Last Will and Testament of Argoll Yardley - 3 January 1681/2 - Transcribed by Frank V. Walczyk
In
the name of God Amen, I Argoll Yardley of the County of Northampton in
Virginia, Gent. being in perfect sound health and memory praised be the
almighty, but knowing the uncertainty of life in this world and that we
are all born to die for the better settling of those worldly goods he
hath blessed me here with I make and ordain this my last will and
testamant in manner and form following.
Imprimus
- I bequeath my soul to God who gave it and my body to return unto the
earth from whence it came to be buried in such decent and Christian way
of burial as my exec'rs here after named shall think fit hopeing and
being well assured that through the merits and passion of my Savior
Christ Jesus I shall arise again at the last day and receive that glory
promised to his elect to whom be praise for ever more amen.
Item
- I give bequeath and devise unto my loving son John Yardley six
hundred acres of land more or less included with the bounds following
(vizt) begining at the Old Town Branch running by the house where
William Upshur now dwelleth extending alongest the said Branch and so
running untill it shall include one half of the place now known and
called by the name of The Wood Yard and thence extending to the
Northermost bounds of Simon Michaels land for the Southern and Eastern
bounds Westerly on a branch of Mattewoames Creek Southerly on the said
main creek including within the bounds the whole place called, The Old
Town to him the said John Yardley and the heirs lawfully begotten by
his body and for want of such issue to descend to the next heir at
common law.
Item
- All the rest of my lands I give and devise unto my loving son Argoll
Yardley to him and his heirs lawfully begotten by his body and in
default thereof to the next inheritable by the comon law only excepting
the plantation and appurtences where on I now live which I give and
grant and bequeath unto my best beloved wife Mrs. Sarah Yardley during
her natural life she keeping the housing, orchard and fencing in good
sufficient repair, that they be not ruinated and if my wife do marry
and etc. then to give bond with good security for the true performance
of the same as aforesaid, she having the benefit of any timber for the
benefit and use of the said plantation.
Item
- I give and bequeath unto my Loving children, Argoll, John, Elizabeth,
Frances and Sarah Yardley, to each of them six cows with calves by
their sides to be delivered as they shall successively attain to age
here after mentioned, but if either or any of my said children shall
die before they attain to the age aforesaid the survivors not attained
to full age to heir the deceaseds part equally divided amoungst them as
aforesaid.
Item
- I give and bequeath unto my said five children each of them one
feather bed and furniture and two thousand pounds of good tobacco and
cask to be delivered them as they shall attain to age.
Item - I give and bequeath the Negro boy called, Jack unto my said loving daughter Sarah Yardley.
Item
- I give and bequeath unto my loving son John Yardley and my loving
daughters Elizabeth, Frances and Sarah Yardley to each of them as they
shall come to age one breeding mare and if it shall please God that any
of my now mentioned children shall die before they shall attain to age
aforesaid the survivors to have the deceaseds part equally divided
amoungst them as aforesaid.
Item
- I will that my loving sons Argoll and John Yardley shall be at full
age to receive and enjoy their portions when they shall attain to the
age of eighteen years and my aforesaid daughters when they shall attain
to sixteen years etc.
Item
- All the rest and remainder of my estate I freely give and bequeath
unto my loving wife Mrs. Sarah Yardley and that all and every of my
estate remain in my wifes custody as she shall think fit untill my said
children shall be capable to receive their said portions at the time
they successively attain to age according to the intent and true
meaning of this my last will and testament.
Item
- I do by these presents nominated and appoint my beloved wife Mrs.
Sarah Yardley and my loving sons Argoll and John Yardley executrix and
executors of this my last will and testament willing and requireing my
loving brother in law Mr. Thomas Rydinge and my loving friends William
Whittington and Mr. John Luke to be Superintendents or Overseers to my
wife and children desiring they will use their indeavors to assist the
widow and fatherless for the Lords sake.
Lastly - I do revoke and make void all former wills and testaments by me made and this only to be my last will and testament.
In
witness whereof and other the above recited premisses I have here unto
fixed my hand and seal the third day of January anno 1681/82. Memaranda
- The words and devise in the ninth line and raised in one place was
done before signing and sealing and interlined in the 28th line was
done before.
(signed thus)
Argoll Yardley
Signed, sealed and delivered in the presence of us; John Hudson
John Jennings Adam Michael
Wm. Whittington
The
second of March anno 1682, The said day the last will and testament of
Mr. Argoll Yardley deceased was partly proved in open court by the
corporal oaths of Mr. Adam Michael and John Hudson which the court
approves of as a sufficient probate for all chattles belonging to the
said decedents estate and allowed of and ordered to be recorded and
forasmuch as there is two other evidences to the said will, It is the
opinion of this court that one of them appears in as convenient time as
they can for the further confirmation of the said probate as to the
said decedents real estate.
Teste - Daniel Neech Clk. Cur.
Recorded - Daniel Neech Clk. Cur. Co. Northampton
(For
more information on the Yardley family see "Sir George Yeardley or
Yardley, Governor and Captain-General of Virginia, and Temperance, Lady
Yeardley, and Some of Their Descendants.")
Source: Walczyk, Frank V.
Northampton County Order Book (& Wills) 1678 - 1683 Book 11. Coram NY: Petersrow, 2001; pp. 214-216.