Frederick W. B. 4: 583
Will dated November 8, 1777
Codicil dated November 27, 1779
Proved May 5, 1782.
I, the Right Honourable Thomas Lord Fairfax, Baron of Cameron
in that part of Great Britain called Scotland and Proprietor of the Northern
Neck of Virginia.
I give and devise all that my undivided sixth part or share of
my lands and Plantations in the colony of Virginia, commonly called or known by
the name of the Northern Neck of Virginia, with the several advowsons, and the
right of presentations thereto belonging or appertaining, I have therein, with
the messuages and tenements, buildings, hereditaments. and all other
appurtenances thereto belonging; all or any part whereof being formerly the
estate of the Honourable Alexander Culpeper, Esquire, deceased; Together with
all other lands and tenements I have, am possessed of, or have a right to in the
said colony of Virginia, to the Reverend Mr. Denny Martin, my nephew, now of the
County of Kent in Great Britain, to him, his heirs and assigns forever, if he
the said Denny Martin should be alive at the time of my death:
But in case he should not, then I give and devise the same and
every part and parcel thereof to Thomas Bryan Martin, Esquire, his next brother
now living with me, to him, his heirs and assigns forever; and in case of his
death before me,
Then I give and devise the same and
every part and parcel thereof to my other nephew, Philip Martin, Esquire,
brother to the aforementioned Denny and Thomas, and to his heirs and assigns
forever,
Provided Always that the said Denny
Martin if alive at the time of my decease, or in case of his death, the said
Thomas Bryan Martin, if he should be alive at the time of my decease; or in case
of both their deaths the said Philip Martin, if he should be alive at the time
of my decease, shall pay or cause to be paid to my nieces, Frances Martin,
Sybilla Martin and Anna Susanna Martin, and to each and every of them that shall
be living at the time of my decease, an Annuity of one hundred pounds sterling
during their and each of their natural lives and
[Provided] further that the said
Denny or he to whom the said sixth part of the said Northern Neck shall pass by
this my will shall procure an Act of Parliament to pass to take upon him the
name of Fairfax and coat of arms.
To Thomas Bryan Martin 600 acres purchased of John Borden, and
all stock of cattle, sheep, horses, implements of husbandry, household goods and
furniture on 'the Farm or plantation whereon I now live called Greenway Court.'
To nephews Denny, Thomas Bryan and Philip, all negro slaves. To brother 'the
honourable Robert Fairfax, Esq.' £500; reciting previous advance of 'a
considerable pecuniary legacy' bequeathed to him by will now cancelled. To
sister Frances Martin £500. Remainder to 'my elder nephew the aforesaid Rev'd
Denny Martin.'
Executors: Thomas, Bryan Martin, Peter Hog, Gabriel Jones. To
last two 500 pounds 'current money of Virginia, apiece.' Estate to be
inventoried but not appraised.
Witnesses: John Hite, Angus McDonald, Richard Rigg, John
Legarde, Thomas Smythers.
Republished October 5, 1778, in presence of Isaac Zane, Daniel
Field.
Codicil: To Bryan Fairfax [later eighth Lord Fairfax] one
fourth of negro slaves. To 'the second child of the aforesaid Bryan Fairfax
during his or her natural life' annuity of £100 effective after death of Frances
Martin. To the 'third' and 'fourth' children of Bryan Fairfax like annuities
after the deaths of Sibylla and Anna Susanna Martin respectively. To Peter Hog
and Gabriel Jones £500 sterling in lieu of previous legacy of 'current money'
Witnesses: Robert Mackey, Peter Catlett, John Sherman
Woodcock, John Hite.
Proved by Thomas Bryan Martin and Gabriel Jones, surviving
executors.