daughters of my deceased brother Augustine Washington, I give and bequeath four parts; that is, one part to each of them. To Fielding Lewis, George Lewis, Robert Lewis, Howell Lewis and Betty Carter, sons and daughter of my deceased Sister Betty Lewis, I give and bequeath five other parts, one to each of them.

To George Steptoe Washington, Lawrence Augustine Washington, Harriot [25] Parks, and the heirs of Thornton Washington, sons and daughter of my deceased brother Samuel Washington, I give and bequeath other four parts, one part to each of them.

To Corbin Washington, and the heirs of Jane Washington," Son and daughter of my deceased Brother John Augustine Washington, I give and bequeath two parts; one part to each of them.

48

To Samuel Washington, Frances Ball ❝ and Mildred Hammond," son and daughters of my Brother Charles Washington, I give and bequeath three parts; one part to each of them. And to George Fayette Washington Charles Augustine Washington and Maria Washington, sons and daughter of my deceased Nephew Geo: Augustine Washington, I give one other part; that is, to each a third of that part.

To Elizabeth Parke Law,50 Martha Parke Peter,"1 and Eleanor Parke Lewis, I give and bequeath three other parts, that is a part to each of them.

And to my Nephews Bushrod Washington and Lawrence Lewis, and to my ward," the grandson of My wife, I give and bequeath one other part; that is, a third thereof to each of them.

"Jane married her cousin, William Augustine Washington, of "Wakefield." 48 Frances married Burges Ball.

"Mildred married Thomas Hammond.

BO Elizabeth [Eliza] Parke Custis married Thomas Law.

"Martha Parke Custis married Thomas Peter.

George Washington Parke Custis.

1799]

THE FAMILY VAULT

293

And if it should so happen, that any of these persons whose names are here ennumerated (unknown to me) should now [26] be deceased, or should die before me, that in either of these cases, the heirs of such deceased persons shall, notwithstanding, derive all the benefits of the bequest; in the same manner as if he, or she, was actually living at the time.

And by way of advice, I recommend it to my Executors not to be precipitate in disposing of the landed property (herein directed to be sold) if from temporary causes the Sale thereof should be dull; experience having fully evinced, that the price of land (especially above the Falls of the Rivers, and on the Western Waters) have been progressively rising, and cannot be long checked in its increasing value. And I particularly recommend it to such of the Legatees (under this clause of my Will) as can make it convenient, to take each share of my Stock in the Potomac Company in preference to the amount of what it might sell for; being thoroughly convinced myself, that no uses to which the money can be applied will be so productive as the Tolls arising from this navigation when in full operation (and this from the nature of things it must be 'ere long) and more especially if that of the Shanondoah is added thereto.

[27] The family Vault at Mount Vernon requiring repairs, and being improperly situated besides, I desire that a new one of Brick, and upon a larger Scale, may be built at the foot of what is commonly called the Vineyard Inclosure, on the ground which is marked out." In which my remains, with those of my deceased relatives (now in the old Vault) and such others of my family as may chuse to be entombed there, may be deposited. And it is my express desire that my Corpse may be Interred in a private manner, without parade, or funeral Oration.

The new vault (the present one) was built in 1830-31 by Lawrence Lewis and George Washington Parke Custis.

Lastly I constitute and appoint my dearly beloved wife Martha Washington, My Nephews William Augustine Washington, Bushrod Washington, George Steptoe Washington, Samuel Washington, and Lawrence Lewis, and my ward George Washington Parke Custis (when he shall have arrived at the age of twenty years) Executrix and Executors of this Will and testament, In the construction of which it will readily be perceived that no professional character has been consulted, or has had any Agency in the draught; and that, although it has occupied [28] many of my leisure hours to digest, and to through it into its present form, it may, notwithstanding, appear crude and incorrect. But having endeavoured to be plain, and explicit in all the Devises, even at the expence of prolixity, perhaps of tautology, I hope, and trust, that no disputes will arise concerning them; but if, contrary to expectation, the case should be otherwise from the want of legal expression, or the usual technical terms, or because too much or too little has been said on any of the Devises to be consonant with law, My Will and direction expressly is, that all disputes (if unhappily any should arise) shall be decided by three impartial and intelligent men, known for their probity and good understanding; two to be chosen by the disputants, each having the choice of one, and the third by those two. Which three men thus chosen, shall, unfettered by Law, or legal constructions, declare their Sense of the Testators intention; and such decision is, to all intents and purposes to be as binding on the Parties as if it had been given in the Supreme Court of the United States.

