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the upper part of Truro parish in Fairfax county, patented by my father with a small tract of land thereto adjoining patented in my own name being together about two thousand Acres, and if my said son John Mason should die under age and unmarried then and in that case I give and devise all the above mentioned lands between Four Mile Run and the Lower Falls of the Potowmack river together with my before-mentioned Island of Barbadoes unto my youngest son Thomas Mason and his heirs forever. But it is my will and desire and I hereby direct and order that all the other lands hereinbefore devised unto my said son John Mason upon and between the main south run of Accotink and the branches of Difficult Run shall if he die under age and unmarried, as aforesaid go and descend unto my eldest son and heir George Mason and his heirs forever, in the same manner as if my said son John Mason had been in the actual possession of the same before his death.— Item : I give and bequeath unto my said son John Mason and his heirs forever, when he arrives at the age of twenty-one years or marrys, whichever shall first happen the two following slaves to wit Harry (the son of house Poll) and Peg (the daughter of Chloe), also one fifth part of all my Books and household furniture in and about my dwelling house.
Item : I give and devise unto my youngest son Thomas Mason and his heirs forever, when he arrives at the age of twenty-one years or marrys, whichever shall first happen, all my land upon the lower side of Occoquan River patented by my father and Col. Robinson, together with the right and benefit of keeping the ferry over Occoquan from both sides of the river, which has been vested in me and my ancestors from the first settlement of this part of the country and long before the land there was taken up or patented. Also all my land upon the branches of Neabecco [Neapsco ? ] purchased by my father of Ann West, also all my land upon Potowmack river in Cockpit Point Neck, also all my land upon the upper side of Chappawamsick Creek and in general all my lands in the county of Prince William. I also give and devise unto my said son Thomas Mason and his heirs forever, when he arrives at the age of twenty one years or marrys, whichever shall first happen, all my lands adjoining to each other upon Goose Bay and Potowmack River in Charles County in the Province of Maryland, being four different tracts, the lowermost called St: Benedict's originally granted to Bennett Marchgay, the next called Mason's Fields patented by my mother Mrs. Ann Mason, the next interfering with Mason's Fields, a tract of one hundred and fifty acres without any particular name whereon Henry Fletcher formerly lived who purchased the same of Henry Aspinall to whom it was originally granted, and the upper (part] called Fletcher's Addition originally granted to the said Henry Fletcher, and in general all my lands between Chickamuxon Creek and Goose Bay in the said county and province, and if my said son Thomas Mason should die under age and unmarried, then and in that case I give and devise all the above mentioned lands between Chickamuxon Creek and Goose Bay in Charles County in the province of Maryland, unto my son William Mason and his heirs forever. But it is my will and desire and I hereby direct and order, that all the other lands hereinbefore devised unto my said son Thomas Mason in the County of Prince William and Colony of Virginia, together with the right and benefit of keeping Occoquan ferry, shall if he die under age and unmarried, as aforesaid go and descend unto my eldest son and heir George Mason and his heirs forever in the same manner as if my said son Thomas had been in actual possession of the same before his death. Item : I give and bequeath unto my said son Thomas Mason and his heirs forever, when he arrives at the age of twentyone years or marrys, whichever shall first happen, the two following slaves to wit Jack (the son of house Nell) and Daphne (the daughter of Dinah), also one fifth part of all my books and household furniture in and about my dwelling house. Item : I give and bequeath unto my said son Thomas Mason the sum of six hundred pounds sterling to be paid him when he arrives at the age of twenty-one years or marrys, whichever shall first happen, out of my money and debts due to me and the profits of my Estate if so much remain in the common stock after the payment of my debts and legacys, the maintenance and education of my children and the payment of my daughters' fortunes, and if there is not so much as the said sum of six hundred pounds sterling then whatever lesser sum there is remaining in the said common stock.
