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Franklin County, Virginia
Will Book 1, pages 69-70
In the name of God Amen. I Walter Maxey of Franklin County, being of sound and perfect memory thanks to almighty God for it, do make and ordain this my last will and Testament in manner and form following. I recommend my soul to God who gave it hoping through the merits of my Saviour Jesus Christ to receive pardon and forgiveness for all my sins. My body I desire it to be decently buried at the descrition of Executors hereafter named and as for my Estate that it hath pleased God to bless me with in this world, I dispose of in the following manner and form.
Item, I give unto my son Josiah Maxey two hundred acres of land whereon he now lives lying on Black Water and being in the County of Franklin.
I give unto my son-in-law John Craghead two hundred acres of land whereon he now lives being in the County of Franklin lying on Black Water.
I give to my daughter Lucy Cowden after my wife's death, the bed that I lent her which she has now in possession, that is after my wife's decease.
To Susannah Sullivan my daughter, I give one bed that is to say that she has now in possession to be her own property after the decease of my wife.
I give to my son-in-law John Craighead the bed I lent to my daughter Jane Craghead.
I give to my daughter Ester Camp the bed that I lent her which she has now in her keeping.
Item, I lend to my beloved wife Mary Maxey my whole Estate real and personal (except the above mentioned things already given) during her natural life or widowhood and after her death to be equally divided among my children Jesse Maxey, Walter Maxey, Josiah Maxey, Jeremiah Maxey, Mary Adde Lucy Cowden, Susannah Sullivan, Ester Camp and likewise John Craghead's children that he had by his first wife Jane to have equal share with one of my children.
Item, I give to my granddaughter Mary Craghead one cow and calf.
Item, I do ordain, constitute and appoint Josiah Maxey and Jeremiah Maxey my whole and soul Executors of this my Last Will and Testament in witness whereof I the said Walter Maxey have set my hand and seal this fifth day of March in the year of our Lord one thousand seven hundred and ninety one. Sealed, signed and delivered by the said Walter Maxey as and for his Last Will and Testament and one other in the presents of
John Maxey
Barnebus Maxey
Walter Maxey
Jonathan Barnard
(At a Court held for Franklin County September 1791, the will and testament was produced in court by Josiah Maxey and Jeremiah Maxey the executors therein named and proved by the oaths of John Maxey, Barnabas Maxey and Jonathan Bernard, witnesses thereto subscribed and ordered to be recorded. And on the motion of Walter Maxey one of the Executors therein named who made oath thereto certificate is granted him for obtaining probate thereof in due from the other Executors refusing to join in the probate thereof.)