See Robert's family record.

          I Robert S. McKay considering the uncertainty of life, and the duty of being prepared for death, do make and ordain this my last will and testament, hereby revoking all former wills by me at anytime made.

          1st I direct that all my just debts, including my funeral expenses be paid by my executors and if the proceeds of the sale of all my personal property, not specially bequeathed and also of the Bush Hill farm which is situated in the county of Frederick near Newtown (ed. note: now known as Stephens City) and contains by old survey one hundred & seventy two acres, and there is also connected with of seventy eight acres of woodland, which is adjacent to Klines land, and which is considered as part of the Bush Hill farm, and as a further description of the said tract of land it may be said that it formerly belonged by virtue of a devise of her husband to my present wife Jane R. and to her children, wherever the youngest one becomes twenty one years of age, but was sold under a decree of court and bought by me be not sufficient for that purpose my executors are authorized to certain the cents and profits of the remainder of my estate and apply them to the debts until all of them are paid.

          2nd I give and bequeath to my wife Jane R. all the slaves she possessed when we were married and all those inherited since that time from her Father's estate, both of which have been transferred to her by any deed. I also give and bequeath to her a home at our present residence during her life, to be shared with whoever may live there, and moreover an annuity of one hundred dollars per annum as long as she lives which must be paid out of my estate and furthermore all the household and kitchen furniture of every description which was brought to our residence by her when we were married and which belonged to her and I do hereby declare my intention to be that this and such request provision herein made for my wife shall be in lieu of her dower and distribution share of my estate. But if she refuse to accept to this arrangement then I desire that some satisfactory agreement be entered into between her and my executors taking into consideration the benefit to the estate and her comfort and hoping that her requirements may be as reasonable as possible.

          3rd I gave and transferred to my son Wm. F. all the real estate which he and his deceased brothers Henry Clay & Robert P. inherited from his grandfather and when he again transferred it to me I made it a condition to the subsequent transfer of that estate to my son in law Benj. F. Hicks that he should pay to my son Wm. F. two thousand dollars which was accordingly done. I also paid to W.D. Bartlett one hundred and eighty. My will therefore is that he shall have no more of my estate.

          4th I give and devise to all my children by second wife Nancy A. Viz: Ann Elizabeth, James E., Jesse C., Kathleen, Jacob F. and Robert all the balance of my estate to be divided equally between them except so far as any of them may be hereafter charged with advancements which must be accounted for in the division of my estate. The land devised to the above named children will consist of the tract on which I reside commonly called the Orchard Farm, the Cedarville Farm, the Watson Farm and a portion of Western Land.

          5th I direct that Kathleen, Jacob and Robert shall not enjoy any part of my estate until and unless they convey their right away in the tract of land which I conveyed to W.M. Wheelwright and which is situated in the county of Warren near Nineveh and adjoining the lands of J.A. McKay & Cohn E.B. Jacobs and also borders on the Front Royal Turnpike. My children Ann Elizabeth, James E. and Jesse C. being of age, have already conveyed away their interest in the above described tract of land.

          6th I desire that the tract of land which I have transferred to my daughter Ann Elizabeth, be valued at twenty five hundred dollars, which sum and fifty dollars per annum from the period of the transfer to her to the time of my death one to be considered an advancement and she is to be charged with the same in the settlement and division of my estate. My son James E. is also charged with five hundred dollars which is to be accounted for at the same time and in the same manner. Also my son Jesse C. is charged with one thousand dollars, which must be accounted for in like time and manner as in the two preceding instances.

          7th I appoint my sons James E. and Jesse C. executors of this my will and desire that they will not be required to give the usual bond or security, and also that they charge no more for their services in settling up the estate than will be sufficient to defray their necessary expenses which immediately engaged in doing so. In testimony whereof I have to this my will consisting of one sheet of paper, it my hand the 2nd day of October A.D. 1860.

R.S. McKay

signed, published and declared to be the testator R.S. McKay as and for his last will & testament the presence of us who in his presence & in the presence & each other at his request have hereunto subscribed our names as witnesses.

W.W. Eastham
Thomas B. McKay

probated in Warren on monday 20th October 1862, clerk of court Thomas M. Ashby