A copy of this Will was given to me by Alicia Roundy Houston. I transcribed the Will and would greatly appreciate knowing about any errors in the transcription. A copy of the actual Will pages are also included sized to print on most standard printers. Leon Meyers------My homepage is Leon's Web Spot
BEGINNING OF TRANSCRIBED WILL TEXTCover (Click on "Cover" to see handwritten document)
Last Will & Testament of Andrew Capp
A Copy, Teste: (signed) Mary Ann Fadily-Deputy Clerk
Andrew Capp dec. & Will, March 1801, Recorded Will Book N5 Folio 418 andPage 1 (Click on "Page 1" to see handwritten document)
In the Name of God Amen, I, Andrew Capp of the County of Shenandoah, State of Virginia being sick and weak in Body, but of sound mind and disposing memory (for which I thank God) and calling to mind the Uncertainty of human Life, and being desireous to dispose of all such wordly Estate as It hath pleased God to bless me with, I give and bequeath the Same in Manner following, that is to say. I give and beqeath out of my Personal Estate to my beloved Wife Mary Elizabeth the following Articles for her use for her natural Life, to wit, the Choise of two Beds, one Cow, a Bay mare now three years old, two Hoggs, two Sheep, a Clock, a Family Bible, a hym Book and prayer Book of her own chusing, a Small Table, three Chairs, a Saddle & Bridle, one Chest of her Chusing one Spinning Wheel, the Choise of two Iron Potts, a Pewter Dish, two Pewter Basons, Six Pewter plates, one Dozn. Pewter Spoons, half a Dozn. Cups and Saucers, one Sett of Iron Ladles, three pair kifes and Forks, a quart Bottle, a Frying Pan, a Small Pan, a Stone Jugg, a Tea Kittle, a Coffee Pott, four Tin Pint Cups, one Tin quart measure, three Buckets and a Small tub, a Kitchen Cupboard, the Same that is now in the Kitchen in use and a Flax hackle. which said Articles it is my Will she shall have for her use during her Natural Life, and after her Death whatever may be, shall be appraised and sold at Auction, and the Money arising therefrom shall be equally divided amongst any Children herein after Named. The rest of my Personal Property I desire and it is my Will to be disposed of in the following manner, first to my Son John I give and bequeath for himself and his heirs for Ever, the Brown horse he now generally Rides, two pair of Iron Traces, one collar, a Plough with Utensils, an Ax to cut wood, a Corn hoe, a Chest, three Bread Baskets, one Heffer, two sheep, two Hoggs. To my son Jacob, I give and beqeath for himself and his heirs for ever, The Mare he now generally Rides, two pair of Iron Traces, one Collar, a Plough with Utensils, an Ax to cut wood, a Corn hoe, a Chest, three Bread Baskets, one Heiffer, two sheep, two Hoggs. To my Daughter Elizabeth I give and bequeath for herself and her heirs for ever, One Bed double Cloathing compleat, one Chest, two Iron Potts, one Frying Pan, one Small Pan, one Sett of Iron Ladles, one Pewter Dish, one Pewter Bason, three Pewter Plates, one Coffe Pott, three Tin Cups, half a Dozn. Cups and Saucers, one Washing Tub, three Bread Baskets, one Spinning Wheel, one Bucket, one Cow, two Hoggs, two Sheep. To my Daughter Eve I give and bequeath for herself and her heirs forever, One Bed double Cloathing Compleat, one Chest, two Iron Potts, one Frying Pan, one small Pan, one Sett of Iron Ladles, one Pewter Dish, one Pewter Bason, three Pewter Plates, one Coffe Pott, three Tin Cups, half a Dozn. Cups and Saucers, one Washing Tub, three Bread Baskets, one Spinning Wheel, one Bucket, one Cow, two Hoggs and two Sheep. The rest of my Personal Estate shall after my Death as Soon as conveniently may be, be Appraised and Sold at Public Auction, and out ofPage 2 (Click on "Page 2" to see handwritten document)
