NOTE: Spellings have not been changed

[1st sheet begins]

In the name of God Amen, I William Kendall Sen'r of the County of Northampton in Virginia, Merchant being of sound and perfect sence and memory (praised be God) do make this my last will and testament hereby revolking and disannulling all other and former wills whatsoever.

Imprimus - I commit and comend my soul to almighty God that gave it me (hoping through the merits of Jesus Christ my Redeemer) that after this sinfull life is ended to enjoy eternal life and happiness with him in Heaven my body to the earth from whence it was taken desireing the same may have a decent and Christian burial.

Item - My will and absolute desire is that the seven hundred acres of land whereon my son in law Hancock Lee Gent. now liveth together with all such Negros, cattle, sheep, horses, mares, goods, chattles and household stuff of what nature soever be and remain according to the deed of gift or donation thereof given and the use and uses therein mentioned and set down reserving liberty thereon for me and my heirs to get Barque for the use of my Tannehouse further my will and desire is that so a Negro woman, James her child, and another younger child lately born of her body with all the rest of her future increase male or female which said Negro woman and children are now in the possission of my said son in law Hancock Lee be and remain perticularly to my grandaughter Anna Lee the eldest daughter of the said Hancock and Mary my daughter his now wife and her heirs and to have the sole benifit and profit of the said Negros when she attains to sixteen years of age or day of marriage which shall first happen.

Item - I give, will and bequeath my Tannehouse with sixty acres of land together with the Tanner my Negro man, Siscoe and the boy Rabishaw for the time he hath to serve there unto belonging to my son William Kendall and my said daughter Mary Lee and the heirs of their bodies lawfully begotten and for want of such issue then to John Kendall the son of my kinsman John Kendall deceased Thomas Eyre, Daniel Eyre and Elizabeth Eyre Jun'r and their heirs forever always provided that my loving wife Sarah Kendall be duely paid one third part of the profits thereof during her natural life.

Item - My will is that all lands by me sold which I have been honestly paid for shall by my exex'r hereafter named be confirmed to all intents and purposes with warrenty from me and mine and specially the lands by me sold to Thomas Moore deceased and Thomas Poynter be released and confirmed as the same are now held by my sons in law John Eyre, Thomas Eyre and Daniel Eyre and their heirs from all right, title or interest pretended to or claimed in the said lands by, from or under them or any of them.

Item - I give and bequeath to the eldest daughter of John Mulls one young cow of about three years old to be delivered within three months after my decease.

Item - I give and bequeath unto Ruth the daughter of Mr. Thomas Larrington deceased my first wifes daughter twenty pounds sterling money of the Kingdom of England to be paid within one year after my decease and in case of her decease before mine then to be paid to her children or child (if any living) at North Yarmouth in the County of Norfolk if known where to find her, him or them.

Item - I give unto the eldest son of my brother John Kendall living about Brinton in Norfolk ten pounds sterling to be paid within two years after my decease and if no son living then to his eldest daughter.

Item - I give unto my brother Thomas Kendall living in Norwich ten pounds sterling to be paid with all convenient speed after my decease.

[First sheet ends and signed  Wm. Kendall]

[second sheet begins]

Item - I give will and bequeath unto the two boys at the Tannehouse, Cattlin and Rabishaw each of them one hundred acres of land to be laid out conventtly out of my divident of the land In Accomack County undisposed of as also I will that they be paid such tobacco as is due to them as will appear by my ledger all which to be performed when they attain to the age of twenty one years.

Item - I give will and bequeath unto my loving wife Sarah Kendall the three hundred acres of land at Hungers which I lately purchased of Mr. John Bellamy where on my son William Kendall now liveth during her natural life and in case she hath any issue by me then the said land I give to him her or them and their heirs forever, as also to her said issue as aforesaid expressed (if any) one full moiety or half part of my divident of land at " Scotch Quarter" on the Seaside which I purchased of Capt. Wm. Whittington and their heirs forever and the other moiety or half part of the said Scotch Quarter divident to my grandaughter Susanna Kendall and her heirs forever and on division the issue by my now wife to have first choice but for defect of such my said grandaughter to enjoy both parts of the said land as also the three hundred acres of land afore given my wife for her life after my said wifes decease to her the said Susanna Kendall and her heirs forever always provided that my said son William Kendall be not debarred of the range and benifit of the said Scotch Quarter divident during his natural life.

Item - I give will and bequeath unto my grandaughter Kendall Lee the youngest daughter of my aforementioned son in law Hancock Lee and Mary my daughter his now wife one thousand acres of land being part of my divident of land which I took up in Accomack County of four thousand two hundred acres part of which thousand acres is four hundred acres of land which I have leased to Henry Towles and one hundred acres more adjacent thereunto which I have leased to another man and five hundred acres of land more to complete the said thousand acres so given by me to my said grandaughter Kendall Lee to be most contiguously and adjacently laid out for the conveniency to the said five hundred acres so by me leased out to her the said Kendall Lee and her heirs forever after the expiration of the leases aforesaid.

Item - All the rest of my lands tenements and hereditaments (except such lands as I have already disposed of to my son William Kendall or other person or persons whatsoever by this my to or former deeds of gift on this county records) (which I do hereby confirm according to their purport sence and true meaning) I wholey give devise will and bequeath to my said son William Kendall and the heirs of his body lawfully begotten forever and for want of such heirs then to my daughter Mary Lee and the heirs of her body lawfully begotten forever and for defect of such heirs then to John Kendall the son of my kinsman John Kendall deceased Thomas Eyre, Daniel Eyre and Elizabeth Eyre Jun'r and their heirs forever in manner as aforesaid in the bequest of my Tannehouse etc. excepting six thousand acres of land in the County of Accomack by me bought of David Williamson and seventeen hundred acres of land by me likewise purchased of Mr. Henry Smith both which said quantitys of land (excepting five hundred acres thereof by me formerly sold to John Stokely deceased and also five hundred acres which I do hereby give and bequeath to the said John Kendall and his heirs forever to be laid out with some conveniency for him on part where of Canutus Bence now liveth) I give and bequeath to my son William Kendall and my said daughter Mary Lee their heirs and assignees forever my son William to have his first choice upon division.

And lastly all remaining part of my estate not herein or by former deeds of gift bequeathed or given both real or personal moveables and inmoveables (lands only excepted) plate, jewels, rings, money, goods, merchandizes, household stuff, debts and other things within doors and without whatsoever in the Colony of Virginia, the Kingdom of England or else where my will and devise is to be divided into six equal parts my just debts and legacys

[second sheet ends and signed Wm. Kendall]

[third sheet begins]

being first set apart to the value thereof to be paid) as soon as conveniently may be after my decease by my exec'r here after nominated with the assistance of two or more of my Overseers in this my will underneath mentioned which I do give and bequeath as followeth (vizt) unto my aforesaid son William Kendall his first choice of two sixths parts thereof the half part of one of which sixth parts so by my said son first chosen, I will give and bequeath to my afore mentioned grandaughter Susanna Kendall my said sons daughter to be disposed of to her best advantage as he and two or more of my Overseers shall think fit untill she attains to the age of sixteen years or day of marriage and then to be possessed therewith, unto my loving wife Sarah Kendall the third choice of the next sixth part thereof, unto my aforesaid daughter Mary Lee, and fourth choice of the next sixth part thereof which I desire the Overseers to this my will such and so many of them as shall think fit to take into their custody for the sole use and benefit of my said daughter Mary Lee and liberally to supply her with the same as they shall find cause and see necessary and the present state and condition of herself and children shall from time to time manifestly appear to them to require unto my aforesaid grandaughter Kendall Lee the fifth choice of the next sixth part thereof to be disposed of to her best advantage as her father and mother my son in law Hancock Lee and Mary his wife my daughter (with two or more of my Overseers) as they shall think fit untill she attains to sixteen years of age or day of marriage and then to possess and enjoy the same, and to the four children of my now wife John, Mary, Esther and Elizabeth Mathews the last sixth part thereof to be equally divided amoungest them or the survivor or survivors of them and to be at their said mothers dispose for their best advantage (with the assistance of two or more of my Overseers) untill they shall attain to lawfull age or days of marriage and then to enjoy and be possessed with their respective parts the same being to them in lieu and consideration of their own fathers estate their parts thereof which came to my hand as by appraisement and inventory thereof on record may appear only what perticular creatures or things properly belonged to them or any of them by the gifts of friends which never was brought to the appraisement (as by schedule under my hand thereof hereunto affixed may appear) to remain entirely to them and every of them with all their increase. hereby appointing my said son William Kendall full and sole exec'r of this my last will and testament, earnestly requesting and desireing my Honored and Well beloved friends, Nathaniel Bacon Esq., William Cole Esq., Lt. Col. William Waters, Major John Robins and Daniel Neech to aid and assist my said exec'r in defending all suits of law brought against him or prosecuting any just claims on his behalf as also in the real performance of this my will and that my exec'r pay (and they please to accept of) forty shillings sterling apiece to buy each of them a ring to wear for my sake as also to be reimbursted all necessary charges which shall be expended. In witness whereof I the said Wm. Kendall Sen'r to this my last will and testament containing three sheets of paper have set to my hand and affixed my seal to each of them this twenty ninth day of October anno 1685

