James Wood Esquire Governor of the Commonwealth of Virginia, to all to whom these presents shall come greeting: Know ye that in conformity with an inclusive survey bearing date the first day of December one thousand seven hundred and ninety five, there is granted by the said Commonwealth unto Andrew Scott a certain tract or parcel of land containing five hundred and four acres lying and being in the County of Rockbridge on a branch of Buffaloe Creek, adjoining the lands of Robert Kincaid, Samuel More, William Sheen and John Kirkpatrick two hundred and eight five acres part thereof formerly patented, the residue taken by Land Office Treasury Warrants Numbers eight thousand three hundred and eighty two, sixteen hundred and eighty four, & twenty two thousand two hundred and eleven and the whole bounded as followeth to wit; Beginning at a Beech, dogwood, white oak and Green (?) on the South East side of said branch corner to Robert Kincaid and himself, thence South thirty nine degrees west thirty nine poles crossing said branch to a black oak, thence south four degrees west eight poles to a walnut and dogwood South thirty five degrees west forty one poles to two Chesnut oaks and a hickory and locust on a Ridge thence up said ridge North seventy eight degrees West Sixty poles to a black oak and two white oaks thence North twenty four degrees East twenty poles to a small white oak said Kincaid's Corner, thence his line North sixty four degrees West eighty two poles to a black oak on the top of the big hill thence a new line North forty three degrees West thirty five poles to a Hickory & Walnut on William Sheens line, thence with said lines North twenty five degrees East twenty four poles to a Chesnut and Walnut Grub (?) North eight and a half degrees West fifty four poles to a large white oak on the top of a hill, thence along the top North thirty nine degrees East fifty six poles to a white oak by a path, thence new line North twenty degrees East forty tow poles to two Chesnut oaks, thence North twenty six degrees West forty seven poles to a Hickory white oak and black oak on the end of a Ridge, thence near the top of a Ridge North four degrees East Seventy two poles to six Chesnut oaks and a Locust near the head of a hollow, thence North thirty four degrees East eighteen poles to ten white oaks corner to John Kirkpatrick, thence with his line South sixty four degrees East forty six poles to a black oak North eighty and a half degrees East forty one poles to two Hickories, South fifty eight and a half degrees East eighty poles to two black oaks on the point of a ridge; thence down the same North Sixty Six and a half degrees East one hundred and thirty two poles crossing said branch to the Chesnut oaks on the top of the orchard hill on Bordens patent line, thence with said line South forty four and a half degrees East forty six poles to two black oak Grubs his own Corner, thence with his own lines South West sixty one poles to a white oak and black oak South East thirty two poles to a Chesnut oak, South West one hundred and twelve poles to a white oak Samuel Moores Corner thence with his line South twenty three and a half degrees West one hundred and twenty poles to two white oaks and black oak Grubs in Kincaids line thence with his line North forty eight degrees West twelve poles to the Beginning with its appurtenances to have and to hold the said tract or parcel of Land with its appurtenances to the said Andrew Scott and his heirs forever. In Witness whereof the said James Wood Esquire Governor of the Commonwealth of Virginia hath here unto set his hand and Caused the lesser Seal of the said Commonwealth to be affixed at Richmond on the twelfth day of April in the year of our Lord one thousand seven hundred and ninety Seven and of the Commonwealth the twenty first.NOTE: Rockbridge County lies between and within the Borden Grant (1756) and Dunlap's Fort (1756), with Buffalo Creek the dividing line. Beverley Manor (1736) lay north of Borden's Grant in the area of Harrisonburg in Rockingham County.
I, Andrew Scott, Sen. near the Town of Fairfield County of Rockbridge & State of Virginia being in health of Body, and perfect sound mind and memory, do make this my last Will & Testament, at the same time utterly revoking all former Wills & Testaments made by me and declaring this to be my last:
First I recommend my soul to God who gave it and my body to be decently interred at the discretion of my Executors.
