In the name of God Amen I Josephy Roy of the County of Pendleton & state of VA being very weak in body but of perfect mind and memory calling to mind the mortality of my body and knowing it is appointed for all men are to die do make and ordain this my last will and testament that is to say first & principally I recommend my soul into the hands of Almighty God that gave it my my body I recommend to the Earth to be buried at the direction of my Executors and Christian friends nothing doubting but at the last day I shall receive the same by the mighty power of God & as touching such Estate as it hath pleased God to bless me in this present world I dispose of the same in – in other – viz –
And first I give & bequeath to my well Beloved wife Joley Roy two sorrel mares one called by the name of Sorrel and the other Fly likewise three milch cows to be chosen by her out of the Stock likewise the largest pot kettle and cooking pot six plates one dozen of spoons two dishes two gallon basons one three quart bason likewise her bed & furniture with a large chest likewise five head of sheep likewise seven head of hogs likewise the produce of my lands this year with the Leather for the use of the family likewise one full third of my moveable Estate with all my lands on the North Fork except the tract formerly owned by John Nutter to have the use of same till my sons Joseph and John are of age and afterwards one full third during life…
2dy I give & bequeath to my eldest son William that tract of land formerly owned by John Nutter except that hill side North East of the Barn…
3rdly I give & bequeath to my second son Joseph three different tracts of land to wit the tract I now live on the Leading Ridge tract and one known by the name of the Lece plan…
4ly I bequeath to my youngest son John that tract of land known by the name of the Round Ruobin tract with the aforementioned hillside which was taken of William’s tract…
5ly I give & bequeath to Sixth daughter Sarah that tract of land known by the name of the Driving Ridge tract…
6ly I give & bequeath to my Eldest son William a tract of land being and lying in the County of Randolph on the west of Alleghany Mountain…
7ly I give & bequeath second son Joseph a tract of land on the west side of the Rich Mountain in the County of Randolph and his brother John to be equally divided between them…
8ly my son William shall pay to my three daughter Elizabeth Pamelia and Mary the sum of Twenty Five pounds Virginia currency in the term of seven years in consideration of a tract of land before mentioned
likewise my son Joseph shall likewise pay them 18 pounds Eleven shillings within the terms of fifteen years
likewise my pay the 3 youngest the sum of thirty six pounds nine shillings in the said form
likewise John pay the three youngest the sum of two pounds eleven shillings within said term in consideration of land above mentioned
likewise John shall pay the six aforementioned daughters the sum of seven pounds in consideration of a tract of land above mentioned
9ly I order that if in case they shall refuse payment the Land shall be sold to the highest bidder and equally divided amongst them
10ly the remainder of my moveable Estate shall be sold & equally amongst my children Dianah and Ceora excepted I likewise appoint my wife and Daniel Mouse sole Executors of this my Last Will & Testament disallowing of all other former wills or will constituting this and this only to be my Last & Testament In witness whereof I have hereunto set my hand & seal this 13th Day of August 1798.
Joseph (his mark) Roy (seal)
Witness
John Vance
Samuel Oliver
John Mitchell
P.S. I give & bequeath to my daughter Dianah the sum of five pounds to be levied out of my Estate likewise the Executor shall take my son Joseph & John part of my moveable Estate & pay to the three daughters Elizabeth Mary and Pamalia as part of their dues for the land –
At a court held for Pendleton County on Tuesday the 2nd day of October this Last Will & Testament of Joseph Roy Deceased was proven by the oaths of Samuel Oliver & John Mitchell witness thereto & ordered to be recorded –
Teste A. Smith C.P.C.
(pg. 210)
Know all men by these presents that we Joly Roy Daniel Mouse are held & firmly bound unto Jacob Conrad Robert Davis Isaac Henkle & John Hopkin in the Commission of the peace for Pendleton Co. in the sum of one thousand dollars to be paid to the said Jacob Conrad Robert Davis Isaac Henkle & John Hopkins their executors administrators & assigns to the which payment well & truly to be made we bind ourselves our & every of our heirs executors & administrators jointly & severally firmly by these presents sealed with our seals & dated this Second Day of October 1798 –
The condition of the above obligation is that if the above bound Joly Roye & Daniel Mouse Executors for all the goods chattels & credits of Joseph Roy demand do make or cause to be made a true & perfect inventory of all & singular the goods chattels and credits of the said demand which have or shall come to the hands possession or knowledge of them the said Joly Roye or Daniel Mouse or into the hands or possession of any other person or persons for them & the same to be made do exhibit or cause to be exhibited into the County Court of Pendleton at such time as they shall be thereunto required by the court & the same goods chattels & credits & all other the goods chattels & credits of the said demand at the time of his death which at any time after shall come to the hands & possession of the said Joly Roye & Daniel Mouse or into the hands or possession of any other person or persons for them do well & truly administer according to the law & further do make a just & true amount of their actings & doings therein when thereto required by the said Court & all the rest & residue of the said goods chattels & credits which shall be found remaining upon the said administrators amount the same being first examined & allowed by the Justices of the said court for the time being shall deliver & pay unto such person or persons respectively as the said Justices by their order or judgment shall direct pursuant to the Laws in that case made provided then this obligation to be void otherwise to remain in full force & virtue
Joly (her mark) Roy (seal)
Daniel Mouse
William Gragg
Samuel Oliver
At a court held for Pendleton Co. on Tuesday 2nd Oct 1798 this bond from Joly Roye & Daniel Mouse Executors for the Estate of Joseph Roye deceased was acknowledged by the said Joly & Daniel & their securities & ordered to be recorded
Teste A Smith CPC
(p. 271)
Agreeable now the within order we have settled the estate of Joseph Roy dec’d with the Executors & we find we tax the Estate the sum of L 112 “17” 0 giving under our hands Nov 28, 1799
Recorded 4 Feb 1800 Isaac Henkle
William Gragg
(Note: Transcribed by Catherine Thompson from hand copied text, email: thompsons@adelphia.net)