[29] In witness of all, and of each of the things herein contained, I have set my hand and Seal, this ninth day of July, in the year One thousand seven hundred and ninety ** and of the Independence of the United States the twenty fourth.

54

The word "nine" was omitted inadvertently by Washington. The will, accompanied by the "Schedule of property," was presented for probate and proved at Fairfax County Court, Jan. 20, 1800.

1799]

LAND HOLDINGS

295

*Schedule of property comprehended in the foregoing Will, which is directed to be sold, and some of it, conditionally is sold; with discriptive, and explanatory notes relative thereto.

55

In Virginia

Loudoun County

Difficult run

acres price dollars 300........ 6,666 (a)

(a) This tract for the size of it is valuable, more for its situation than the quality of its soil, though that is good for Farming; with a considerable portion of grd. that might, very easily, be improved into Meadow. It lyes on the great road from the City of Washington, Alexandria and George Town, to Leesburgh and Winchester; at Difficult bridge, nineteen miles from Alexandria, less from the City and George Town, and not more than three from Matildaville at the Great Falls of Potomac. There is a valuable seat on the Premises, and the whole is conditionally sold, for the sum annexed in the Schedule

(b) What the selling prices of lands in the vicinity of these two tracts are, I know not; but compared with those above the ridge, and others below them, the value annexed will appear moderate; a less one would not obtain them from me.

In the original the descriptive "Notes" are grouped after the "Schedule of property," but they are here printed with the "Schedule" for convenience.

The Ashby's Bent and Chattin's Run lands were on the eastern slope of the Blue Ridge near Upperville.

"These lands were in what is now the southern part of Jefferson County, W. Va.

(c) The surrounding land, not superior in Soil, situation or properties of any sort, sell currently at from twenty to thirty dollars an Acre. The lowest price is affixed to these

Frederick 58

Bought from Mercer

59

571 20

11.420 (d)

(d) The observations made in the last note applies equally to this tract tract; being in the vicinity of them, and of similar quality, altho' it lyes in another County

Hampshire

On Potk River above B.........

240

15

3.600 (e)

(e) This tract, though small, is extremely valuable. It lyes on Potomac River about 12 miles above the Town of Bath (or Warm springs) and is in the shape of a horse Shoe; the river running almost around it. Two hundred Acres of it is rich low grounds; with a great abundance of the largest and finest Walnut trees; which, with the produce of the Soil, might (by means of the improved Navigation of the Potomac) be brought to a shipping port with more ease, and at a smaller expence, than that which is transported 30 miles only by land.

Gloucester

On North River...

400... abt... 3.600 (ƒ)

(f) This tract is of second rate Gloucester low grounds. It has no improvement thereon, but lyes on navigable water, abounding in Fish and Oysters. It was received in payment of a debt (carrying interest) and valued in the year 1789 by an impartial Gentleman to £800. N B. it has lately been sold, and there is due thereon, a balance equal to what is annexed the Schedule 60

Nansemond

Near Suffolk 13 of

1119 acres.

}

373... 8... 2.984 (g)

(g) These 373 acres are the third part of undivided purchases made by the deceased Fielding Lewis Thomas Walker and myself; on full

The Frederick tract was near Berryville, Clarke County. It became "Audley," the home of Nelly Custis Lewis, until her death.

Either James Mercer, or Col. George Mercer.

'The Gloucester tract had been sold to George Ball, and a balance of $3,600 was due on the purchase.