Last Will and Testament of Elias James (May 29, 1789)
Loudoun County, Virginia, Will Book "D", Page 102
Elias James was born in Upper Merion, Philadelphia County, Pennsylvania February 11, 1743/44 to Thomas James and Mary Jones. Elias married Anna Matson and served as a private in the Revolutionary War in Captain Henry Shade's Company, First Battalion, Pennsylvania Rifle Regiment of Colonel Samuel Miles according to the record dated 1776. His military record is recorded in the Pennsylvania State Library and Museum at Harrisburg, Pennsylvania, 2nd Series, Volume 10, Page 213. In 1785 Elias and Anna moved to Loudoun County, Virginia where they settled in an old rock house located on land adjacent to a lot originally laid out for Elias’ half-brother Daniel James. Elias and Anna were members of the Ketoctin Baptist Church. Elias died in 1789 and Anna died in 1827. Both are buried in the Old Potts Cemetery in Hillsboro, Virginia located between their home and the Church. Their children included: Thomas, Hannah, Anne, Isaac, James and Elias. See Children of Elias James (1744-1789) and Anna Matson (1746-1827) of Upper Merion Township, Montgomery County, Pennsylvania. The text of Elias’ last will and testament was transcribed from the original as recorded without any corrections as to spelling or punctuation. This record was contributed by James Family Archives historian Jo Anne Momburg.
I Elias James of the County of Loudan in the State of Virginniah Cooper being some afflicted in body but of perfect Mind and memory thanks be given unto God for the same and calling to mind the mortalyty of my body and that it is appointed for all men once to die. I therefore commend my soul to him Who gave it and do ordain this my last will and Testament in manner and form as Followeth.
First I imprimise I will that all my Just debts and funeral charges be paid and discharged by my Ex. hereafter named,
2nd Item. I give and bequeath unto my beloved wife Anne one square walnut table two chears, one fether bed bedsted and beding one chest of drawers one Iron pott one duch oven one frying pan one buckat one wash Tub one flatiron one peuter bason three peuter plates one peuter Dish three spoons one peuter Tea pott and sugar bowl three tea Cups and sausers one tea kittle one tin pan two tin cups two Erthen dishes two mich pans one erthen pott two white plates two Knives and forks these for her to enjoy while she remains my Widow or dureing her life which ever first then she shall return To our children that may then survive shere and shere alike.
3 Item. I give and bequeth onto my son Thomas James all my Right and title of a lott of leace land that I now live on containing one hundred acres with the buildings and aperteneces thereonto belonging to him his Heirs and assigns he yealding and paying his mother yearly and every Year dureing her natural life or the Expiration of the above leace which ever first the sum of two pounds virginnia currency. I also give and bequeath my said Son Thomas my little mare and colt saddle and bridle one gun and Tackle.
4th Item. I give and bequeath onto my son, Isaac James all my Right and Title of my other Lott of leace land containing One hundred and two acres with all the Buildings and apertenances thereonto belonging to him his heir and assigs he Yealding and paying his mother yearly and every year during her Natural life or till the expiration of the leace which ever first The sum of two pounds Virginnia Currency.
5th Item. I give and bequeath unto James Nichols married To my Daughter Ann she being since decesed one dollar and one third.
6th Item. I give and bequeath onto my Daughter Hannah James one fether bed bedsted and beding one cherry bed bedsted and beding one wool wheel one flax wheel one check Reell one large trunk one small walnut box one iron pott one flatiron one pair wool cards the new velvet side sadle and a Bridle also all the dresser furniture tea and coffee ware except Above excepted for her mother also the bigg looking glass with all the drinking bowls and glasses.
7th Item. I will that all My wareing aperell be equally divided between my two sons Thomas and Isaac and all my books of devinity be equally Divided among all my children and the younger ones then to Carefully presarved till the come of age.
8th Item. I give and Bequeath onto my two youngest sons James James and Elias James all that I shall hereafter in any wisesoever Posses equell shere and shere alike only James to have three Pounds the most I also will that their legeces be places out on Interest for their benefit till the come of age and the to be Bound out to good Trads sufitiant schooling till the Age of twenty.
9th. I also nominate constitue and apoint My son Thomas James and my trusty friends Abner Osburn and Owen Thomas to be my whole and sole Exrs of this my last Will and Testament and Revoak disannul utterly make Void all former Wills by me in aneywise made ratifying and Confirming this and no other to be my last will and Testament. In Witness whereof I have hereunto set my hand and Seal this 29th date of may 1789. Elias James Signed sealed published and Declared by the said Elias James The testator as and for his last will and Testament in the presence of us who have subscirbed our names And at the request of the said Testator
Thomas Humphrey Junior
At a Court held for Loudoun County October the 12th 1789 This will was proved by the Witnesses thereto and ordered to be Recorded and on the motion of Thomas James one of the Executors therein named who made oath according to law the other Executors Having refused to Qualify, Certificate is Granted him for obtaining a probate thereof in due form giving security whereupon he with Abner Osborne and Owen Thomas entred into acknowledged Their Bond in the penalty of Five hundred pounds conditioned as the law Directs of Ann James widow and Relict of this decedant. Personally appeared in Court and relinquished any benefit she may Have in the said Will.