my decease. At the discretion of my said wife also all such firewood off the said lands devised to them as she shall need, they delivering the same in equal proportion at their costs and charges at the said dwelling house. I also give and bequeath unto my said wife all my household furniture of every kind and sort and also all the provision in my house at the time of my decease to her own use and benefit also my horse known by the name of Jack. Provided always and it is my will that these bequests with the rent charges herein after directed to be paid shall be .......by her in full satisfaction of all kinds & classes which she may or claim at Common Law out of all my real and personal estates.

Andrew McKay

          I give and devise unto my son Moses McKay all those six hundred and twenty one and a half acres of land more or less separate lying and being upon Crooked Run and it's drains in Frederick County aforesaid (ed. note: this is now part of Warren County). Which said lands are more particularly described in a plate and survey thereof with other lands made by B. Ashby July 20, 1797; which said plate and courses thereof are annexed to this my will and designated therein by No. 2 Middle Division 625 1/2 acres with all houses and buildings thereon erected. To hold the same unto the said Moses McKay his heirs and assigns for ever charged and chargeable nevertheless with the annuity rent charge or yearly sum of Fifteen Pounds Virginia currency wich I do hereby give & bequeath to my wife Jane McKay for and during the time of her natural life payable in four equal quarterly payments of three pounds fifteen shillings each. The first payment thereof to begin and be made three months after my decease with full power to my said wife upon nonpayment thereof fourteen days after the same shall become due to enter upon the said premises & such .....to make thereon as shall be fully adequate to the discharge thereof with all costs thereon & also with the life estate of my said wife in the four acres of meadow part of the said tract herein before bequeathed to her. I also further charge the said lands & premises and my said son Moses McKay his heirs and assigns in respect hereof with payment of the sum of one hundred & fifty pounds which I hereby give and bequeath unto my daughter Margaret wife of Oliver Funsten five years after my decease Provided

Andrew McKay

          always nevertheless that if within that time a certain tract of land on Crooked Run in the said County of Frederick purchased of Robert and Thomas Branson should be recovered by John Branson son of Thomas Branson or by any person or persons claiming by from or under him that these the said legacy shall be considered as lapsed and the lands and premises upon which it is charged and my said son Moses in respect thereof discharged therefrom...

          Item. I give and devise to my son Jacob McKay all those three hundred and fifty nine acres of land situate, lying and being upon Crooked Run and it's drains adjoining the above mentioned devised to my son Moses which said Lands are more particularly described in the above mentioned place and survey and designated therein by "No 1 upper division 359 acres" with the merchant mill, saw mill and all other buildings thereon erected to hold the same unto the said Jacob McKay his heirs and assigns forever. Subject to the life estate of my wife Jane McKay in such parts thereof as are hereinafter specifically bequeathed her with the annuity, yearly rent charge or sum of Fifteen Pounds Virginia Currency which I hereby give and bequeath to my said wife for the term of her natural life payable in four equal quarterly payments of three pounds fifteen shillings each, the first payment thereof to begin and be made three months after my decease with the power for recovery thereof as in herein before given her in respect to the rent premises hers before devised to my son Moses McKay.

Andrew McKay

          Item. I give and devise unto my son Enos Mckay a tract of land on Shenandoah River in the said County of Frederick containing two hundred and forty acres more or less, part and parcel of a larger tract purchased jointly with my brother Jacob McKay. To hold the same unto my said son Enos McKay his heirs and assigns forever. Charged and chargeable nevertheless with the annuity yearly rent charge or sum of Fifteen Pounds Virginia Currency, which I hereby give and bequeath unto my wife Jane McKay for and during the term of natural life, in four equal quarterly payments of three pounds fifteen shillings each. The first thereof to begin and be made three months after my decease with like power for the recovery thereof as is herein before given her in respect of the rent charges issuing out of the premises devised to my sons Moses McKay and Jacob McKay.

          Item. I give and devise unto my daughter Patience the wife of Robert Whitacre all those one hundred and ninety nine acres of land more or less on drains of Crooked Run which said lands are more particularly described in the said plat and survey and designated therein by "No 3 Lower Division 199 acres" to hold the same unto my said daughter Patience Whitacre her heirs and assigns forever.

Andrew McKay

          Item. I give and bequeath upon my daughter Margaret the wife of Oliver Funsten the sum of 300 pounds Virginia Currency to be paid her by my executors hereinafter named eighteen months after my decease.

          Item. I give and bequeath unto Jonathan Lupton the elder, John McPherson, William Grub the elder and Jonathan Wright and the survivors or survivor of them the sum of Fifteen Pounds Virginia Currencyto be paid them by my executors herein after named twelve months after my decease upon special trust to apply the same for and toward aiding the emancipation of persons unlawfully held in bondage and also towards the emancipation of poor children in such manner as they or any of them think proper and their receipt or receipts of any one of them shall be a sufficient discharge to my Executors......

          Item. I give and bequeath to my friend Goldsmith Chandlee for the trouble he will have in executing this my will the sum of Fifteen Pounds Virginia Currency to be retained by him out of the first moneys that may come to his hands under this my Will. Lastly all the rest residue and remainder of my real and personal estate, I hereby give devise and bequeath unto my said friend Goldsmith Chandlee, my son in law Robert Whitacre and my two sons Moses and Jacob McKay upon special trust and confidence that they the said Goldsmith Chandlee, Robert Whitacre and Jacob McKay and Moses McKay do and shall within twelve months after my decease make publick sale thereof for the best price and prices that can be had and after payment of my just debts, and the above mentioned pecuniary legacies divide the same among my children Moses McKay, Jacob McKay, Enos McKay, Patience wife of the said Robert Whitacre and Margaret the wife of Oliver Funsten, equally share and share alike and do hereby nominate constitute and appoint the said Goldsmith Chandlee, Robert Whitacre, and my two sons Jacob McKay and Moses McKay joint executors of this my last will and testament hereby revoking and making null and void all former and other wills by me at any time heretofore made IN WITNESS whereof I have to this my last will and testament contained on six sides of three sheets of paper to the first five sides set my hand and to this last my hand and seal this Thirteenth day of the ninth month one thousand eight hundred and three--

Signed sealed published and declared by the Testator as his last will and testament in presence of us who at this request have hereunto set our names as witnesses. The interlineation of the words one hundred and fifty pounds in the 2 side and third line from the bottom being first made.

Andrew McKay

William Lupton
John Cooper
Solomon Lupton
Thomas Grubs
John ......?

          The will was proved December 3, 1804. Goldsmith Chandlee and Robert Whitacre would not take upon themselves the burden of execution, but Moses and Jacob McKay qualified.