King George Co Will Book 2, page 44-49 This is the last Will and Testament of Henry Fitzhugh Esquier (sic) of Bedford in the Parish of Saint Paul and the County of King George formerly Stafford, Virginia. First I give and devise to my wife during her widowhood the use and occupation of my mannor (sic) Plantatioon, including all my Lands adjacent to it; also one third part of all my other lands and one third part of all my slaves. I mean to include one third of the lands & slaves which I hold in her right, in this devise during her widowhood aforesaid. I also give to my said wife one third part of my Chattels or Personal estate forever - my will is that my wife shall have the liberty to chose such slaves and articles of Personal estate in part of her said thirds as she may fancy. But these Devises and bequest to my wife are on this express conditions ~ to wit; that she my wife shall release and assign or give and dispose of when required, all her right and Title and Interest to any lands, slaves, & other estate, which she claims or may claim as her proper estate, to the sole use of the devises & Legatees in this my will & to other Heirs forever, and also that she my wife shall permit my estate to be kept together, that the profits of the whole, exclusive of necessaries, be applied to the payment of my Just debts. Second I give & devise to my son John Battaile Fitzhugh & to his Heirs forever all my lands & all my wife's lands in Caroline and Orange Counties subject to my wife's Dower and the payment of my Debts as aforesaid. Thirdly I give & devise to my Son William Fitzhugh & his heirs forever all that Tract of Land situate on Cedar Run Fauquier County, according to survey and devision made by Richard Dixon - the said land being now possessed by my said Son Subject notwithstanding to my wife's Dower or third part & to the payment of my debts as aforesaid. Fourthly I give & devise to my son George Fitzhugh and his heirs forever all that Tract of Land situate on Turkey Run in Fauquier aforesaid, according to the said Survey & Division made by the said Dixon, the said land being in the possession of my son George, subject to his mother's thirds & the payment of debts. Fifthly I give and devise to my son Thomas Fitzhugh and his heirs forever a Tract of Land together with a fulling [?] Mill, situate in Fauquier County the same containing about eight hundred acres; the Conveyance was made by Cuthbert Bullet - subject to his mother's third part & the payment of my Debts. Sixthly I give and devise all my lands in Fairfax County called Ravensworth, to my five youngest sons Nicholas, Richard, Mordecai, Battaile and Giles & their heirs forever to hold in Joint Tennancy [?] subject to their mother's thirds & the payment of my debts as aforesaid and I hereby give the use of all my Estate to my Executors for the Purpose of paying my Debts as aforesaid. Seventhly I give & devise to my Grandson & heir of Henry Henry Fitzhugh & his heirs forever all my lands in King George & Stafford Counties, subject to the use & third part respectively devised to his Grand Mother & subject to the payment of my Debts. Eighthly I give & bequeath all my slaves and person estate except one third of the personal estate before given to my wife forever, to my nine sons & grand son & to my daughters Susannah Dade & Mary Stuart equally to be Divided forever - each legatee to have one twelveth (sic) part, after my Debts are paid, of two thirds parts and the remaining third part at my wife's death; should my debts be then discharged - my will is that every Slave or Slaves heretofore given to any of the aforesaid legatees shall be considered as part of such Legatees twelveth (sic) according to the value of such slave or Slaves when given - my will & desire is that each of the twelve legatees may receive a twelveth part of the slaves and two thirds of the chattels or personal estate perfectly as nearly as can be equal, I mean to include in the above bequest all the slaves & personal estate which I hold in right of my wife, & if either I or my wife should give or Convey in future any Slave or Slaves to one or more of the Legatees, my will is that a proportional allotment [?] shall be made at the final Division. Willis, Daphne, Jonathan slaves are part of my Grandson's Twelveth. Ninthly I release to my Grandson his father's bond for thirteen hundred Pounds money paid by men for the land wher (sic) his mother now lives - but if my Grandson Henry or his Heirs should ever controvert or defeat the Effects of this my will or any part of it then and in that case I revoke the release of the said Bond, and I Give & devise all the estate real & personal, herein devised to my said Grandson, to my five younger Sons & their heirs forever. Tenthly I give to my Daughter Sarah Bland a Gold Ring of One Guinea value & no more. Eleventhly It is my will that neither my grandson nor my younger sons receive any part of profits of the estates devised them until [?] they and each of them are of age even altho' my debts are discharged, except what may be necessary for them - that the whole of such profits, after debts paid as aforesaid be applied to the support of al my younger children and my grandson equally. Twelvethly my will is that my estate be inventories but not appraised; I appoint my sons in Law Townshend Dade, William Gibbins Stuart, my sons John, William, George, Thomas & Nicholas Executors of this my will and Guardians of my children who are under age, and my Desire is that my Executors give no Security. In Testimony whereof I have hereunto put my hand and Seal this twenty-fifth day of June Anno Dom: One thousand Seven hundred & eighty two 1782 ~ Signed Sealed & Published In presence of James Cuthbertson Robert Washington Henry Fitzhugh Jr. Alexander Rose Francis Conway~ Henry Fitzhugh Codecil to the Will of Henry Fitzhugh dated 1782 June 25th. I give and devise to my wife all my stocks of Horses, Cattle, Sheep & Hogs, which shall be on or belong to any Mannor Plantation at my death and all the [illeg] furniture & Chattels whatsoever in or belonging to my House and and Mannor plantation at my death to her my wife her Executors, administrators & assigns forever. I also appoint my wife an Executrix to my Will & and one of the Guardians to my children and my Will is that she shall not give Security. In Testimony whereof I have hereunto put my hand and Seal this 12th day of February 1783. Signed Sealed acknowledged And published in presence of Alexander Rose William Fitzhugh James Cuthbertson~ Henry Fitzhugh 1783 February 13th Second Codicil to the will of Henry Fitzhugh. My will is that if one of more of my five youngest children should die before their respective ages of eighteen or without a proper Disposition, that his or their Share or Shares of slaves devised to them by Will, shall survive and vest in the Survivors of my said youngest children subject as by the will. In witness whereof I have put my hand & seal February 13th 1783 Henry Fitzhugh Signed Sealed and Acknowledged and Published in Presence of Alexander Rose William Fitzhugh James Cuthbertson At a court held for King George County the 5th day of June 1783. The last will and Testament of Henry Fitzhugh Esquire decd was presented into Court with the Codicils thereto by John Battaile Fitzhugh and William Fitzhugh two of the Executors therein named, who made oath thereto as the Law require, and being further proved by the oaths of Alexander Rose & James Cuthbertson two of the witnesses thereto was ordered to be recorded and on motion of these exors Certificate is granted therin for Obtaining Probate thereof in due form of Law. The said John & William first performing what the Law in such cases require. Teste Jos. Robinson C. C.