WILLIAM LAYTON YANCEY
I [WILLIAM] LAYTON YANCEY of Rockingham County and state Virginia do make this my Last Will and Testament in the manner and form following:
That is to say, I give and bequeath unto my beloved wife FANNY YANCEY during her natural life the interest of five hundred pounds annually also my gig and harness and a good Gig horse. The said five hundred pounds after my wife's death to be equally divided amongst all my children. It is my desire that my wife should remain in possession of the plantation she inherited from her own father THOMAS LEWIS deceased as well as a thirty two acre tract of land which I purchased from John [Sipe?] during her natural life and after her decease I give the lands to my two youngest sons WILLIAM and ALBERT to them and their heirs and assignees forever.
It is my desire that my children remain with their mother until they arrive at the age of twenty one years or marry and my farm cultivated by my hands and the profits arising from the produce of my farm in the first place be applied towards the genteel support of my wife and children and the education of my children and the balance if any, to be kept on account of and equally divided amongst my children as the respectively arrive at the age of twenty one years or marry whichever of these two circumstances should first happen. It is my will that such part of my personal property as can be conveniently spared by my family be sold with the money arising from the sale thereof be applied towards paying my daughters such legacy as I shall hereafter give them.
I give and bequeath unto my son LAYTON YANCEY that part of my lands which I purchased from JOHN [MAGUIRE?] and which lies on the north side [Spring run?] together with my chopping mill and saw mill and as much land on the South side as will be necessary for making any repairs to Mill may have in need of to him and his heirs forever.
I also give unto my son LAYTON YANCEY a negro boy between the age of twelve and fifteen years.
It is my desire that my son LAYTON YANCEY remain with my wife and family until he attains the age of [____?] and [_____?] my [_____?] that my executor hereinafter appointed allow him such compensation for his services as they may think reasonable.
I also give and bequeath to my son LAYTON YANCEY Three hundred acres of my [_____?] country land it being a part of a great tract of Fourteen hundred Eighty Seven acres and adjoining the land I sold JOEL SMITH, EDWIN SMITH AND MARK ALDER - In consideration that he will attend to the surveying the [____]of my [____]lands in such manner as my Executor may think advisable who we authorized to reimburse him as much money as he may necessarily spend in securing the said land.
I give and bequeath unto my son JOHN YANCEY all that tract of land which I purchased from JOEL AND EDWIN SMITH containing Five hundred and seventy five acres together with the tract of land I purchased from NANCY PAGE containing about two hundred acres to him and his heirs and assignees forever.
I also give my son JOHN YANCEY a negro boy between the age of twelve and fifteen years together with two common work horses.
I also give and bequeath unto my son CHARLES YANCEY all that part of my lands which is bounded as follows: beginning at [three?] Poplars on the bank of the Shanendoah River corner to John Maggorts land and up the several courses of the river to a walnut hickory and [____?]bush opposite the Big Spring thence south 100 poles to a white oak and pine thence south go east 220 poles to three white oaks near a swamp on the line of the land which I purchased from JOHN YANCEY and thence with my several lines to the beginning.
I give and bequeath unto my son THOMAS YANCEY all such land as lies between the lands which I have herein given my son CHARLES YANCEY and the lands which THOMAS LEWIS DECD. gave me to him and his heirs and assignees forever.
I also give my son THOMAS YANCEY a negro boy between the age of twelve and fifteen years together with two common work horses.
I further give unto my two youngest sons WILLIAM AND ALBERT each a negro boy between the age of twelve and fifteen years together with two common work horses each. I give and bequeath unto each of my daughters two thousand dollars to be paid to them either in cash or property to that amount as [____] as they respectively marry or arrive at the age of twenty one years whichever of those two circumstances shall first happen together with a negro girl each between the age of eight and twelve years. It is my desire that all the rest of my western lands be sold provided my Executors think advisable and the money arising from the sale thereof be equally divided amongst all my children as they respectively arrive at the age of twenty one years or marry. It is my desire that my funded certificate in the loan office of the state be sold the money arising from the sale thereof as well as the money and bonds found on my possession at the time of my decease after paying my just debts and funeral expenses be applied toward the payment of my daughters legacy. It is my desire that if at any tome hereafter it should be the opinion of my wife and executors that there is more negroes on my farm than necessary that all such negroes more than necessary be equally divided amongst all my children. My three [barren?] lands one of which contains by survey three hundred and eighty nine acres [_____?] granted to me by patent bearing date 21st day of June 1800, the second tract containing 151 acres which was granted to me by patent bearing date the 27th day of May 1801, the third tract containing 98 acres by patent bearing date the 26th day of June 1809, shall be equally divided between my three sons LAYTON, THOMAS & CHARLES.
It is my desire that my negro man Ben who has been a faithful servant should not be compelled to work in the crop but that he employed in such light work as the plantation may require.
And lastly I nominate and appoint GEORGE GILMORE of Rockingham, JACOB BEAR, and JOSEPH MAUZY the Executors of this my last will and testament heeby revoking all former wills by me made declaring and publishing this and no other. In testimony whereof I have hereunto set my hand and affixed my seal this 10th day of February 1813.
LAYTON YANCEY (Seal)
Signed, sealed and acknowledged in the presence of:
LAYTON YANCEY of Rockingham County Virginia having made my last will and testament bearing date of 10th day of February 1813 -- whereas I gave unto my three sons - LAYTON, THOMAS AND CHARLES YANCEY my three tracts of land amongst which was a 389 tract which was granted unto me by patent bearing date the 24th June 1800 and upon a more mature consideration have thought proper to revoke that part of my will which relates to that part of my 389 acre tract of barren land which lies on the north side of Little Gap Run which I hereby give unto my two youngest sons WILLIAM AND ALBERT YANCEY to them and their heirs and assignees forever. In testimony whereof I have hereunto set my hand and seal the 11th day of February 1813.
LAYTON YANCEY (seal)
Signed and acknowledged before us: