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The Last Will & Testament of John W. McKay

See John's family record.

          I, J.W. McKay of the County of Warren and the State of Virginia do make and publish this my last will and testament in manner and form following:

          First it is my will that my just debts and funeral expenses be paid. As I am guardian for my daughter Sarah F. McKay, I do hereby make provision for her guardian claim namely colored man named Edward $500, her interest in the Garrison tract of land sold by me for $450 and money received of J.N. Carson as coming from her Grandmother Rebecca Garrison of Missouri, net proceeds $550 making in all $1530. This claim of fifteen hundred and thirty dollars is to be made in the following manner: It is my will that about forty acres of my home tract east of Joseph Painter's tract be sold and my interest in the Nancy Silvers dower land be sold and the net proceeds of each be applied to my daughter Sarah F. McKay's claim--if that is not sufficient my desire and will is that my river place be rented out until she is paid the interest of Sarah F. McKay's claim I balance against her bond and interest. As to my present wife Mary's claim which is $2700, my desire and will is that her heirs by me shall have as much of my river place as shall make the said amount laid off to them, the balance of the real estate my will is that it shall be equally divided between all my children. As to my other just debts and funeral expenses, it is my will that all my personal property and my colored people be sold and the proceeds be applied to the payment of them. If that is not sufficient, my desire and will is that all my real estate be rented out until they are paid. I do hereby constitute and appoint my brother Joseph McKay or Joshua A. McKay and Jesse H. McKay my executors of this my last will and testament.

J.W. McKay

Signed in the presence of
the following witnesses:
Abraham R. Boone
Joseph Painter

Codicil #1 to John W. McKay's last will & testament

          Whereas I, J.W. McKay of the County of Warren, State of Virginia some few years since I made my will and Joseph Painter and A.R. Boone are witnesses to the same in that will I devised and willed some twelve or fifteen hundred dollars to my daughter Sarah Frances before my estate should be divided between the rest of my children on account of that amount coming by her mother my first wife Frances, in addition I also desire and will to the rest of my children two thousand dollars worth of my estate which amount came by their mother Mary and after each of the above named amounts are received by each set of children by my two wives either in money or land and then the balance of my estate I will and desire to be equally divided between them all the two sets of children. The above I wish to be inserted in the will I made as above stated and carried into effect as witness my hand and seal this 12th day of December 1848.

J.W. McKay (Seal)

Codicil #2 to John W. McKay's last will and testament

          Whereas I, J.W. McKay have made the above provision for my children and whereas I have married my third wife late Mary Ann Massie, I make this provision for her in this codicil and my former will as above referred to this provision is that my present wife Mary Ann had when I married her and has received since from her mother's estate a colored boy named George--the slaves in all amounting to five namely, Sarah, Ellen, Isaac, Elias and George-- this property I will and desire that my wife shall have back again at my death instead of a dower interest in my estate to dispose of as she may see proper for her own use and benefit. Also for her to have a house and garden, firewood and pasture for two cows and one horse on one of my farms during her life or as long as she remains my widow. The said Mary Ann, my wife, is to receive this property provided she does not claim the third of my estate. Also the above property and my estate is to be valued and for her to receive one-third during her lifetime or for my heirs to pay her interest on the said one-third valuation during her lifetime. All of my just debts must be paid first before any division as witness my hand and seal this 14th day of January 1855.

J.W. McKay (Seal)

Probation of John W. McKay's last will and testament

          At a Court held for the County of Warren on Monday the 15th of June 1857 this last will and testament of John W. Mckay, dec'd and two codicils was produced in Court and the said will proved by the oaths of Joseph Painter and Abraham Boone, witnesses thereto that the will was wholly in the writing of John W. McKay and therefore the said will and codicils are ordered to be recorded and on the motion of Joshua A. McKay one of the executors named in said will who was sworn and entered into bond with Joseph McKay, Robert S. McKay and Jesse H. McKay, security in the sum of $30,000 conditioned according to law, certificate is granted him for obtaining probate of said will in due form of law, Jesse H. McKay and Joseph McKay the other executors named in said will being in Court and refusing to qualify as such.

Robert Turner CWC

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