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The Last Will & Testament of Jacob McKay III

See Jacob's family record.

          I, Jacob McKay, of the County of Warren, and State of Virginia, do hereby make and publish this my last will and testament in manner and form following to wit: After my death I desire and will that my just debts and funeral expenses be paid. Then I desire and will that my beloved wife, Elizabeth, shall have peaceable possession of all my estate both real and personal for and during her natural life, after her death I will, bequeath and charge as follows:

          First, to my Daughter, Nancy A. McKay, wife of Robert S. McKay, I do hereby charge her with fourteen hundred dollars. I also will to my said daughter, Nancy A., fifty acres of my home tract of land to be layed off to her on the east side of the road leading from Cedarville to Nineveh, running parallel with her husband's line to my back line for which I charge her twelve hundred and fifty dollars, making in all twenty six hundred and fifty dollars.

          To my son, Jesse H. McKay, I do hereby charge him with seventeen hundred and fifty dollars. I also will and bequeath to him fifty acres of my home tract of land lying east of the road leading from Cedarville to Nineveh, commencing at the said road, this running with a parallel line with Nancy A. McKay's in an easterly direction to my back line from which I charge him twelve hundred and fifty dollars; in all three thousand dollars.

          To my daughter, Sarah J. Buck, wife of Charles Buck, I do hereby charge her with seven hundred dollars. I also will and bequeath to my said daughter Sarah J. Buck, two hundred and twenty five acres of my West Run tract of land, that meets and bounds of which my son Joshua A. McKay has surveyed and made out, for which I charge her twenty one hundred and fifty dollars, making in all twenty eight hundred and fifty dollars, reserving to my two sons, Oscar and Thomas B. McKay, the right of a passage through my daughter Sarah J. Buck's tract to said Oscar and Thomas B.'s Pine Hill woodland (of which I shall name hereafter) where it may suit best and do least damage.

          To my daughter, Eliza Buck, wife of John G. Buck, I do hereby charge her with fourteen hundred dollars.

          To my son, William B. McKay, I do hereby charge him with fifteen hundred and fifty dollars, (what follows at this point is not clear but it appears that he is reducing the fifteen dollars charged to six hundred and fifty, because the son, Wm. B. has either gone or intends to go West, HBM (*ed. note Hunter Branson McKay))

          I desire, wish, and will that out of all my personal estate including my slaves, save one, that those of my children herein before named who have received least to be made equal to those who have received most and I wish and will it to be distinctly and expressly understood that in a distribution of my estate real and personal herein before willed and set forth to my said five children namely, Nancy McKay, Jesse H. McKay, Sarah Buck, Eliza Buck and William B. McKay, it be equal one with the other and no difference made, it being all my estate real and personal I desire and will them to have.

          To my son, Thomas B. McKay, I will and bequeath all of the residue of my home tract of land lying east of the road leading from Cedarville to Nineveh, including the woodland lying between William B. Garrison and Wesley McKay with access to the Cedarville Spring for house purposes and also from the bridge and Nineveh Road with a lane 15 feet wide running parallel with the Nineveh and Chapel roads near enough to the spring so as with a drain from the spring in a north east direction water may be embraced for stock and not to interrupt the spring house and access to the spring for my son Oscar McKay.

          I also will and bequeath to my said son, Thomas B. McKay, two other lots and parcels of land one lot of bottom land a part of my home tract lying immediately beyond crooked run commencing 10 feet north of the stone fence thence running in an westerly direction parallel with same and to the hill field fence thence with the fence in a southern direction to the chapel road thence with the road to the beginning containing in and about 3 acres the other lot of Pine Hill woodland the division fence now between myself and R.S. McKay, I desire shall be the division fence between Nancy A. and Jesse H. McKay in case it is necessary for a division fence between them and should any difference of opinion arise between my said children as to construction of an interest of this my last will and testament, such construction I desire and will shall be left to my son, Joshua McKay and Joseph McKay I desire above all that there be no law about my estate.

          I do hereby appoint my son, Joshua A. McKay, executor of my last will and testament inasmuch as I have heretofore given my said son, Joshua, one thousand dollars, I do hereby will and bequeath him my servant boy, Harris, for his services as my executor in case the boy should die, I will that he shall have three hundred dollars out of my estate for said services as aforesaid.

          In testimony whereof I have here unto subscribed my name and affixed my seal this 13th day of April 1848.

Jacob McKay (seal)

Signed and offered in presence of these witnesses:           Joseph McKay
Franklin Massie

Codicil to the last will and testament of Jacob McKay III

          I Jacob McKay, County of Warren, State of Virginia, do this 7th day of June 1852, make and publish this codicil to my last will and testament in manner and form following to wit.

          Whereas, in my last will and testament I have thus given and bequeathed to my son, William B. McKay, a certain portion of my estate, a part of which he did recieve before his death, the balance which would have been coming to him, I give and bequeath to my four children, namely, Jesse H. McKay, Thomas B. McKay, Sarah J. Buck, Eliza Buck, and to my daughter Nancy A. McKay to be equally divided into five parts and whereas I have as aforesaid willed to my daughter Nancy A. McKay, fifty acres of my home farm, I now will and bequeath the same to R.S. McKay for the benefit of her children after the death of my beloved wife Elizabeth. I give and bequeath to my son, Thomas B. McKay, my servant Ben, and also after the death of my wife I give and bequeath to my son Oscar McKay my servant Henry. I do hereby constitute and appoint my sons Joshua McKay and Jesse H. McKay my executors and they are to recieve one hundred dollars each for services as such and lastly it is my desire that this my present codicil be amended to and made part of my last will & testament. In testimony whereof I set my hand and seal this date before written.

          To my son, Oscar McKay, I will and bequeath all the residue of my home tract of land lying west of the road leading from Cedarville to Nineveh and north of Chapel Road including all the buildings. I also bequeath my son Oscar McKay one half of the pine hill woodland the northern portion of the Jesse McKay tract, said pine hill woodland bequeathed as aforesaid to Oscar and Thomas B. to be divided and laid off to them by my sons Joshua McKay and Joseph McKay. I will and desire that when my two sons Thomas B. and Oscar McKay become of age, they shall make and sign a deed of relinquishment of their interest in the mill and land sold to representatives without any consideration and in the event they do not make or cause to be made said relinquishment, my will is that said Oscar and Thomas B. shall not have nor inherit any part of my estate real or personal. Be it furthermore understood that the tract of land bequeathed as aforesaid to my daughter Sarah Buck I desire and will that she shall have it after my death and that her husband Charles Buck shall have a life estate in it without accounting for rents or profits thereof whatever and in the event that my son Thomas McKay should not have one hundred and fifty acres of lime stone land, I desire and will an equal deduction in my son Jesse H. McKay and R.S. McKay's part so as to make that quantity should it turn out to be more than 115 acres, I will and desire that it remain and stand as set forth in my last will and testament, in witness I hereto set my hand and seal.

Jacob McKay (seal)

Probation of the last will and testament of Jacob McKay III

In a court held for the County of Warren at the Court House thereof on Monday the 19th day of July 1852, the last will and testament of Jacob McKay, and codicil proved by the oaths of Joseph McKay and Jesse H. McKay, one of the executors named in the codicil who was sworn in and entered into bond with Joshua A. McKay and Robert McKay, his securities in the penalty of twenty thousand dollars conditioned as the law directs. Certificate is granted him for obtaining probate of said will and codicil in due form of law and liberty is reserved to the other executors Joshua McKay to qualify at a future day.

(Signed) Robert Turner

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