Westmoreland County, VA - Will of John Washington, Wm. and Mary Qrtly., Vol. 13, No. 3
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Will of John Washington
William and Mary College Quarterly Historical Magazine, Vol. 13, No. 3
(Jan., 1905), pp. 145-148.
Page 145
WILLIAM AND MARY COLLEGE
QUARTERLY HISTORICAL MAGAZINE
VOL. XIII. JANUARY, 1905 NO. 3
WILL OF JOHN WASHINGTON.
COMMUNICATED.
We give a copy of the will of John Washington, the brother of Lawrence and
son of the emigrant John, recently copied from the State Department,
Washington, D. C. Naturally, frequent mention has been made of the will of
Lawrence, being General Washington's direct line, but very little mention has
been made of wills of the line of John, his brother. This will of John is most
interesting, and forms, with the wills of Henry and the Bailys, the perfect link
of wills back to the emigrant, John, of this branch of the family, whose several
members have achieved great distinction in our country's history.* All claimed
Virginia as their native State. Col. William Washington, while closely identified
with South Carolina, his adopted State, where many of his great battles were
fought, was born in Stafford county, Va. Early in life he entered our country's
service and became renowned as "the great cavalry leader of the Revolution."
He it was who personally engaged the proud Tarleton, and whose triumphant
little flag was known as "Tarleton's Terror." A portrait of Colonel Washington
has recently been presented to the Mount Vernon Association by three of his
great nieces and three great-grandnieces, and hangs in the banquet hall of
that historic home; beneath the protrait a copy of his famous flag. He father was
Baily, who married Catharine Storke, pronounced Stark; his grandfather was
Henry; his great-grandfather John. Col. John M. Washington, his nephew, also
of this line, made a most brilliant record for his country's history in our war with
Mexico. His premature death, on board the ill-fated San Francisco, was most
deeply mourned
_________________________________________________________
*See Hayden, Virginia Genealogies, 517-522 for will of Henry Washington,
and Washington pedigree.
Page 146.
throughout our country. Virginia had no brighter stars in all her history than these
two distinguished Washingtons, and while no monument has been erected to
their memory, their deeds of valor in our country's service will forever live in the
hearts of their countryment who read from history of their modest worth. Dr.
Baily Washington was a brother of Col. John M. Washington, and was given a
medal by Congress for meritorious conduct during the engagement between
the Enterprise and Boxer in the war of 1812. He was at the time of his death
the oldest surgeon in our navy.
Thus have three Washingtons of this line served with distinction in three
wars of our country's history.
WILL OF JOHN WASHINGTON.
In the Name of God Amen, this 22d day of January, in the year of our Lord
1697-8 & in the ninth year of the reign of our sovereign Lord King William, I,
John Washington, of Washington psh, in the County of Westmld., and being
sick and weak of body, but of perfect mind and memory, thanks be given to
God therefor, calling into mind the mortality of my body, and knowing it is
appoynted for all (mutilated) ce to dye, doe make & ordain (mutilated) my
last will and testament in manner and form following, that is (mutilated) First
and principally, I give my soul unto ye hands of God who gave it me, & for my
body I commend it to the earth to be buried in a Christian and decent manner
in ye burying place on ye plan (mutilated) where I now live, by my father,
mother and brothers, never doubting but at the general resurrection I shall
receive ye same again by the mighty power of God, and as touching su
(mutilated) it hath pleased God to bless me with (mutilated) this life, I give,
devise, bequeath and dispose ye same in man (mutilated) form following.
First, I give and bequeath unto my well beloved (mutilated) Ann Washington
the plantacon I now dwell on at Appomattox during her natural life. Item, I give
and bequeath to my eldest son Law. Washington that tract of land which I
bought of Mr. Francis Dade, commonly called Barnets Quater, it lyes on upper
Machotickes, in Stafford County, I give it to my sd. son and his heirs forever.
Item, I give to my son, John Washington, that tract of land which I now live on
after the decease of my sd. wife to him and his heirs forever, but if it please
God that my sd. son John should die before my said wife, then I give the said
tract to my son Lawrence Washington, to him and his heirs forever, and if both
my sons John and Lawr should die before my sd, wife, or without issue of
their bodies lawfully begotten, then I give it to my son Nathaniel, to him and his
heirs forever, and if my three sons Lawr, John and Nathl. should die before my
said wife, or without issue lawfully begotten of their bodies, then I give the sd.
tract to my son Henry Washington, to him and his (heirs) forever, and if it
Page 147.
please God that all my four sons should die before my sd. wife, or without issue
of their bodies lawfully begotten, the I give to the next heir at law, to him and his
heirs forever. Item, I give to my son John Washington that tract of land lying on
Pope's Creek wch Joh Llewelling now lives on, to him and his heirs forever.
