Transcription of the will of Minor Winn (1704 - 1778)
Oringinal Will: p. 58 (Wills, Fauquier County, Virginia, Virginia State Library)
Original Will: Will Book 1, Page 343, Warrenton, Fauquier County, VA.
Written 31 Jul 1775, recorded March 23, 1776 in Will Book 1, Page 343, Fauquier County, Warrenton, VA, probated 23 Mar 1778
In the name of God amen. I Minor Winn being in perfect mind and memory thanks be given to the Almighty God for it as touching my temporal affairs doth make this my last will and testament first and principally I recommend my soul to God who gave it having the death and person of our blessed Lord and Savior Jesus Christ to receive full and free pardon and forgiveness of all my sins, and for my body to the ground be decently buried at the discretion of my Executors hereafter named and for my temporal estate which it hath pleased God to bestow upon me I give and bequeath of in manner as following.
Item I give and bequeath to my beloved wife Margaret Winn all my Estate Royl & Personal for and during her natural life.
Item I give and bequeath to my son William Winn one negroe man named Godfre and if any person whatever seas (sic) on the said negroe for his debts theor the said negroe shall be the hole & sole property of my granddaughter Martha Smith and her heirs forever.
Item I give and bequeath to my son John Winn one negroe woman named Jean and one negroe boy named Ben and one negroe boy named Moses now in his possession also one negroe man named Antony to him and his heirs forever.
Item I give and bequeath to my son James Winn one negroe man named James and one negroe boy named Lewis to him and his heirs forever.
Item I give and bequeath to my son Minor Winn one negroe man named Reuben and one negroe man named Soloman now in his possession, also my riding horse Bridle & Saddle and all my wearing apparel to him and his heirs forever, also my great Bible in the same form and manner.
Item I give and bequeath to my son Richard one negroe man named Will, now in his possession also one negroe boy named Tom during his natural life and if my son Richard Winn should die without an heir Lawfully begotten by his body then his part of my estate shall be equally divided among my children then aliveing (sic) and if he is got heir lawfully begotten I give it him and his heirs forever.
Item I give and bequeath to my daughter Margaret Johnson one negroe man named Winny now in her possession also one negroe boy named Jack Monday to she and her heirs forever.
Item I give and bequeath to my daughter Mary Smith and equal part of my estate that is sold after paying my just debts to she and her heirs forever.
Item I give and bequeath to my daughter Susannar Grant one negroe that she has in her possession named Dick, also one negroe girl named Hanner and if my daughter should die without an heir lawfully begotten by her body then her part of my Estate shall be equally divided among my children then living and if she has got heir lawfully begotten I give it to she and her heirs forever.
Item I give and bequeath to my granddaughter Martha Smith one negroe girl named Lucy now in her possession to she and her heirs forever.
Item I give and bequeath to my daughter Elizabeth Smith's children forty pounds to be equally divided among the whole after the decease of my wife. All the balance of my estate both royal (sic) and personal be sold after the decease of my wife at 12 months credit, with laking good bond and security and what remains after paying my just debts and funeral charges among my children then living by my said wife Margaret Winn whom I appoint my Executrix with my son Minor Winn my whole Executor of this my last will & testament, and during the life of my Executrix with my Executor she is to act and do as she thinks proper and it shall stand good to this my last Will & Testament.
Witness whereof I have hereunto set my hand & seal this thirty first day of July one thousand seven hundred and seventy five.
MINOR WINN (X his mark) Seal
MARGARET WINN (X her mark) Seal
Signed & sealed in the presence of us:
I, Minor Winn, of the County of Fauquier being sick and weak of body and of sound sense and memory do desire that this instrument of writing be annexed to my Last Will & Testament and taken and accepted as a part thereof
Whereas I, sometime ago purchased a Tract of land of Mr. Martin Pickett lying on the south side of Little River part of a tract formerly belonging to Holtzclaw, and I have the said Pickett's bond for making me a title to the same as soon as he can obtain a Decree of the Court to put him in possession thereof I do hereby give and bequeath my right to the said land to my son Minor Winn and desire that Col. Pickett may make deeds for the same to my said son Minor when he shall be enabled to do so by obtaining the decree aforementioned.
And whereas I have in partnership with my son Minor Winn erected a still house on the said Minor's land and furnished the same with stills and the necessary utensils for carrying on the distilling business and have likewise in partnership with him raised a stock of hogs at the said still house and purchased a set of blacksmith tools The profits of all which several articles were by bargain to be equally divided between my said son and myself during my life and after my decease between my wife Margaret Winn and my said son Minor during her life. My desire is that the said stills, tools etc. be kept together during the life of my said wife Margaret Winn and the profits arising there from be equally divided between my said wife and son Minor and after her decease the stills, utensils, stock and tools shall be appraised by persons on oath & my said son Minor shall be at liberty to keep the same on paying the one half of what they shall be appraised to my executors for the bene! fit of my estate to be applied in the same manner as some other part thereof which by my will I have directed to be sold. In Witness of my desire that this shall be taken as a part of my last Will and Testament, I have hereunto set my hand and seal this fifth day of February in the year of our Lord One thousand seven hundred & eventy eight.
MINOR WINN (X his mark) Seal
Signed sealed & acknowledged as part of his last Will & Testament in the presence of:
At a Court held for Fauquier County the 23rd day of March, 1778, this will was proved by the oaths of Stephen Tolle, a witness thereto, and the instrument of writing thereto annexed was proved by the oaths of James Winn and Hannah Winn, witnesses thereto, and on motion of Margaret Winn and Minor Winn, the Executrix and Executor, therein named certificate is granted them for obtaining a probate thereof in due form.
Test: H. Brooks, C.C.
A.R. Bartenstein, Deputy Clerk
A copy tests: September 2nd, 1904
We, William Winn, Gentleman, and the Honorable Richard Winn, Esquire, of Fairfield Co., appoint our well beloved brother John Winn of the same county, Gentleman, our attorney to receive of Minor Winn of the State of Virginia, Esquire, one of the Executors of the last will and testament of our late Honorable father Minor Winn, deceased, all such legacies due us or that we may be hereafter entitled to by virtue of our Father's will, and in default of payment of such legacies to take such manes at Law as necessary for the recovery of the same. Whereas a Negro wench as given by our late father Minor Will Decd. to Sister Susannah and her issue and if no issue to revert to the general (torn) do empower our attorney to release the said wench and her issue if any to our brother in law -, - Feb 178-, in the thirteenth year of American Independence. Wit: D. Evans, D. R. Evans. Certified and recorded 7 Feb 1789 by D. Evans.
According to Constance "Connie" R. Cole [GramereC@aol.com] in Nov., 2009, Dorothy Tuttle performed the transcribing. She is alive and well and can be found on facebook. --Randy C. Smart