Will of Andrew Erwin
(Dated May 30, 1765)
(Augusta County Will Book 3, Page 418)
IN THE NAME OF GOD AMEN May the 30th 1765
I Andrew Erwin of the County of Augusta & Colony of Virginia former being very sick and weak in body but of perfect mind and memory thanks be unto God, therefore calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last wil and testament, that is to say principally and first of all I give and recommend my soul into the hands of Almighty God gave it and my body. I recommend to the earth to be buried in decent Christian order at the discretion of my executors not doubting but at the general resurrection I shall receive the same again by the might power of God and as touching? such wordly estate where with it has pleased God to bless me in this life, I give, devise and dispose of in the following manner and form. First I will and ordain that all debts that I owe to any persons or manner of persons be justly & lawfully paid out of my estate. Also I will & bequeath unto my dearly beloved wife Anne and my well beloved son Francis Erwin my lands together with all my moveables effects and if my son Franics Erwin marrys a wife & it should happen that they and his Mother should not live contentedly together than I allow & ordain that my wife Anne shall have the one third of the land and the third of the moveable effects divided off to herself together with the mentioned house she now lives in and also I will that at her death that all shall return back to my son Francis Erwin again and I constitute make and ordain my well beloved wife Anne & my son Francis Erwin my whole and sole executors of this my last will and testament and I do hereby utterly disallow revoke and disannul all and every other former testaments wills legacies and bequests & executors by me in any ways before named willed & bequested ratifying and confirming this and no other to be my last will and testament in witness whereof I have hereunto set my hand and sell the day and year above written.
Andrew Erwin
N.B. I allow & desire that my brother Edward and my Brother Francis to be overseers of the above.
Signed sealed published pronounced & delivered by the said And'w Erwin as his last will & testament in the presence of us.
Andrew Scot, Sam'l Curry, Benj'm Erwin
At a court held for Augusta County October the 15th 1765 this last will & testament of Andrew Erwin deceased was proved by the oaths of Andrew Scot and Benjamin Erwin two of the witnesses thereto and ordered to be recorded and on the motion of Ann & Francis Erwin the executors therein named who made oath according to law, certificate is granted them for obtaining a probate thereof in due form they having with security entered into and acknowledged their bond according to law.
THIS INDENTURE KNOW all men by these presents that we Anne Erwin, Francis Erwin, John King & Sam'l Patterson are held and firmly bound unto John Bowyer, Arch'd Alexander, James Trimble & Alex'r McClenachan Trustees of the commission of the peace for Augusta County for and in behalf of the Justices of the said County in the sum of five hundred pounds to be paid to the said justices and their successors to which payment will and truly to be made we bind ourselves and each of us our and every of our heirs executors and administrators jointly and severally firmly by these presents a with our seals and dated this 15 day of October 1765.
The condition of this obligation is such that if the above bound Ann Erwin & Francis Erwin executors of the last will & testament of Andrew Erwin deceased do make or cause to be made a true & perfect inventory of all and singular the goods chattles & credits of the said deceased which have or shall come to the hands, possession or knowledge of the said Ann & Francis or into the hands or possessions of another person or persons for them and the same so made do exhibit into the said County Court of Augusta at such time as shall be thereunto required by the said Court and the same goods chattles and credits and all other the goods chattles & credits of the said deceased ay any time after shall come to the hands, possession or knowledge of the said Ann & Francis or into the hands & possession of any other person or persons for them do will and truly administer according to law and further do maje a just and true account of acting and doing therein when thereto required by the said Court and also shall will and truly pay & deliver all legacies contained and specified in the said testament as far as the said goods chattles & credits will extend and the law shall charge then this obligation to be void and of none effect or else to remain in full force and virtue.
Signed and delivered in the presence of Anne Erwin (her mark), Francis Erwin, John King, Sam'l Patterson at a court held for Augusta County October the 15th 1765. Anne Erwin and Francis Erwin with John King & Samuel Patterson their securities entered into & acknowledged their bond according to law.
