Last Will and Testament of Thomas Bayly - 27 March 1808 - Transcribed by Gail M. Walczyk
Spelling remains the same.
In the name of God amen I Thomas Bayly of Hills farm
in Hunting creek in the county of Accomack possessing not reason and understanding
unimpaired, but knowing the uncertainty of life do think it proper to make my last
will and testament which I do in manner and form following to wit:
Imprimis I
bequeath my soul to god who gave it, and my body to the earth from whence it came to
be decently buried by my executors and my worldly estate I dispose of as follows to
wit:
I give and bequeath to my Grandson John H. Bayly, son of my deceased son
Edmund Bayly my Desk and book case, the two large looking glasses in the hall my large
Gold ring with the family coat of arms on it, the pictures of his father and Mother the
pictures of Mrs. Hill, the family tree picture his aunt Margaret Robin s pictures,
Maddisons Map of Virginia the large Family bible. The gun I brought of Charles Bagwell
and my old Negro woman Sabra who I request shall remain on the plantation where I now
live: I also give to my sd grandson my own and my present wifes picture, after the
death of my sd wife, to whom I give them during his life. I also confirm to my sd
Grandson the plantation on which I live called Hills farm with all its members and
appurtenances which I conveyed to his father in his lifetime by deed and which he
devised to his sd son John H. Bayly.
Item: I give and bequeath unto my daughter
Catherine Cropper my tract of land at Mesongo containing five hundred and fifty Acres
be it more or less to her and heir heirs and assigns forever one half of all my stock
of cattle and sheep; all my pictures not before disposed of My sorrel mare called
milkmaid and my Negro man named Abraham.
Item: I give and bequeath to my son
Thomas M. Bayly all the lands and plantation whereon he now lives & has possessed of
eastwardly of the bayside county road as it now runs including the hundred acres I
hereto fore conveyed to him by deed which I now confirm the sd tract altogether being
called and Known by the name of Marino I also give to my sd son Thomas all that piece
of Woodland which lies to the westward of sd county road and between my mills and the
lands of the heirs of William Turner decd together with my grist and saw mills and the
acre of land appurtenant thereto which I bought of Robert Turnall all which lands and
mills I give to him my and his heirs and assigns forever I also give to my sd son
Thomas my large Timber wheels and three of my best timber chains and my Negro Slaves
to wit: John, Akins, Levin and George I also release to my sd son Thomas all claims or
demands I now have against him.
Item: I hereby confirm to my son Richard D. Bayly
all the lands lots and other real estate whatsoever which I have heretofore conveyed to
hid by deed or deeds, I give to my said son Richard my slaves Levi, Major, Ned, James,
Sarah and Elijah to him and his heirs and assigns and my Gun which I call curtis. I also
give to my son Richard all the interest which my be due to me at the time of my death on a
bond for Thomas Wise decd to my sd son Richard for fifteen hundred dollars and which Interest
I an entitled to receive during my life by virtue of sd Richard s covenants with me.
Item: I give and bequeath to my daughter Margaret ker Robins my plantation and tract of land
which I bought of Thomas Wise and John Cogwell & wife containing one hundred and eighty two
acres be it more or less which I call Woodlawn; also all my lands called Finley s point which
I bought of Major Rayfield senr; Billy, Betty and Major Rafield Jr, Wm Bull and wife Levi Annis
and wife and Sally Delastatious and all the lands lying to the westward of the bayside road [-----]
now runs which I bought of Wm Rayfield the whole of which is supposed to contain from ninety to one
hundred Acres be it more or less, the whole of which said land I give to her my sd daughter Margaret
and her heirs and assigns forever. I also give her my said daughter Margaret my slaves Zadoc, Jack,
Rachel, Peter, Agnes & her child Letty: I also conform to her whatever I may have heretofore given to
her and she is now in possession of. And I give to her the other half of my cattle & sheep.
