Will and Probate for Andrew Scott
Rockbridge County Court, Virginia, May 3, 18243674
I, Andrew Scott, Sen. near the Town of Fairfield County of Rockbridge & State of Virginia being in health of Body, and perfect sound mind and memory, do make this my last Will & Testament, at the same time utterly revoking all former Wills & Testaments made by me and declaring this to be my last:
First I recommend my soul to God who gave it and my body to be decently interred at the discretion of my Executors.
Second I allow all my just and lawful debts to be paid out of my estate by my Executors.
Thirdly, should Isaac Gray cast my son Jesse Scott in a suit now depending and undetermined in the High Court of Chancery Holden at Staunton. The costs and expenses arising therefrom are to be discharged in full out of my Estate as the said suit was brought in His name for my benefit and he the said Jesse Scott took the management of the same at my request owing to my infirmities being too great to allow me to attend to it myself. And should the said Isaac Gray bring a suit to recover any damages (allowing) he should gain the foregoing suit, any damages so recovered together with costs are to be discharged out of my Estate.
Fourth, I will and bequeath to my son Jesse Scott and his heirs the Plantation now in his possession with all the appurtenances forever.
Fifth I will and bequeath to Aaron Beaty and Jane Beaty the Plantation now in their possession with all its appurtenances during their natural lives and at their decease to be equally divided between their four Children Viz. Nancy, John, William and Eleanor Beaty to have and share alike forever. I also bequeath to Nancy Beaty one chest of drawers left her by her Grandmother.
Sixth I will and bequeath to my son Robert Scott's daughter Nancy one Bed & Bedding.
Seventh I will and bequeath to Robert Scott's Daughter Elizabeth one Hundred Dollars to be paid to her by my son-in-law Aaron Beaty, payable in five years after my decease.
Eighth I will and bequeath to my son Jesse Scott Two Hundred Dollars to be paid to him by my son-in-law Aaron Beaty payable in four years after my decease.
Ninth I will and bequeath to my son Andrew Scott's three children viz Polly, William and David one dollar each.
Tenth I will and bequeath that all the store goods now on hand together with what bonds and accts are now due to me or may become due to me Hereafter together with what personal property not otherwise disposed of I may be possessed of at my death to my son Jesse Scott for six years thereafter. But it will be optionary with him to have a division of the same at my decease if He think proper or otherwise at the end of six years. In the following manner, viz. one fifth to Aaron Beaty and Jane Beaty and the heirs of Jane Beaty and the remainder to be equally divided between Jesse Scott and Robert Scott and their Heirs.
Eleventh I will and bequeath to my son Jesse Scott's son Andrew Scott the Half acre lot in Fairfield on which I formerly lived with the improvements thereon forever and of which He shall pay unto Robert Scott's son Andrew Franklin one Hundred Dollars and to Jesse Scott's Daughter Mary one Hundred Dollars to be paid when He the said Andrew Scott becomes of age.
Twelfth I will and bequeath to my son Jesse Scott's Daughter Mary one Bed & Bedding, one Cupboard and furniture, also kitchen furniture, also one Breakfast table, one spinning wheel, one other small Table together with 1/2 dozen Windsor chairs.
I constitute and appoint my son Jesse Scott and Col. James McDowell my whole and sole Executors to this my last will and Testament.
Witnessed by: Tho. Keenan, David Taylor, Wm. Cash
At Rockbridge County Court April 5th 1824
This writing purporting to be the last will and testament of Andrew Scott Senr. dec'd was produced in court, proved by the oath of David Taylor as a subscribing witness and continued for further proof.
And at a court held for said county May the 3rd 1824
This writing was further proved by the oath of William Cash a subscribing witness thereto and ordered to be recorded. And on the motion of Jesse Scott one of the executors named in said will who made oath according to law and together with John H. Hyde, William Houston and John Laird his securities entered into bond in the sum of Five thousand dollars conditioned as the law directs. Certificate is granted him for obtaining probate thereof in due form. James McDowell the other executor named in said will refused in open court to take upon himself the burden of the execution thereof.