William Kendall

Signed and sealed to each of these three sheets as aforesaid and published and declared by the said William Kendall Sen'r as his last will and testament in presence of;

Peter Delacourt

Thomas Richards

Daniel Neech

The 28th day of July anno 1686, then this the last will and testament of Col. Wm. Kendall deceased and the schedule there unto affixed dated the 29th day of October 1685 was proved in open court by the corporal oaths of Peter Delacourt, Thomas Richards and Daniel Neech and approved of and ordered to be recorded.

Teste - Daniel Neech Clk. Cur.

Recorded - Daniel Neech Clk. Cur. Co. Northampton

A schedule of the perticular stocks and other things belonging to the four children of my now wife which are to remain to them over and above the sixth part of my personal estate given them by my will in lieu of their parts of their own fathers estate by appraisement as followeth (vizt)

To John Mathews three heifers two years old last Spring and a mare about seven year old, a horse about two years old and one ewe, five hundred pounds of tobacco and cask for a steer bought of him this year, two pewter dishes and six plates, two pair of sheets and two pair of pillowbeers.

To Mary Mathews two cows and two calves, one steer two year old last Spring, one ewe, one table cloth, one dozen of napkins, two pair of sheets, two pair of pillowbeers, two pewter dishes and six plates, one quart pot, candle cup, six porringers, one dozen of spoons and two salt sellers all pewter.

To Esther Mathews two cows, one calf, one heifer a year old last Spring, one ewe, two pair of sheets, two pair of pillow beers, one table cloth, one dozen of napkins, two pewter dishes, six plates, one quart pot, a tankard, six porringers, one dozen of spoons, two salt sellers all pewter, one looking glass, one small pair of tongs and fire shovel and one little Negro boy named Will the son of Tom Caree Negro and his wife.

To Elizabeth Mathews, one ewe, one mare about four years old last Spring, two pewter dishes, six plates.

For Andrew the son of Andrew Small and Anne his wife one heifer to be a year old next Spring omitted in my will but desire may be performed as if a legacy therein incerted to all which I have set my hand and seal the day and year within written.

William Kendall

Witness hereto Peter Delacourt

Thomas Richards

Daniel Neech

Recorded - Daniel Neech Clk. Cur. Co. Northampton

[Endorsed on the third sheet of the aforegoing will.]

Upon further serious and mature consideration the sixth part of my personal estate given my daughter Mary Lee by my within will and to be deposited in the hands of such of my Overseers as should please to accept thereof as therein mentioned being intended for the sole and only use of my son in law Hancock Lee and my said daughter Mary his wife and their children and for their best benefit and advantage my will and desire is that the said sixth part upon division according to the purport of my within will be delivered and deposited into the hands of my said son in law Hancock Lee and Mary his wife well hopeing their utmost care and endeavour will not be wanting for the improvement and management thereof for the mutual benefits of themselves and children and for the true and real performance here of as an appendix or coddicell to my within will I have here unto set my hand and affixed my seal the day and year within written.

William Kendall

Signed, sealed and delivered in presence of;

Owen Marsh

Benjamin Aydolett

Daniel Neech

The 28th day of July anno 1686, Then the above written coddicell or appendix to the within will of Col. Wm. Kendall deceased bearing equall date with the same was likewise proved in open court by the corporal oaths of Owen Marsh, Benjamin Aydolett and Daniel Neech and also approved of and ordered to be recorded.

Teste - Daniel Neech Clk. Cur.

