old writing with quill pen.
Gabriel Ferrel Legacy
Will of William Tosh 1772
last will and testiment

 

(Copied with spelling as written)
August 19, 1987 F030,695
Botetourt County, Virginia Wills - 1770-1824
26 December 1772
In the name of God amane I William Tosh of Botetourt County in the colony of Virginia being very sick and weak in body but of perfect mind and memory thanks be to God calling to mind the mortality of my body and knowing that it is appointed for all men once to die 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 to God that give it and my body I recommend to the earth to buriel in a Christian Buriel nothing douting but at the general resurrection I shall receve the same again by the mighty power of God and as touching such worldly Estate where with it has pleased God to bless me in this life I give demise and dispose of the same in the following manner and form. First my will and desire is that the plantation whereon I now live joining lines on the lower end ofThomas Toshis [Tosh's] land on the Rownask [Roanoke?] River shall be sold and the money arising by such sail to be equily divided between my two brothers Jonathan and James Tosh. Secondly my will is that the plantation that was purchased from John Robison my brother Jonathan shall lay a vallue thereon and my brother James to have his choice whether to take the plantation and pay my brother Jonathan half the value or to take half the value that my brother Jonathan laid on the plantation. Thirdly my will is that all my just debts and Funeral Expence s be paid out of my personal Estate and the remainder to be equely devided between my two brothers Jonathan and James and my sister Jean and also to be paid Twenty pounds out of my Rail Estate to my sister Jean. Fourthly I make ordain and appoint John Bowman, Jonathan Tosh my brother and James Alexander the sale executers of this my last will and testament and that the said executers have full power and authority to make a good and lawful right in fee simple to the purchasers. And I do hereby utterly disallow Revoke and and disannull all and every other former testaments, wills legacies bequests and Executors by me in any ways before named willed and bequethed rattifying and confirming this my last will and testament in witness whereof 1have hereunto set my hand and seal this 26th
day of December 1772.


Sin'd Seal 'd published pronounc'd and decleared by the said William Tosh as his last will and testament in the presents of us who in his presents and in the presents of each other have herewith sub scribed our names.
William Tosh
Robt McElheny [?]
Francis McElheny
Jas [?] W. Heachy [?]
John Edger
Margaret Edgar (her mark)
Joseph Mason
At a court held for Botetourt County the 9th day of February 1773 this instrument of writing purporting to be the last will and testament of William Tosh deceased was presented in court by John Bowman, Jonathan Tosh and James Alexander Extors . herein named and proved by the oathes of Robert McElheny and James McHecheay the witn esses herein named and ordered to be recorded and on the motion [?] the said John Bowman, Jonathan Tosh, and James Alexander who make oath according to law certificates is granted them for obtaining a probate whereof in due form whereupon they entered into and ackownledge bond in the sum of one thousand pounds according to law with William Preston, Samuel Davies and Joseph Davies their securities.
Teste David May DC
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