This sixtenth day of December in the year of our
lord 1738. I James Cox
of St. Marks Parish in the County of Orange (VA) Being
very sick and weak
but in perfect mind and memory Thanks be given to God
Therefore, calling to mind the morbidity of my body and knowing that it
is appointed for all men once (toddle?): I do make and ordain this
my last will and testament: that is; to say principally and first of all
- I give and recommend my soul into the hand of God that gave it and for
my body I recommend it to the earth to be buried in a Christian like and
decent manner at the discretion of my executors nothing doubting+ but at
the general resurrection I shall receive that and again by the almighty
power of God, and as touching such worldly estate wherewith it hath pleased
God Almighty and in this life I give devise and dispose of the saved in
the following manner and form: Then* I give and bequeath to my youngest
son John Cox all that tract of land containing 200 acres with the plantation
and all, this __ whereon I now direct with 25 acres I purchased of
Edward Haley joining same tract on the other side of a branch that is today
?uopt? to where I now live is not yet acknowledged to me, to him and his
heirs forever. Then* I give and bequeath two hundred acres of land to my
son Francis Cox joining him, to the land of Andrew Harrisson and Capt Gwin
Sharpe and his heirs forever, It being part of a tract of five hundred
& eighty acres not yet patented Then* I give and bequeath to my son
James Cox two hundred acres joining to my son Francis to him and his heirs
forever, Then* I give and bequeath to my daughter Naomi Cox one hundred
& eighty acres joining to my son James being the remainder part of
the land tract to her and her heirs & assigns forever Then* I give
and bequeath to my eldest son William Cox one hundred fifty acres of land
lying in Hanover county on the land of the county & on both sides of
the branches of Lyreke? River to him and his heirs forever Then* I give
and
bequeath one hundred & fifty acres of land to my
son James Cox being part
of the same tract with my son William to him and his
heirs forever Then* I
give and bequeath to Henry Isbell three hundred acres
of land where the said Henry Isbell now lives on joining to the land of
Henry Rice and Capt Gwin and Richard Sharpe to him and his heirs forever
Then* I give and bequeath unto John Evans one hundred & twenty acres
of land whereon the said Evans now dwell being part of the land tract of
Henry Isbell to him and his heirs forever Then* I give and bequeath unto
Joseph Holder one hundred & ten acres of land being the remainder of
part of that tract of Henry Isbell & John Evans & adjoining Ismuel
Housley, to him and his heirs forever Then* I give and bequeath unto my
brother William Cox four hundred acres of land where said William Cox now
lives on provided that he pays unto my estate ninety pounds over? $money
within and worth? to him and his heirs forever and that he be & will
have to pay the interest of said land when it shall be demanded and if
he shall pay the balance of the money due for this land by the first day
of January one thousand seven hundred thirty nine but if my brother fails
to pay the several terms of money mentioned my executor to sell the said
land my brother William Cox now lives on by way of outcry, I allow my honorable?
executors to sell the? land above & the little mountain on the branches
of the Swift river belonging to me four hundred acres each tract to pay
for my debts Then* my desire is to leave my negro man David Dombo and all
other moveable estate to my beloved wife Elizabeth so long as she shall
remain a widow & if my wife shall decease before marriage I order it
to be equally divided amongst all my children I and? my? wife desires that
if either my son James or Francis or my daughter Naomi shall die before
they shall become to lawful age the lower lott of the five hundred &
eighty acres of land I give permission? to be sold and the money to be
put in to my estate and I desire my honorable charges be paid out of my
estate and I do hereby ordain William Waller Gout of Spotsylvania County
and my son William Cox and Elizabeth my wife my only and sole executors
of this my last will and testament and I order and by uttering this instrument
allow revoke and disanull all other testament & former wills and legacies
bequeaths and executors by me in any way before this time named and do
confirm this and order this being my last will and testament WITNESS
whereof I have now set my hand and seal this day and year above written.
MEMORANDUM and Elizabeth my wife _?___ before afore
said signed sealed and delivered Witnesses of
Henry Isbell,
Edward Haloy,
Henry Reed
Signed James Cox (SEAL)
At the court held for Orange County on
Thursday the 22nd day of February 1738?**
This last will and testament of James Cox deceased
was presented into
court by William Waller Gout ____ the executor ___ _____
who refused to hand the burden of the executorship and there were Elizabeth
the relic of ___
James Cox & William Cox the two other executors the
assigned will named with oath thereto according to law and being proved
by the oathes of Henry Reed and Henry Isbell two of the witnesses thereto
is admitted to record and on motion of Elizabeth and William Cox certificates
is granted therefore to
making a probate ___ ___ form
Signed Henry Willis Cl Ck
Explanations
The will was extremely difficult to decipher. The writter
likely William
Gout wrote with such a flair and after the document was
copied several
times it was even more difficult. Please suggest other
words or
interruptations.
* then or thence is legalese and may have been the word
used. Apparently
a swingle was used for paragraph separations and then
the above or
something equal to the period.
**1738 is shown, however, the will was prepared in December
and 1738
written out thus this must be 1739.
+ doubting “to waive in opinion; be undecided etc.“
toddle “to walk with short tottering steps, as a child“