Recorded - Daniel Neech Clk. Cur. Co. Northampton

[On another sheet affixed to the afore going will as an appendix or codicil]

Whereas I the within mentioned William Kendall Sen'r in the second sheet of my within will have given and bequeathed unto my loving wife Sarah Kendall the three hundred acres of land whereon my son William Kendall now liveth during her natural life and to her issue which she shall have by me and his, her or their heirs forever as also to her said issue as afore expressed (if any) one full moiety or half part of my divident of land at Scotch Quarter and etc. and their heirs forever and the other moiety or half part of the said Scotch Quarter divident to my grandaughter Susanna Kendall and her heirs forever etc. as in and by the article or clause in my said will (relating there unto) may more at large appear . Now these presents testifys and declare that I the said William Kendall Sen'r being in health of body and of sound mind and memory my absolute will and [Page 231] desire is and I do hereby give will devise and bequeath the said moiety or half part of my said Scotch Quarter divident therein given to the said issue of my now wife by me and their heirs forever with the other half part afore therein given to my said grandaughter Susanna Kendall but for defect of such issue then my said grandaughter to enjoy the said whole divident of Scotch Quarter as also the three hundred acres of land afore given my wife for her life after my said wifes decease to her the said Susanna Kendall and her heirs forever and in lieu of the said moiety or half part of Scotch Quarter divident devised to the issue of my now wife and their heirs given my said grandaughter Susanna Kendall as aforesaid I do hereby give will devise and bequeath unto her my said grandaughter Susanna Kendall and her heirs forever two thousand acres of my divident of land of four thousand two hundred acres which I took up in Accomack County and in case of her decease unmarried or without issue then to Robert to my son William Kendall and his heirs according as is provided in my afore going will also for defect of issue by my now wife or of his her or their decease under age or without issue then the said Scotch Quarter divident wholly to Robert to my grandaughter Susanna Kendall and her heirs as also the three hundred acres of land given to my wife during her life after her decease in like manner, and for defect of issue of her body lawfully begotten then to my said son William Kendall and his heirs according to the entayle by me made of my Tannehouse and other devizes in my said will etc. anything therein contained to the contrary thereof not with standing and I do further give devize will and bequeath unto my three daughters in law Mary, Esther and Elizabeth Mathews seven hundred acres of land being the remaining part of my divident of four thousand two hundred acres by me taken up in Accomack County as aforesaid and as much more of my land adjoining to it and lying most conveniently and entirely to the same to complete the said quanitity to say two hundred acres apiece to Mary and Elizabeth Mathews and three hundred acres for Esther Mathews to remain in joint tennancy for them, and the survivors or survivor of [Page 232] them untill the eldest of them attains to lawfull age or day of marriage and then to be duely and exactly divided for the most and best conveniency and advantage of them all and to be held and enjoyed by them or the survivors or survivor of them and their heirs forever anything in my foregoing will mentioned or expressed to the contrary in anywise not with standing and for the true and real performmance here of as an appeddix or coddecell to my within will I have here unto set my hand and affixed my seal the sixteenth day of April in the year of our Lord God one thousand six hundred eighty six anno regis 2nd.

William Kendall

Sealed and delivered in presence of;

Owen Marsh

Benjamin Aydelott

Daniel Neech

The 28th day of July anno 1686, Then the aforewritten coddicell or appendix to the precedent will of Col. Wm. Kendall deceased bearing date the sixteenth of April 1686 as above said was also proved in open court by the corporal oaths of Owen Marsh, Benjamin Aydelott and Daniel Neech and likewise approved of and ordered to be recorded.

Teste - Daniel Neech Clk. Cur.

Recorded - Daniel Neech Clk. Cur. Co. Northampton

I William Kendall Sen'r being now going to Rappahanock on Public Employ and am in the hands of Almighty God as to my return do make and declare this under my hand and seal that thirty thousand pounds of good tobacco and cask to say one half in goods by a good invoice at a penny per pound the other half in good tobacco and cask all to be delivered to my loving wife Sarah Kendall within three months after my decease and sooner if in tobacco time which goods and tobacco is to be laid out in building at my plantation where my son Wm. Kendall Jun'r now liveth and this to be truly and fully paid by my exec'r anything in my will or otherwise to the contrary not with standing as witness my hand and seal this sixteenth day of June anno one thousand six hundred eighty six.

William Kendall

Signed sealed and delivered in the presence of us;

Edmond Bowman

John Northam

Daniel Neech

The word all interlined before sealing and delivered, The 28th day of July anno 1686, Then probation made to the above writing under the hand and seal of Col. Wm. Kendall deceased in open court by the corporal oath of Daniel Neech and also the thirteenth day of the said month of July anno 1686 proved in open court by the corporal oath of John Northam and ordered to be recorded.

Teste - Daniel Neech Clk. Cur.

Recorded - Daniel Neech Clk. Cur. Co. Northampton

Source:

Walczyk Frank V.  Northampton County Order & Wills) 1686 - 1689, Vol. 11. Coram NY: Peter's Row; pp. 24-28.