Item, I give to my son, Nathl. Washington, that tract of land which lies at ye head
of Appomattox Creek, which Anthony Rawlins, Joseph Smith and John Betts
now lives on, to him and his heirs forever. Item, I give to my son, Henry
Washington, that tract of land which was between me and Robert Richards,
John Whitcraft lives now on part of it, which is in Stafford County, on the dam
site, where the head of Machotic makes, I give it to my sd. son and his heirs
forever. Item, It is my will that if my son Law. should die without issue of his body
lawfully begotten, or before he arrives to the age of twenty-one years, that then
my son John Washington have the tract of land which I bought of Mr. Francis
Dade, called Barnetts Quater, to him and his heirs forever. Item, It is my will
that if my son John Washington should die before he come to the age of
twenty-one years, or without issue of his body lawfully begotten, that then I give
to my son Law. the tract of land that I now live on after my wife's decease, to
him, to his heirs forever, and I give that tract of land on Pope's Creek that John
Llewelling lives on to my son Nathaniel Washington, to him and his heirs
forever. Item, It is my will that if my son Nathl. Washington should die without
issue of his body lawfully begotten, or before he arrives to the age of twenty-one
years, that then I give to my son Jno. Washington that tract of land at the head
of Appomattox Creek which Anthony Rawlins and Jos: Smith and John Betts
lives on, to him and his heirs forever. Item, It is my will that if any three of my
aforesaid sons should die without issue of their bodies lawfully begotten, or
before they arrive to the age of twenty-one years, that then all the aforementioned
land I give to that son who is living, and if it please God that they should all die
without issue of their bodies lawfully begotten, or before they arrive to the age
of twenty-one years, or if I have no more issue, that then I give to my wife those
two tracts of land that lyes in Stafford County, to her and her heirs forever, the
three other tracts to be divided between what children it may please God to
send my brother; if he have but one I give it to him or her; if more, the eldest
son to have his choice of the tracts, the next eldest his next choice if two sons,
if it be a daughter that she have her choice after her brother, them and their
heirs forever. Item, It is my will that all my psonl estate in generall be equally
divided into five parts, and that my wife have her first choice, and my son
Lawrence the next, my son John the next, my son Nathl. the next, and my son
Henry the other. Item, It is my will that if (it) please God any of my sons should
die without issue of their bodies lawfully begotten, or before they arrive to the age
of twenty-one years, that then his part of the psonall estate be divided between
my wife and the other three sons living, and if it please God that three of my sons
should die without issue of their bodies lawfully begotten before they arrive at
the age of twenty-one years, that then the
Page 148.
psonall estate be equally divided between my wife and that son that is living,
and if (it) please God that if all my sd. sons should die without issue of their
bodies lawfully begotten before they arrive at the age of twenty-one years, that
then my psonall estate be divided equally between my wife Ann Washington
and my brother's children. Item, it is my will that my brother (some words appear
to be left out) and tuition of my son Lawr Washington, and that my sd. brother
have the keeping of my sd. son's estate, &c., of this my last (will) and testamt,
and I make and ordain my well beloved brother, Capt. Lawrence Washington,
and my beloved wife, Ann Washington, my full and whole excr and executrix,
and I do hereby utterly disallow, revoke and annul all and every other former
testamt, wills, legacies, bequests, and Exs. by me in anywise before this time
named, willed and bequested, ratifying and confirming this and none other to
be my last will testamt.
Item it is also my will that Mrs. Elizabeth Hardid (mutilated) have my watch
that was given to me by Captain Wm. Hardidg's will. Item, it is my will that my
beloved God son John Dudlstone have a gold signet which was given me by
his father on his death bed. Item, it is my will that my beloved brother, Captain
Lawe Washington have my wearing rings.
It witness whereof I have hereunto set my hand and seal this day and
year as aforesaid. JOHN WASHINGTON. (Seal.)
Signed, sealed, published,
pronounced and declared
by the sd. John Washington
as his last will and testament
in the presence of
John Scott, A. Webster, Thos. Howes, Peter Hyatt.
At a Court for Westmd County the 23rd day of ffebry, 1697
The above will was duly proved and probat thereof granted the Execrs.
therein named and ordered to be recorded.
Recordat: 5 May, 1697
pr. J. A. Westcomb Cle Com.
Pr Cur Recordat 5 May, 1697.