Know all men by these presents that we Clemens Ervin and Francis Stuart are held and firmly bound unto the Excellancy James Wood Esq. Governor of Virginia and his successors in the sum of one hundred and fifty dollars to the payment whereof well and truly to be made we do bind ourselves and heirs and each of our joint and several heirs executors and administrators jointly and severally by these presents sealed with our seals and dated the 2nd day of ?? December 1797 in the 22nd year of the Commonwealth. The condition of the above obligation is such that whereas there is a marriag shortly to be solmnized between that above Bound Clemons Ervin and Jean Stuart Daughter of the above bound Frances Stuart of Rockingham County if therefore there shall be no lawful cause to obstruct the said marriag then the obligation to be void, otherwise to remain in full force and virtue.
Signed J. Clements Erwin and Francis Stuart
James Barbour Esq. Governor of the Commonwealth of Virginia, to all to whom these presents shall come greeting: Know ye that in conformity with an inclusive survey bearing date the 8th day of February 1813, made in pursuance of an order of the worshipful the County Court of Rockingham here is granted by the said Commonwealth unto Jacob C. Erwin and Andrew Erwin a certain tract or parcel of land containing seven hundred and twenty one and one half acres; 94 acres a part thereof was formerly granted unto Andrew Erwin, by patents bearing date the 5th day of March 1747; 150 acres another part thereof was formerly granted to said Erwin, by patent bearing date the 20th day of September 1748; which said two tracts of land were devised by the last will and testament of said Erwin to his wife and his son Francis Erwin together upon certain contingencies therein expressed or in lieu thereof her dower right in said two tracts of land, after the decease of said wife the two tracts of land as aforesaid is devised to his said son Francis in fee simple bearing date the 30th day of May 1765; 230 acres another part thereof was formerly granted to Francis Erwin by grants bearing date the 1st day of March 1781, eight acres another part thereof was formerly granted to said Francis Erwin by grant bearing date the 16th day of June 1796; which said several tracts of land before recited were devised by the last will and testament of Francis Erwin deceased to his sons Jacob Clements Erwin and Andrew Erwin reserving to his wife Elizabeth Erwin for the term of her natural life on third part thereof excepting the land devised to his son Jacob C. Erwin, also reserving to his two daughters Rebecca and Ruth the provision therein specified in said will for their benefit bearing date the 13th day of November 1802, reference to said will more fully appear 32 ¾ acres another part of the tract hereby granted was surveyed for Jacob C. Erwin and Andrew Erwin the 21st of May 1812 by virtue of a Land Office Treasury Warrant No. 1017, issued the 24th of December 1794; the residue being 206 ¾ acres is taken by virtue of the aforesaid warrant No. 1017 issued as before recited, the whole of which said tract is bounded agreeably to said survey as follows to wit. Beginning at a large green pine and a fallen down pine on the west side of the glade corner to said 150 acre tract of land and crossing said glade south forty three degrees east and one hundred and sixty one poles along the division fence between Jacob C. Erwin and James Magill to two dead and one green pines (the original corner of said 150 acres) and a white oak sapling thence with the lines of the same and Magill's line south forty six degrees, west two hundred and sixty two poles passing his corner and the corner of Benjamin Erwin's inclusive survey and with the line of the same to a fallen down white oak, corner to said survey near a thorn bush in his field, north forty nine degrees, west eighty eight poles crossing the east branch of the glad through a spring to a large forked pine not quite half a pole south west of a black oak sapling north thirty degrees, east and one pole to a white oak sapling in a line of said 150 acres and said Benjamin Erwin's inclusive survey and corner to said 8 acre survey, north fifty three degrees, west six and one quarter poles to a pine corner to said inclusive survey and 8 acre survey thence with the line of said surveys, north twenty seven degrees, east and four poles to pine corner to said survey and the ninety four acre patented tract of land thence with a line of the same and the inclusive survey north forty nine degrees, west fifty one and an half poles to a pine corner to said inclusive survey and Samuel Erwin's inclusive survey thence with Samuel's survey north fifty one degrees, west one hundred and four and an half poles crossing the west fork of the glade and the great road to two pines on the end of a hill corner to said inclusive survey of ninety four acres and the two hundred and thirty acre patented land, thence with lines of the latter north forty six and an half degrees, west seventy poles to two pines, corner to said patented land on the east side of a hollow; south fifty nine degrees, west ninety six poles to four pines corner to said two hundred and