1767 Orange Co VA

Written: 29 January 1767, Orange County, Colony of Virginia

Proved: 25 January 1770

Recorded in Orange Co., Va, Will Book 2, pages 409, 410, 411

In the name of God Amen. I, THOMAS WALKER of the County of Orange and Colony of Virginia, being in good health and of sound and disposing mind and memory for which I bless God, do make and ordain this my Last Will and Testament in manner and form following - that is to say I will that all such debts as I shall justly owe at the time of my death and my Funeral expences and charges be in the first place paid by my Executors herein after named and as for my Estate both real and personal, I dispose thereof as follow

Imprimis, I lend unto my WIFE, ELIZABETH the tract of land where on I now live containing about two hundred and ninety acres during her natural life and after her death, I give and divise the said tract of land to my GRANDSON THOMAS WALKER, the son of JAMES WALKER and JOYCE his wife to him and his heirs forever. (note this is NOT the James of Texas - eruth).

I also lend unto my said wife during her natural life, three negros, to wit: JACK, JOE & LUCY and after her death, I give and bequeath the said three negroes as follow, to wit, I give the said negro JACK to JAMES WALKER, MY GRANDSON, the SON OF THOMAS WALKER, my son (note: this is the James later in Texas - eruth); And I give the said negro JOE to my GRANDSON THOMAS WALKER, the son of JAMES WALKER and I give the said negro LUCY and her future increase to MY SON CHARLES WALKER.

I give and bequeath to my GRANDSON JAMES WALKER, the son of THOMAS WALKER, to negro children named BARBARY & DINAH.

I also give and bequeath to my GRANDSON THOMAS WALKER, the son of THOMAS WALKER, one MULATO boy salve named LEWIS.

I give and bequeath to my GRANDSON THOMAS WALKER, the son of JAMES WALKER, two negros BARBARY & HER DAUGHTER RACHEL.

I also give to my GRANDDAUGHTER JOYCE WALKER one negro girl named Milley.

I give to my son CHARLES WALKER three nego boys named Ben, Duquesne alias "Ducain" & Pitts.

I give to my said son CHARLES WALKER one tract of Land containing about one hundred and eight acres (upon the consideration of his having already paid the sum of Thirty pounds current money to my son Thomas Walker for the said Land) to him and his heirs forever.

I also give and devise unto my said son Charles, my land that lies on PRETTYS (Prettiss?) Creek, containing about three hundred and twenty acres to him and his heirs forever.

I also give unto my GRANDSON THOMAS WALKER, the son of JAMES, my Copper Mill and its furniture.

Lastly, I give and bequeath all the rest of my residue of my Estate of what kind or Quality so ever not before bequeathed or devised to be equally divided between my wife, my two sons, Thomas & Charles and my Grandson Thomas Walker, the son of James Walker, to be their sole property forever.

And I do hereby Constitute and appoint my son Charles Walker my sole Executor to this my last Will and Testament and do also direct and it is my Will and Desire that my said son Charles shall have and enjoy the several legacies which I have bequeathed to my Grand Children to his own proper use untill my said Grand Sons shall attain the age of twenty one years and my Granddaughter the age of eighteen years upon condition that he the said Charles do maintain and educate my two Grandchildren, Thomas and Joyce Walker, suitable to their condition and fortune.

I do hereby revoke, make null and void all and every Will and Wills by me heretofore made declaring this only to be my Last Will & Testament.

In witness whereof I have hereunto set my hand and seal this 21st day of January, 1767.

THOMAS WALKER (seal)

Signed, sealed published and declared by the said Thomas Walker, the Testator as and for his last Will & Testament In the presence of:

Richard Waugh
Charles Beale
John Isbell
Benoni Hansford

At a Court held for Orange County on Thursday the 25th day of January 1770,the Last Will and Testament of Thomas Walker DECEASED was produced in Court by Charles Walker, the Executor therein named and proved by the oaths of Richard Waugh and John Isbell two of the witnesses thereto and ordered to be recorded and ordered that the sheriff make proclamation of the said Will according to Law.

Test - GEORGE TAYLOR C.O.C.

(Clerk of Orange Co.)

Jonathan Cowherd and Joseph Eddem (?) entered security for Charles Walker for the Administration of Thomas Walker deceased.

Court records of a deposition given by James Sr. in an action taken against him states: ..."Merida (the person taking action against James) was and had been from his birth, a slave and not born of a free white woman, but of a woman slave named Barbery who was bequeathed to me by my Grandfather, Thomas Walker by Will of record in the office of Orange County, Virginia and which I pray may be received as evidence in this suit..."

Submitted by Ruth
Vol. 3 Wayne County Kentucky Vital Records, June Baldwin Bork, 1974