The Last Will and Testament of Peter Montague of Lancaster, Virginia, 1659

Will

A transcript of the will of Peter Montague, dated 27th March, 1659, and proved 25th May, the same year, is given below:

In the name of God amen, I Peter Montague being weak in body and perfect memory do make this my last will and testament, this the 27th of March 1659 in name and form following

First I bequeath my soul into the hands of my redeemer Jesus Christ, and my body to be buried.

Item, my debts being first paid I give to my loving wife Cicely one third part of all my real and personal estate according to law.

Item, I give to my two sons Peter and Will. Mountague all my land lying on Rappahannock river to them and their heirs forever, and the land being divided it is my will, that the elder is to have the first choice, and in case of want of heirs of either, the survivor to enjoy all the land, and in case both of them shall depart this life without heirs, lawfully begotten, then my will is that the said land be sold by the commissioners of this county after public notice given either at an outcry, or by an inch of candle7 and the produce thereof to be equally divided between my three daughters, Ellen, Margaret and Elizabeth, and the child of Ann late wife of John Jadwin, and in case of any of these shall die without issue, then the produce of the said land to be divided between the survivors.

Item, I give the other two thirds of my personal estate to my four children Peter, Will, Margaret, and Elizabeth to be equally divided among them.

Item, I give to my daughter Ellen, the wife of Will Thompson, one thousand pounds of tobacco, and cask to be deducted, of a bill of thirteen hundred pounds of tobacco now due to me by the said Will Thompson. Lastly I ordain my loving wife Cicely and my son Peter jointly Executrix and Executor of this my last will and testament. In witness of the previous I have hereunto set my hand and seal the day end year above written 1659 interlined before the signing and sealing hereof.

(Signed)       PETER MOUNTAGUE.
(Ye seal)

In presence of
GEORGE MARSH
THOMAS JAMES

Probat fuit humoi testam 25th May A. D. 1659 p fanam George Marsh, Thomas James et Willi Montague and ded Peter Montague Jr. in Cir et record primus July 1659 pr Edward Dale llan.

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