I
give to my loving wife Elizabeth Bayly the following slaves which I got by my marriage to her, to wit:
Thomas, Nehemiah, Milly, Sukey, Pleasant, Henry & Sheppard to her and her heirs and assigns, also three
beds, three bolsters, six pillows, three bedsteds, mats and cords, six pair of sheets, three pair blankets,
three bedquilts. Three counterpanes, six pillow cases six tables cloaths, six towels all of
which beds &c to be her choice: also my double chaise and harness my two horses Damon and Browse,
a suit of Bed and widow curtains which She bought in Philadelphia: all the trunks, chests, and
boxes she keeps her cloathes in her case of drawers and one hundred dollars in cash to be paid by
my executors out of my estate, or the value or that sum in provisions and such like things out of
my estate whichsoever she may choose to take, which slaves and other estate. I mean to be lieu of
her dower in my whole estate real and personal.
Item: I give and bequeath unto my
granddaughter Ann Custis Bayly the sum of Twelve hundred dollars lawful money of the United
States to be paid to her by my four children, to wit, Catherine, Thomas M., Richard D. & Margaret
Ker equally that is to say three hundred dollars each to be paid to my said granddaughter Ann
Custis Bayly when and so soon as she arrives to the age of twenty one years or shall marry, and
I do will and direct that during her nonage unmarried the said Catherine, Thomas, Richard &
Margaret shall pay to the said Ann the legal interest of three hundred dollars each yearly
But in case of the death of my said granddaughter under the age of twenty one years unmarried
my said four children are to be absolved and released from the [Page 51] payment of the said
three hundred dollars each as well as interest after her death. I also give to my said
granddaughter one dozen large silver table Spoons and a large silver Ladle, but in case of her
death under the age of twenty one years and without child, I give the sd spoons and ladle
to my said daughter Margaret Ker Robins.
Item: I will and devise that
Tamar Bayly a Negro woman who I some time ago Manumitted shall have a comfortable
maintenance out of my estate in case she shall become unable at a future time to
maintain herself in which event I direct that my grandson John H. Bayly and my
children Catherine, Thomas, Richard & Margaret , shall contribute jointly and
equally for that propose.
Item: I will and direct that Patience Bayly who I
also some time ago Manumitted but reserved a term of service shall go free from
the time of my death, and I do discharge her thenceforth form further servitude
Item: I give and bequeath all the remaining part of my estate of every Kind
and description not known before disposed of to be equally divided between my four
children, to wit, Catherine Cropper, Thomas M. Bayly, Richard D. Bayly and Margaret
Ker Robins and I trust that my said children will endeavor to effectuate my wishes
as before expressed with regard to the deposition of my estate should it, however
happen that contrary to my wishes and hopes of them shall refuse to carry it en to
effect, but shall attempt to frustrate any of the devises, bequests, appointments
or directions therein contained, those so refusing shall forfeit all the estate
given herein to him her or them so refusing to him her or them who shall be so
attempted to be injured
Lastly I do hereby nominate, constitute and appoint
my son in law John Cropper Jr my sons Thomas M Bayly & Richard D Bayly and my son
in law Bowdoin Robins Executors of this my last will and Testament
In testimony
whereof I have hereunto set my hand & affixed my seal this 27th day of March 1808
Thos Bayly
Signed Sealed published &c
in presence of us & subscribed by
us in presence at the
request of the Testator
Jno Burton
Jno Wise
Levin
Parker
I do here by make and publish this as a codicil to my will which I
desire shall be accepted and taken as a part thereof to wit, after my wife shall
have taken her choice of beds as before bequeathed to her, I then give to my
daughter Catherine two beds bolsters and bedsteds her next choice and I do
hereby confirm and ratify to my sd daughter Catherine all that I heretofore
given to her : I also give to my daughter Margaret K. Robins my easy chair
and the furniture belonging thereto
Thos Bayly
Jno Burton
Jno Wise
Levin Parker
At a District Court held at Accomack Courthouse on
the 16th day of May 1808
This last Will and Testament of Thomas Bayly
(of Hills Farm) decd and also a codicil hereunto annexed as a part of
said Will was each of them proved by the oaths of John Burton and John
Wise witnesses thereto and ordered to be recorded. And on the motion of
Thomas M Bayly and Richard D Bayly two of the executors therein named
who took the oath of an Executor and gave bond according to Law in the
sum of Five Thousand pounds with John Burton, John Cropper Junr and
John Wise securities thereto Certificate is granted them for obtaining
a probate thereof in due form,
Teste
Richard D Bayly CDC
Truly Recorded
Sources:
_____. Accomack County Virginia District Court Wills & Deeds 1807-1830, 49.
© Copyright 2010-2012 by Gail M. Walczyk