thirty acres and Davis' land on the west side of an old road, and by the edge of the same thence with the line of said 230 acres and Davis' land, north twenty four degrees, east one hundred and forty four poles to two white oaks growing from one root and a hickory corner to said tracts and a small white oak; north ten degrees, west forty seven poles to two pines corner to said tracts; north ten degrees, east forty four poles to a pine corner to said lands and four other small pines standing in a rocky place; north sixty eight degrees, east one hundred and seventy one poles to three pines corner to said lands on the north side of an old road and near the same thence leaving Davis' line, thence with a line of the new 32 ¾ acre survey, south fifty one degrees, east two hundred and twenty four poles passing the corner of said new survey and the ninety four acres and James Magills land at one hundred and twenty two poles, thence wit his line and the ninety four acres to three pines corner to Magill's land the ninety four acres and eight acres thence with a line of Magill's 300 acre patent thence with the same south thirty six degrees, west forty five poles to a pine stump the original corner near two small pines thence with another line of said three hundred acres; south fifty five degrees, east and eight poles to two pines and two white oak saplings in a line of Erwins 150 acres patented land, and thence with the same north thirty one degrees, east and forty six pole to the beginning with its appurtenances. To have and to hold the said tract or parcel of land with its appurtenances to the said Jacob C. Erwin and Andrew Erwin and their heirs forever. In witness whereof the said James Barbour Esq. Governor of the Commonwealth of Virginia have herewith set his hand and caused the lesser seal of the said Commonwealth to be affixed at Richmond on the twenty fifth day of October in the year of our Lord one thousand eight hundred and fourteen and of the Commonwealth the thirty ninth.
Signed: Js. Barbour
Many of the old wills in Rockingham County were burned. The surviving ones were transcribed, but there are words missing where the edges burned.
In the name of God Amen. I Jacob C. Ervin of the County of Rockingham State of Virginia being of sound mind and memory do hereby make [this my last] will and testament in manner and form following. That is to say
1st It is my will and desire that all my just debts and funeral [expenses be] paid by my executor, and that I be buried in a decent and [Christian] like manner.
2nd I bequeath unto my will beloved wife [ ] of my lands with half of my House and part of my Ba[ ] Natural life together with one horse, one Milch Cow [ ] such as she my select out of my stock [ ]. [The rem]ainder of my real and personal estate to be divided [ ]th Viz. One third part I bequeath to my well beloved [ ] and the balance to be equally divided between [my Son] Clements and my Daughter Harriet, with the exception of [ ] hundred Dollars to my Daughter Anna Scott and One Hundred [dolla]rs to my Grand Daughter Eliza Jane Poage of Ohio hereinafter [ ]fied.
3rdly Should my Son Clemeuts pay all my just debts and the [ ]al legacies without being constrainted to sell the plantation then [it is] my will and desire that he my Son Clements shall have all [my] lands subject to the lefe estate therein, already bequeathed [to my dearl]y beloved Wife I am so long as she shall live in this world. [ ] it further is my will and desire that my son Clements shall [ ] the use of the whole plantation, all the stock, and farming [uten]sils, and to have the proceeds thereof (except the several [leg]acies hereinafter mentioned) by allowing my Wife Jane a [ ]t for her third part of the land; not exceeding one third [of the] Annual proceeds of her portion of the land.
4th it is my [will] and desire that all my House and Kitchen furniture in[clu]ding beds etc. shall be equally divided between my Wife [Jan]e My Son Clements and my Daughter Harriet.
5th I bequeath unto [my] Daughter Harriet One Thousand Dollars to be paid to here as my [son] Clements can make it; without paying interest thereon, or [bein]g pushed for it, and her maintainance so long as she may [rem]ain Single and to be provided with one good Horse. But [shou]ld she Marry; in that event it is my will that in addition [to] the above she shall have two Milch Cows and Three Sheep.
[6th] I will and bequeath to my Daughter Anna S. Scott One Hundred [dol]lars to be paid her as soon as my Executor can make it.[7th] I bequeath to my Grand daughter Eliza Jane Poage of Highland [Cou]nty in the state of Ohio, One Hundred Dollars to be paid her so [soon] as my Executor can make it, besides a legacy left to her [mother/father] by the last will and testament of her Grand father Francis [ ] act dec'd
8thly I do hereby constitute and Appoint my Son Clements Ervin Executor of this my last will and testament without [bein]g obliged to give Security for the discharge of his duty hereby making all other or former wills or testament by me heretofore made. Witness whereof I have herunto set my hand and affixed my [seal] this 29th day of June 1842.
Witnesses: J. G. Brown, [Jo]hn Dinkel Jr., ? Shickel Jr.