the Moneys arising therefrom, all my just debts and funeral Expenses be paid, and should any of those Articles bequeathed to my Son John, my Son Jacob, and my Daughters Elizabeth and Eve before mentioned not be found amongst my Personal Property, they shall be furnished with the Same out of the Money arising from the Sales of said property, the remainder of said Money shall be equally devided amongst all my Children share and share alike. As concerning my real Estate it is my Will that all my Freehold Messuage and Tenement, consisting of the Plantation or Place I now Live on, together with all houses xc. and Appurtenances whatsoever Shall be the whole and Sole Property of my two Sons John and Jacob and their heirs for ever upon Condisns following, that is to say it shall be equally devided amongst them, but my Son Jacob is to keep the dwelling house I now live in with out houses xc., but then he shall help my son John to build a Barn on his share of Land of the size of the old Barn now on the Premises, and it is my Will that each of them shall give to my beloved Wife Mary Elizabeth the thirds of every thing they raise for her use, the grain to be delivered to her thrashed and cleansed by the Bushel, the Flax and hemp hackeld, and other Produce as Customary, which said thirds she shall Enjoy during the whole of her natural Life, She shall likewise have so much share in the garden as she may make use of, and as I have Valued the whole of my real Estate at Seven Hundred Pounds Virga. Money, it is my will that my two Sons John and Jacob aforementioned shall after my Death, and after the Death of my Wife pay to the rest of my Children as Legacies each of them one hundred Pounds good and Lawful Money of Virginia in manner following, first to my son George one hundred Pounds, 2nd to my Son Michal one hundred Pounds, 3rd to my Daughter Mary one hundred pounds, 4th To my Daughter Elizabeth one hundred Pounds and, 5th To my Daughter Eve one hundred Pounds, which together makes Five hundred Pounds, of which John shall pay Two hundred and Fifty, and Jacob Two hundred and Fifty Pounds, which said Legacies Shall be paid to my Five Children before mentioned by enstallments as follows, that is to say, My Sons John and Jacob shall each of them pay yearly Twenty five Pounds, beginning the first year after the Death of my Wife, the Payment of Twenty Five Pounds each, together Fifty Pounds shall be paid to my sons George and Michal, the next payment to my Daughters Mary and Elizabeth, the third Payment Twenty Five Pounds to my Daughter Eve, and the other Twenty five Pounds shallPage 3 (Click on "Page 3" to see handwritten document)
be equally devided amonst my five Children afore mentioned each of them Five Pounds, in which manner they shall continue untill the whole is paid. But it is my will that after the Death of my Wife they shall give their Bonds respectively for the yearly Payment of said Legaceis, All the rest of my Estate both real and Personal of what nature and kind soever may be, not herein before particular disposed of, I desire to be equally devided among my several Children herein before named. And Lastly I do hereby constitute and appoint my Friend John Nicholas Dull and my son George executors of this my last will and Testament hereby revoking all other or former wills by me heretofore made. In witness whereof I have hereunto set my hand and Seal this Twenty first Day of October in the Year of our Lord One thousand Eight hundred.
Andrew (his X mark) Capp
Signed, Sealed, published and declared as and for the last Will and Testament of the above named Andrew Capp in presence of us
???? Josiah Doll (I cannot transcribe the 1st given name and not sure of the middle and surname)
Jacob Huttel Jr.
At a court held for the County of Shenandoah on Monday the 9th day of March 1801 This last will and testament of Andrew Capp deceased was exhibited to the Court and proved by the oath of Daniel Hottle and the affermation of Jacob Hottle Junior witnesses thereto and ordered to be recorded the executors thereon named refusing to qualify and take upon themselves the burden of the Execution thereof, on motion of John Copp and Jacob Copp who made oath and gave bond with security according to law administration of the said decedants estate with this Will annexed is granted them. Teste T. C. Williams CTSC
END OF TRANSCRIBED WILL