James Hurst, Sr. will, 1828/1829 of Fairfax Co., Virginia and Jefferson Co. (West) Virginia; formerly Berkeley Co., (West) Virginia Jefferson Co., Va. Wills 6:71-74. Probated 16 February 1829. --------------------- In the name of God Amen. I James Hurst Sr. of Jefferson County and State of Virginia do make and ordain this my last Will and Testament revoking all others. In the first place I direct all my just debts to be paid immediately. Item 1st. I give and bequeath to my son JOHN HURST and his heirs forever all that tract of land I purchased of John Hurshey also including the land purchased of George Washington and a late survey made by myself. Item. I give and bequeath to my son PETER HURST and his heirs forever all that tract of land I purchased [of] Uriah Blue also the two pieces or parcels of land purchased of the Executors of Adam L. Dandridge dec.d. Item. I give and bequeath to my son HENRY HURST two hundred Acres of land a part of the Sugar tree glade farm it being formerly the land of Ferdinando Fairfax and sold by a decree of the Chancery Court at Staunton to be laid off so as to include the buildings and an equal proportion of the timber. The balance or remainder of said Tract (the Sugar tree glade farm) I direct to be sold by my executors hereafter to be named either for cash or credit as they or either of them may think best and the proceeds thereof to be equally divided between my sons WILLIAM HURST’S children to wit; JOHN and JAMES HURST, HARRIET OBANNON, WILLIAM and MINOR HURST and their heirs. Item. I give and bequeath to my son James Hurst, to him and his heirs forever all the land I now hold that I purchased of Joseph Hite Sr. (having conveyed a part of said land to my son John Hurst) I further give to my son JAMES HURST a small part of the So. West corner of the land I now live on beginning at a large White oak marked I. H. with a knife in or near the line between James Hite and myself and running from thence South 48o E 8 4/10 poles to a Walnut (marked) thence S 83o E59 poles to a stake thence S 19o W 70 5/10 poles to a walnut thence North 66o 15’ West 38 4/10 poles to a large Black oak tree and white oak Saplin [sic] thence a straight line to a stone near a marked locust and ash corner to John Hurst and myself thence with John Hursts line to a stone in the original line between the track [sic] purchased of Joseph Hite and my home tract, thence to the corner of James Hite and formily [sic] Joseph Hite’s land in my line, thence to continue the same course to the beginning. Upon the following condition that he the said James Hurst is to pay at the rate of twenty Dollars per acre for all the land in this the last devise and contained in the above boundaries which sum he is to pay in four equal annual instalments [sic] without interest to be paid over to my Executors hereafter named which sum by them is to be divided among all my heirs of which one share is to be paid to my son JAMES HURST and one share to my son WILLIAM HURST’S children and one share to be paid to my daughter FANNY’S children. Item. I further give to my son JOHN HURST and his heirs forever the south end of the place I now live on beginning at the large black oak tree and white oak sapling marked and designated in a previous clause as a corner to the lot given to my son JAMES HURST taken from the home farm and running with the fence keeping the same on the left hand to a walnut, thence across the field to a stake thence over the fence in the edge of the woods keeping the fence close to the right hand and following the same and running several courses to a small white oak sapling marked with a knife and a large black oak tree marked with an ax thence across the said tract of land with a division fence on the left hand to a pile of rocks in the lane and on the line between Samuel Davenport and myself thence South with said Davenports line running several courses to a corner between Sd. Davenport and myself in the line of the tract purchased by myself of John Hershey, and thence with that line to a corner of the tract aforenamed James Coyle and myself thence with James James [sic] Coyle’s line to a corner between James Coyle & John Hurst & myself and thence to a stone near a marked locust and ash corner to my son JOHN HURST and myself and thence to the beginning on the following condition, that the said John Hurst is to pay at the rate of twenty Dollars per acre for all the land included within the above boundaries which sum he is to pay in four equal annual instalments [sic] without interest to be paid over to my Executors hereinafter to be named which sum by them is to be divided among all my heirs of which one share is to be paid to my son JOHN HURST one share is to be paid to my son WILLIAM HURST’S children, and one share to be paid to my daughter FANNY’S children. Item. I give all the residue or balance of the home place including the land purchased of James Hite together with the buildings to my daughters CATY HURST and HANNAH HURST for and during their life but if either should marry her right immediately ceases or at the death of either the other is to have full possession, but should both marry or at the death of both my daughters CATY and HANNAH as aforenamed , I give unto my son JOHN HURST and his heirs forever all of that tract or parcel of land as above described on the following condition for which he the said John Hurst is to pay at the rate of twenty Dollars per acre in four equal annual instalments [sic] to be paid over to my Executors hereafter to be named which sum by them is to be paid over to my heirs in equal parts of which one share is to be paid to my [son] JOHN HURST and one share to my son WILLIAM HURST’S children and one share to my daughter FANNY’s children. Item. I give and bequeath unto my daughter CATY HURST my clock and one negro man named Tom one negro woman named Epelina one [blank] her choice of all my house and two thousand Dollars to be paid her so soon as assetts [sic]. I further give to my daughters CATY and HANNAH HURST all my household and kitchen furniture together with the contents of the cellar. I give and bequeath unto my daughter AMELIA now called AMELIA STANHOPE one negro boy named Henry one negro girl named Emily and a tract of land situated and lying on Shannon’s Run in the Counties of Woodford and Fayette and in the State of Kentucky which I purchased of David H. Allen and Sarah his wife by Deed bearing date June 8th 1824 (it being a part of larger tract conveyed to the late Griffin Taylor by Angus and John McDonald) all of which together with any Legacy she may hereafter be entitled to to be for her own use and disposal. The remainder or balance of all my property of every description either real or personal of which there there [sic] has been no disposal of is to be sold and the money to be equally divided among all of my heirs of which my daughter FANNY’s Children is to have one equal share and my son WILLIAMS children to have one equal share. And further should any dispute arise among my heirs about the distribution of my property or any part thereof the method of settling the difference between the parties so disputing, hereafter laid down shall be decisive. Should any or either one of my heirs feel himself herself or themselves aggrieved [sic] by the mismanagement or neglect of any of of [blank] or otherwise concerned my Will and direction is that the same shall be decided by three impartial and intelligent men known for their probity and good understanding the third man to be chosen by the two first selected one by each party contending before they proceed to any investigation which decision is to declare the sense of the testators intentions. And lastly I constitute and appoint my son JOHN HURST and my grandson JAMES G. HURST son of John Hurst my Executors and for their compensation as such I give them the sum of one hundred and fifty Dollars each and no more of this my last Will and Testament revoking all others. In Testimony hereof I set my hand and seal this twenty eighth day of October and in the year of our Lord Eighteen hundred and twenty eight. Acknowledged and James Hurst Sen (seal) Signed before Sam.l Davenport John G. Whittshire Benjamin Engle