Will of James Mays Sr. Botetourt
Co.,Va-1842-Probate 1853WB 1Pg 38-39
In the Name of God Amen, I ,
James Mays Senr. of the County of Botetourt Va: being of sound mind &
disposing memory do make & constitute this my solemn last will &
testament.
1st To my son John R. Mays & to my son James Mays Jur I do devise all my
tract of land on James River known as the old or lower place to be equally
divided between them: in fee simple to them & their heirs forever: and to my
son John R. Mays I will and bequeath my Negro Boy Arthur.
To my son James Mays Junr I give my Negro Boy Lewis to be held by him during his
life & then to his son Walter S Mays.
To my son Thomas Mays I do will & bequeath my Negro Woman Milly, also my
corner cupboard. To my Daughter Florence Ann Mays I will and bequeath my negro
girl Amanda my cherry tree Bureau, a horse of the value if Sixty Dollars to be
furnished out of the residue of my personal property not disposed of after my
funeral expenses, and just debts are paid. Also two cows and two calves,
it is also my will that she have the two beds & bedding which she now
claims & which I consider as belonging to her!
To my Son Joseph R. Mays I will & bequeath my negro Woman Janer also my tea
table and one half dozen Windser chairs.
To my Son Robert Mays I will and bequeath my Negro boy Samuel, my Negro girl
Margaret also my clock & painted chest- but in case my beloved wife Mary
should survive me it is my will that my property should be kept together, and
that she shall have the sole use during her life of all my estate both real
& personal.
If my son John R. Mays claim of my estate any back suits for the peice of land
given him by his grandfather Reid, then it is my will that as much be taken from
what I have given him.
My grandson John O Martin will be provided for out of lands of my wife Mary.
As to the residue of my estate personal, after my funeral expenses, just debts
& the horse to my daughter Florence Ann, before mentioned are paid it is my
will that the remainder be equally divided among between all my children.
Lastly, I do appoint my son John R. Mays & my son Joseph R. Mays to be
excutors of this my last will and testament: In witness whereof I have hereunto
set my hand and seal this ---- day of ---- in the year of our Lord one thousand
eight hundred and forty two.
James Mays (seal)
Signed and Sealed in the presence of us & each other
Charles B. Penn
John McCluer
Ja S. Allen
At Botetourt July Court 1853
This Instrument of writing purporting to be the last will and testament of James
Mays dec'd was this day exhibited in Court & proved by the oath of James S.
Allen a subscribing witness thereto, and it appearing to the Court that Charles
B. Penn another subscribing witness thereto has also departed this life Wm J.
Penn & Wm W, Boyd after being first duly sworn, testified that they were
acquainted with the hand writing of said Charles B. Penn & believe his
signature to said will to be genuine, and the said James S. Allen also testified
that he was well acquainted with the hand writing of said Charles B. Penn that
said Penn signed said Will as a witness in his presence & that he believed
his signature to said will as a witness to be genuine & therefore said will
is ordered to be recorded .
A Copy
Teste
Jno W Woltz- DClBC