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the otber part of the tract, to Bushrod Washington, until it comes to the stone and three red or Spanish oaks on the knowl, thence with the rectangular line to the back line (between Mr. Mason and me) thence with that line westerly along the new double ditch to Dogue Run, by the tumbling dam of my mill; thence with the said run to the ford aforementioned. To which I add all the land I possess west of the said Dogue Run and Dogue Creek, bounded easterly and southerly thereby, together with the mill, distillery, and all other houses and improvements on the premises, making together about two thou. sand acres, be it more or less. Fourth, Actuated by the principle already mentioned, I give and bequeath to George Wash. ington Park Custis, the grandson of my wife, and my ward, and to his heirs, the tract I hold on Four Mile Run, in the vicinity of Alexandria, containing one thousand two hundred acres, more or less, and my entire square, No. 21, in the city of Washington. Fifth. All the rest and residue of my estate, real and personal, not disposed of in manner aforesaid, in whatsoever consisting, wheresoever lying, and whensoever found, a schedule of which, as far as is recollected, with a reasonable estimate of its value, is hereunto annexed, I desire may be sold by my executors, at such times, in such manner, and on such credits, (if an equal, valid, and satisfactory distribution of the specific property cannot be made without) as in their judgment shall be most conducive to the interest of the parties concerned, and the monies arising therefrom to be divided into twentythree equal parts, and applied as follows, viz. to William Augustine Washington, Elizabeth Spotswood, Jane Thornton, and the heirs of Ann Ashton, sons and 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 daughters 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, Harriott Parks, and the heirs of Thornton Washington, sons and daughters of my deceased brother, Samuel Washington, I give and bequeath other four parts, one 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 to each of them. 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 daughters of my deceased nephew, George Augustine Washington, I give one other part, that is, to each a third of that part. To Elizabeth Park Law, Martha Park Peters, and Eleanor Park 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. And if it should so happen, that any of the persons whose names are here enumerated, (unknown to me) should now be dead, or should die before me, that in either of these cases, the heirs of such deceased person 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 of disposing of the landed property (herein directed to be sold) if from temporary causes the saie should be dull, experience having fully erinced, that the price of land (especially above the falls of the river, 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 a share of my stock in the Potowmack 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 thus, from the
nature of things, it must be, ere long, and more especially if that of the Shenandoah is added thereto,
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 relations, now in the old vault, and such others of my family as may choose 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.
Lastly, I constitute and appoint my dearly beloved wife, Martha Washington, my nephew William Augustine Washington, Bushrod Washington, George Steptoe Washington, Samuel Washington, and Lawrence Lewis, and my ward, George Washington Park Custis, when he shall have arrived
age of twenty.one years, executrix and executors of this will and testament: in the construction of which it will be readily perceived that no professional character has been consulted, or has had any agency in the draught; and that although it has occupied many of my leisure hours to digest, and to throw 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 expense 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 want of legal expressions, 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 testator's 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 cuurt of the United States. In witness of all, and in 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 the Independence of the United States the Twenty-fourth.
A SCHEDULE OF PROPERTY Comprehended in the foregoing Will, which is directed to be
sold; and some of it is conditionally sold; with descriptive and explanatory notes relative thereto.
Acres. Prices. Dollars. Loudoun County, Difficult Run, 300 Dolls. 6,666 a Loudoun and Fauquier, Ashby's Bent, 2481 10 24,810
b Chattin's Run, 885 8
7,080 Berkly, South Fork of Bullskin, 1600 Head of Evans's M.
453 In Wormley's Line
2236 20 44,720 c Frederick, brought from Mercer 571 20
11,420 d Hampshire, on Potowmack River, above B 240 15 3,600 e Gloucester, on North River
400 about 3,600 f Nansemond, near Suffolk, one third
373 8 2,984 g of 1119 acres Great Dismal Swamp, my dividend
about 20,000 h thereof Ohio River, round bottom
587 Little Kenhawa
2314 Sixteen miles lower down 2448 Opposite Big Bent
* It appears the word “ Nine" was omitted by the testator.