Joseph Frye - Will

Submitted by Dick Rush

Will of Joseph Frye
Will Book 28, page 113-114; Frederick County Virginia
Dated 8 April 1866; Filed Frederick County Virginia 29 April 1866

I, Joseph Frye of Frederick County Virginia, do make my last will as follows:
1) I direct that my just debts and funeral expenses and charges of administration be paid
 by my executors out of my personal estate.
2) I direct that my executors shall procure suitable tombstones for the graves of my decd
wives and myself.
3) I direct that my executors shall, as soon as they think best after my death, sell my cedar
creek farm as on such term of sale as they may think best and divide into three equal shares and pay one third thereof to my daughter Mary Magdaline Richards, one third to the descendants of Drisilla Snapp, to take in the proportions that they would take under the statute of distributions, and the other third to the descendants of my daughter Rachel Burngardner to take in the proportions that they would take under the statute of distributions.
4) I give to my daughter Elizabeth Williams fifty dollars and to my daughter Judith B.
Snapp twenty-five dollars. I give these no more of my estate because I have already given them property.
5) I direct that my home farm** shall be equally divided between my two sons Eli J. Fry,
and Joseph H. Fry, to who I give the same; but if my son Joseph H. Fry shall die without _____ living at his death, his half of the farm is then to pass to my son Eli J. Fry if living, or if he be dead to his descendants in t he same proportions, as if it belonged to him and he died intestate, and if said Eli J. Fry shall leave no descendants to pass to the heirs at law of Joseph H. Fry.
6) I give the rest of my estate to my sons Eli J. Fry and Joseph H. Fry to be divided
equally between them. But they are to take good care of me so long as I live, and are not to be allowed any charges for so doing against my estate.
7) I appoint my sons Eli J. Fry & Joseph H. Fry and my nephew J. Bean Fry executors of
this my will, and revoke all other will by me made.
In witness whereof I have herewith set my hand and seal this 5th day of April 1866.

Signed and acknowledged by this testor                                                his
as his last will, in out presence, who in the                                  Joseph  X   Fry 
presence of the testor, and at his request                                              mark
and in the presence of each other, have
subscribed our names as witness thereto.
                        Josiah Keckley
                    William Rosenberger

Frederick County towit:                                                                        July Tevist Hale
                                    The Last will and Testament of Joseph Fry decd – was produced in County & proven by the oaths of Josiah Keckley & Wm Rosenberger subscribing witnesses thereto & ordered to be recorded. Eli Fry & Jos. H. Fry two of the executors names in said will in open Court refused to qualify executors thereof. On motion of J. Bean another of the executors named in said will, certificate for obtaining a probate thereof in due form is granted him, whereupon he with Eli Fry & Jos. H. Fry as sureties entered into & severally acknowledged bond in the penalty of five thousand dollars ($5000) conditioned according to law & took the oath prescribed by law.
                                                By the County,
                                                                        CWGililensble
                                                            Commissioner’s Office
                                                                                    April 29, 1866

** The home farm was where Joseph and his wife Catherine lived. It was a tract of 237 acres that Joseph purchased on March 1, 1813 from the executors of Isaac Zane1 for $250 [Frederick County Deed Book 35, pages 33-36]. According to the deed the land adjoined the property of Jacob Cackly’s heirs and spanned several branches of “Hog Creek”. The property was on the west side of the present Route 600 about two miles north of St. John’s Church near the old Kackley homestead. SOURCE: The Fry(e) s of Cedar Creek; Donald W. Kearney 10/01/84, rev. 08/22/87 from the Fry manuscripts at Stuart Bell Jr. Achieves at Handley Library.

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