Jacob Fry - Will

Submitted by Dick Rush

Will of Jacob Fry
Will Book 9, page 351-2; Frederick County Virginia
Dated 25 Feb 1805; Filed Frederick County Virginia 1 Feb 1808

I Jacob Frye of the County of Frederick and state of Virginia do make this my last Will and Testament. First It is my will and desire that my executors herein after named pay all my Just debts and funeral expenses as soon after my decease as they can. It is my Will and desire that my beloved wife Molly Frye shall continue to live in the house I now occupy (should she out live me) And that she shall remain in the possession of all my moveable estate during her natural life and after her decease to be sold by my executors and divided as herein after directed – I Give and bequeath to my beloved son Joseph Fry and his heirs the following tracts of parcels of land to wit the tract on were I now live containing one hundred acres conveyed to me by Abraham Fry one other tract containing on hundred and eighty two acres conveyed to me by Isaac Lane and also seventy one acres part of a tract of two hundred and seventy one acres granted to me by Patent from proprietors office to be laid off as to include the field adjoining Crondsons (sp) mill, Race(?) and my meadow on the othe (?) other side of the creek before the house. In consideration whereof I Will and direct that my said son Joseph Fry shall pay or cause to paid to my grandchildren John Frye and Leah _______ children of my son John Frye deceased the sum of one hundred dollars each in six annual payments; to my daughter Elizabeth Keller (Kellar) wife of John Keller the sum of two hundred dollars in six equal annual payments; to my daughter Christana Jamison (sp) wife of Abraham Jamison (sp) the sum of two hundred dollars in six equal annual payments; to my daughter Polly Chrisman wife of Abraham Chrisman the sum of two hundred dollars paid in six equal annual payments; To my daughter Catherine the wife of Isaac Frye the sum of two hundred dollars in six equal annual payments / the said several payments amounting the whole to the sum of two hundred dollars annually which the said Joseph Frye is to pay them their heirs or assigns the first payment to commence one year after my death or the death of my wife which ever shall live the longest. It is further my Will that if my said wife shall live longer than myself that my said son Joseph Frye shall give yearly and every year one full third part of the grain Hay ____ and apples that shall grow on the on the lands willed to him and haul the same and also cut an haul what firewood she may want during her natural life. I likewise will and direct that the reside of the said tract of land / of the two hundred and seventy-one acres containing two hundred acres be sold by my Executors as soon as may be after my decease for the best price that can be had for the same in such ________ as they think best ____ ______ the same to the _______  __ purchases and out of the proceeds of such sale first pay to my said grandchildren John & Leah the sum of the ten pounds each; to my said daughter Elizabeth the sum of twenty pounds; to my said son William twenty pounds; to my said daughter Christana the sum of twenty poundsand to my said daughter Catherine twenty pounds / to them and their heirs / to make them equal With my son Jacob who has already received Eighty pounds and my daughter Polly Chrisman who has already received twenty pounds which with the sixty pounds my son Joseph is to pay her will make her equal to the eighty pounds / and the balance therefore to be equally divided into seven shares and one to be paid to my said grandchildren; one other share to be paid to my daughter Elizabeth Keller; one other share to be paid to my son William Fry; one other share to be paid to my daughter Christana Jamison; one other share to be paid to my son Jacob Frye; one other share to be paid to my daughter Polly Chrisman; one other share to be paid to my daughter Catherine Frye; their heirs or assigns. I also Will and direct that my personal estate after my decease and the death of my said wife / if she out lives me / be sold by my Executors and after paying all expenses that they divide the balance into seven equal shares and pay the amount of one share to my said grandchildren; one other share to be paid to my daughter Elizabeth Keller; one other share to be paid to my son William Fry; one other share to be paid to my daughter Christana Jamison; one other share to be paid to my son Jacob Frye; one other share to be paid to my daughter Polly Chrisman; the remaining share to be paid to my daughter Catherine Frye; their heirs or assigns.
I do hereby appoint my trusty friends John Fry and Joseph Snapp Executors of this my last Will and Testament hereby revoking and disavowing all former Wills or Will by me heretofore made and confirming this and no other to be my last Will and Testament. In Witness to whereof I have hereunto set my hand and Test the twenty-five day of February one thousand eight hundred and five.
Signed sealed published
________ and declared
by the testor as ___ his
last will and testament
In presence of ……..
P. Williams
J. W. Baylis
Joseph Watson

At a court held in Frederick County the 1st day of February 1808 This Last Will and Testament of Jacob Frye deceased was proved by the oath of Joseph Watson a witness thereto and on the motion of John Frye and Joseph Snapp the Executors therein named who made oath thereto according to the law certificate is granted them for obtaining a probate thereof in due form giving security wherefrom they together with Thomas Fawcett (sp) ______ ______ _______ into and Acknowledged ________ the _______ of two thousand dollars conditioned for ______ and faithful administration of the said deceased’s estate.
And at a Court _______ held for this County Aforesaid the ___ of April 1815 is as _______ proved by the Oath of Phillips Williams witness there to and ordered to be recorded.

                                                                                                                        By the Court
                                                                                                                        I. Keith  CTC

 

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