In the name of God amen
I Frances Ervin of Augusta County being now under bodily affliction but perfect in mind and memory thanks to almighty God who gave it and calling to mind the uncertainty of life and the certainty of death it being appointed for all men to die and after death the judgment. I do hereby make this my Last will and testament in the manner and form following and first I recommend my soul to God who gave it and my Body to the earth from whence it was taken to be buried in a Christian descent manner at the discretion of my Executors hereafter named as for wordly good it hath pleased God to bestow upon me in this life it is my will and desire it be disposed as follows and first I allow all my just debts together with my funeral charges to be discharged as soon as possible after my decease. I leave and bequeath to my beloved wife Jean my dwelling house the use of the spring likewise the one third of my whole of my lands together with one half of my household furniture and her choice of one of the old negro wenches and a young wench named Eney. If any of the old wenches should die she is to have the surviving one and her choice of one or tow of my horses all to be disposed of by her at her decease except the land and a young wench before mentioned named Eamey I allow my daughter Susanna to have her at my wife decease. I allow my wife to keep as much of the cattle and sheep and hoggs as will be necessary for the family support and as for my real estate to wit my land I leave and bequeath them unto my three sons John & William & Francis to be equally divided among them and their heirs forever them allowing their mother her third as before mentioned and I allow my daughter Francess to get my young wench named Ester at my decease and to be made equal in fortune to her elder sister Jean out of my moveable property. I allow Susanna to get another young wench named Sarah by name and to be made equal in fortune to her former mentioned sisters at or upon my decease and if my sons should see proper to sell the before mentioned lands at their Mothers decease in order to make an equal division I allow them to pay their two sisters now in celibacy the sum of fifty pounds to each that is to Frances and Susanna and the remainder of the said lands price to be equally divided among my three sons as before mentioned and I allow my son John to get a young negro boy named Sam and likewise my son William I allow to get a young negro named James. I allow my daughter Elizabeth Nickel now married a negro boy name Mose and likewise I allow my daughter Mary Ervin married to get a negro boy named Peter and I allow my daughter Jean Ervin married the sum of twenty shillings out of my moveable property and as for the remaining aold negroes old Antiny and Cube and other old wench I allow to be kept on the Plantation for the support of the family. I allow the remainder of my personable estate together with the three old negroes mentioned to be equally divided between my wife Jean and mother three sons John, William, Frances. My wife's part I allow her to have the privilege of disposing of the same at her decease to whom she see proper as before mentioned and I do hereby nominate constitute and appoint my well beloved son John Ervin and WIlliam Ervin executors of this my last will and testament and I do hereby revoke disannul and disallow of all wills heretofore made whether by work or writing approving ratifying and confirming this only as my last will and testament and in witness whereof I have hereunto set my hand and seal this fifth day of August the year one thousand and seven hundred and ninety one.
Witnesses present James Young, Robert Curry, Alexander Curry
At a Court held for Augusta County October 18th 1792
This last will and testament of Francis Erwin deceased was presented in Court and proved by the Oaths of James Young and Robert Curry two of the witnesses thereto and ordered to be recorded.
In the name of God Amen
I Jane Erwin widow of the County of Augusta and State of Virginia being far advanced in years and knowing that it is appointed for all men once to die do make this my last will and testament in manner and form following, that is to say
1st it is my desire that my executors hereafter named shall have me buried in a decent and Christian like manner
2ndly after the payment of my debts and funeral expenses I desire that the goods it hath pleased God to bestow on me in this life be disposed of in the following manner amongst my children to be enjoyed by them forever.
3rdly I give to my daughter Elizabeth Nichols the sum of ten shillings as her full share of my estate
5thly I give to my daughter Jane Erwin the sum of ten shillings as her full share of my estate
6thly I give to my daughter Fanny Allen the sum of ten shillings as her full share of my estate
7thly I give to my sons William and Francis Erwin my lands being part of the tract they now live on as there full share of my estate to be equally divided between them and their heirs forever.
8thly I give to my daughter Susanna Erwin my three negros Rose, George, Frances likewise my stock of cattle, sheep, and hogs also my household furniture and the remainder of my debts that will be due after paying the above expenses, debts and legacies and all the rest of my estate of what nature or kind so ever not herein before particularly disposed of to her and her heirs executors or administrators and assignees forever and lastly I do hereby constitute and appoint my friends William Miller executor of this my last will and testamenthereby revoking all other or former wills or testaments by me heretofore made. In witness whereof I have hereunto set my hand and affixed my seal this 11th day December in the year of our Lord eight hundred and four.
Signed sealed published and declared as and for the last will and testament of the above named Jane Erwin in presence of Saml. Miller, Nancy G. Miller, William Miller.
At a court held for Augusta County January the 26th 1807
This last will and testament of Jane Erwin dec'd was proved by the oath of Samuel Miller witness thereto.
At a court held for the said County, March the 23rd 1807
This last will and testament was further proved and ordered to be recorded, and on the oath of William Miller the executor therein named who made oath according to law, and together with William and Francis Erwin his securities entered into and acknowledged their bond in the penalty of two thousand dollars conditioned as the law directs, certificate is granted him for obtaining a probate thereof in due form.