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In the name of God Amen, I John Powell in the County of Northampton in Virginia being of perfect memory and rememberance (praise be God) do make and ordain this my last will and testament in manner and form following. First - I bequeath my soul into the hands of Almighty God my maker hopeing that through the meriterious death and passion of Jesus christ my only Saviour and Redeemer to receive free pardon and forgiveness of all my sins and as for my body to be buried in a Christian burial at the discreation of my executrix hereafter nominated.

Item - I give unto my son Nicholas Powell my plantation I now live upon containing three hundred and fifty acres of land to begin for his Southern bounds upon the land that was James Pettiejohns, and Northerly to run along the marsh three half chains by a pond in the Northward pasture fence which runneth to Rich Hummock and from thence Westerly unto the branch where my pasture fence now standeth and from thence along the aforesaid branch to him and his heirs forever.

Item - I give unto my son John Powell two hundred acres of land which was my brothers being the Southern part of my land to him and his heirs lawfully begotten forever.

Item - I give unto my son Nathaniel Powell two hundred acres of land which Thomas Cottin now liveth upon it being the Northern part of my land to him and his heirs lawfully begotten forever.

Item - I give unto my two sons Nicholas Powell and John Powell my part of," Wrack Island" being three hundred and twenty five acres to them and their heirs forever, and likewise my will is that my two sons Nicholas and John shall have priviledge of each others pastures for their stock to range in.

Item - My will and pleasure is that if it should please God that ere a one of my three sons should die without issue that their land shall fall to the surviving brethern and their heirs.

Item - I give unto my son Powell all the cattle that is marked with the, "Flower de lice" of the left ear and a hole in the right ear, the which are called his wish all their future increase both male and female and one young horse which he hath now in possession.

Item - I give unto my two sons John and Nathaniel one cow calf and one ewe and all their increase likewise my will is that my three sons shall have my three guns, and he that hath my old great gun shall have my carbine with her, and my eldest to have the first choice of my guns.

Item - My will and pleasure is that my loving wife Frances Powell shall have the whole and sole use of all my estate both lands and chattles within doors and without during her widowhood, except what legacies I have before given to my three sons, she paying all my just debts and my desire is that my theree sons shall beput to school and tought to read and write and cipher perfectly, and if that my said wife should marry again that on the day of her marriage my will is that my estate shall be equally divided between my said wife and three sons and that my three sons shall be at age at sixteen years old, but if my said wife should not marry again, then my will is that my three sons shall remain with their mother untill they shall be twenty one years old and further my will is that if my said wife should marry again that my three sons shall be at liberty to choose their guardians at the age of twelve years.

Item - It is further my will and pleasure that if my aforesaid son Nicholas Powell shall at any time or times revoke this my will and testament and shall molest or trouble or sue his mother or his brother Nathaniel Powell and shall not suffer to enjoy quietly and possess what I have here given them in this my last will and testament, that then he the said Nicholas Powell shall in no ways enjoy any part or parcel of my estate that I have before mentioned and given to him, only five shillings which he shall have paid him by my exec'rx when he shall come to the age of sixteen years old.

Item - And my will is further that if my son Nicholas Powell should be so disobedient as to revolk this my last will and testament and trouble his brother Nathaniel Powell with law and recover his land from him that I have given to him that then my will is that my son Nathaniel Powell shall have the one half of the two hundred acres of land which I have before given to my son John Powell and the one half of my part of Wrack Island which I have before given to my son Nicholas if he had stood to my will and to him the said Nathaniel Powell and his heirs forever.

And I do appoint my loving wife Frances Powell to be my whole and sole executrix of this my last will and testament and I do further request my much honored friend Col.John Custis Esq. and my loving brother Benjamin Stratton to be the Overseers of this my last will and testament and that my said sons shall neither bargin nor swap with any one untill they come to the age of twenty one years old without the consent of one or both my Overseers. In witness where of I have here unto set my hand and fixed my seal this sixth day of December one thousand seven hundred...

John Powell

Signed, sealed in the presence of us;

Thomas Bayley

Agnes Stratton

Benjamin Stratton

(endorsed)

Northampton,

December the 28th anno 1702, Then Mr. Benjamin Stratton exhibited to the court the last will and testament of Mr. John Powell deceased and moved for probate there of by power from and on the behalf of Mrs. Frances Powell the widow and sole executrix of the said decedents will sufficiently proved in open court of the said county, on which the said will was likewise proved in open court of the said county by the corporal oaths of the said Benjamin Stratton and Agnes Stratton his daughter and approved and allowed of by the court as an authentic probate and ordered to be recorded.

Teste Daniel Neech Clk. Cur.

Recorded Daniel Neech Clk. Cur. Co. Northampton

Source:
Walczyk, Frank V.  Northampton County Order Book & Wills 1698 - 1710 Vol. 1, 1698-1703 (Coram NY: Petersrow, 2002); pp. 98, 99.