Second I allow all my just and lawful debts to be paid out of my estate by my Executors.
Thirdly, should Isaac Gray cast my son Jesse Scott in a suit now depending and undetermined in the High Court of Chancery Holden at Staunton. The costs and expenses arising therefrom are to be discharged in full out of my Estate as the said suit was brought in His name for my benefit and he the said Jesse Scott took the management of the same at my request owing to my infirmities being too great to allow me to attend to it myself. And should the said Isaac Gray being a suit to recover any damages (allowing) he should gain the foregoing suit, any damages so recovered together with costs are to be discharged out of my Estate.
Fourth, I will and bequeath to my son Jesse Scott and his hears the Plantation now in his possession with all the appurtenances forever.
Fifth I will and bequeath to Aaron Beaty and Jane Beaty the Plantation now in their possession with all its appurtenances during their natural lives and at their decease to be equally divided between their four Children Viz. Nancy, John, William and Eleanor Beaty to have and share alike forever. I also bequeath to Nancy Beaty one chest of drawers left her by her Grandmother.
Sixth I will and bequeath to my son Robert Scott's daughter Nancy one Bed & Bedding.
Seventh I will and bequeath to Robert Scott's Daughter Elizabeth one Hundred Dollars to be paid to her by my son-in-law Aaron Beaty, payable in five years after my decease.
Eighth I will and bequeath to my son Jesse Scott Two Hundred Dollars to be paid to him by my son-in-law Aaron Beaty payable in four years after my decease.
Ninth I will and bequeath to my son Andrew Scott's three children viz Polly, William and David one dollar each.
Tenth I will and bequeath that all the store goods now on hand together with what bonds and accts are now due to me or may become due to me Hereafter together with what personal property not otherwise disposed of I may be possessed of at my death to my son Jesse Scott for six years thereafter. But it will be optionary with him to have a division of the same at my decease if He think proper or otherwise at the end of six years. In the following manner, viz. one fifth to Aaron Beaty and Jane Beaty and the heirs of Jane Beaty and the remainder to be equally divided between Jesse Scott and Robert Scott and their Heirs.
Eleventh I will and bequeath to my son Jesse Scott's son Andrew Scott the Half acre lot in Fairfield on which I formerly lived with the improvements thereon forever and of which He shall pay unto Robert Scott's son Andrew Franklin one Hundred Dollars and to Jesse Scott's Daughter Mary one Hundred Dollars to be paid when He the said Andrew Scott becomes of age.
Twelfth I will and bequeath to my son Jesse Scott's Daughter Mary one Bed & Bedding, one Cupboard and furniture, also kitchen furniture, also one Breakfast table, one spinning wheel, one other small Table together with 1/2 dozen Windsor chairs.
I constitute and appoint my son Jesse Scott and Col. James McDowell my whole and sole Executors to this my last will and Testament.
Witnessed by: Tho. Keenan, David Taylor, Wm. Cash
At Rockbridge County Court April 5th 1824
This writing purporting to be the last will and testament of Andrew Scott Senr. dec'd was produced in court, proved by the oath of David Taylor as a subscribing witness and continued for further proof.
And at a court held for said county May the 3rd 1824
This writing was further proved by the oath of William Cash a subscribing witness thereto and ordered to be recorded. And on the motion of Jesse Scott one of the executors named in said will who made oath according to law and together with John H. Hyde, William Houston and John Laird his securities entered into bond in the sum of Five thousand dollars conditioned as the law directs. Certificate is granted him for obtaining probate thereof in due form. James McDowell the other executor named in said will refused in open court to take upon himself the burden of the execution thereof.
Andrew and Nancy Scott are buried in McDowell Cemetery, on Rte. 11 south of Fairfield, VA and north of Timber Ridge Church. The cemetery is visible from the highway and is enclosed by a brick wall. In May 2000, it was very overgrown and both Andrew and Nancy Scott's tombstones were very difficult to read. The transcriptions are from Aunt Jessie's notes.
In Memory of