And least the manner in which I have limited and directed the descent of some of my land should occasion any dispute or induce an opinion that I intended to intail them, I hereby declare that it
is not my intention to intail any part of my Estate upon any of my children, but to give all and each of my sons when they respectively come of age or marry, an absolute fee simple estate in all the lands respectively devised them and in all such lands also as any of them may happen to take by the death of any of their Brothers, the common legal descent of some of my lands being hereinbefore altered only in case any of my sons to whom such lands are respectively devised should die under age and unmarried while their lands remained in the common stock of
Estate and had not yet come into their actual possession. -And whereas I hold sundry tracts of land in the county of Hampshire in Virginia, and in the county of Frederick in the province of Maryland near Fort Cumberland, patented in my name in trust for the Ohio Company, I authorize and direct my Executors to convey the same by such deeds as council learned in the law shall advise (with special warranty only against my heirs and all claiming under me) unto the said Ohio Company upon their paying the ballance of my bond with the Interest thereon due to Mrs. Bladen or Mrs. Tasker's Executors, for the purchase of part of the said lands so that the said bond may be taken up and cancelled and my Estate indemnified therefrom excepting and reserving unto my eldest son George Mason and his heirs forever my part and share of and in the said lands as a member of the said Ohio Company.
Item : All the remaining part of my slaves with their increase, stocks of all kinds, and money and debts due to me, crops, profits and all other personal Estate whatsoever in the common stock not herein otherwise disposed of I give and bequeath unto my four youngest sons William, Thomson, John and Thomas (whom I make my residuary legatees) and their heirs forever to be equally divided between them when and as they respectively arrive at the age of twenty-one years or marry, whichever shall first happen, and if any one or more of my said youngest sons should die under age and unmarried, then and in that case it is my will and desire and I hereby direct and order, that all the slaves together with all the stocks, money or other personal Estate whatsoever bequeathed to such son or sons or which he or they would have been entitled to upon coming of age or marrying, shall be equally divided between the survivors of all my five sons George, William, Thomson, John and Thomas, such of them as may happen to be of age or married at the time to receive their part of the same and the residue to remain in the common stock until the others respectively come of age or marry or shall go to the survivor of my said five sons if only one of them should live to come of age or marry, and if any of my sons or daughters should happen to marry and die during the minority of their Brothers or Sisters leaving a child or children behind them, it is my Will and desire and I hereby direct and order that such child or children shall receive the same part or portion of the Estate which the parent or parents would have been entitled to upon the death of any of my sons or daughters respectively under age and unmarried as aforesaid.
And whereas there is in my hands as Executor of Mr. William Eilbeck decd. a considerable sum (as will appear by my account with his Estate) which by his Will is bequeathed to and divided among his Grandchildren, my children, which I am answerable to them for and have a power of laying out for their benefit, and as I have hereinbefore not only given much more to each of my said children than their respective shares of his Estate in my hands amounts to but have disposed both of that and my own Estate among them in order to make the best provision in my power for them all, and if any of my children were notwithstanding to claim after
my death their parts of their said Grandfather's Estate in my hands over and above what I have given them, it would occasion much confusion and alter the disposition which I have hereinbefore made to the prejudice and injury of some of my children, I do therefore declare that what I have hereinbefore given unto all and each of my said children is inclusive of and in satisfaction for what was due to them from me as Mr. Eilbeck's Executor and that the several devises, bequests and legacys herein devised bequeathed or given to each of my said children are upon express condition of each of them respectively releasing and discharging my Estate and Executors from any claim or demand on account of the ballance due from me to the said Mr. Eilbeck's Estate per account already settled or to be settled with the commissary in Maryland, and if any one or more of my said children when they respectively come of age should refuse to release and discharge my Executors accordingly, then and in that case it is my Will and desire and I hereby direct and order that all the Estate herein by me given to such child or children shall be forfeited and shall go to
and be equally divided among my other children and their heirs forever. And as there are debts due to me to a considerable amount by bond the yearly interest of which will be a great advantage to the common stock of my Estate, I desire and direct my Executors to continue the said debts upon interest either in such hands as they shall be in at the time of my death, or in such other hands and upon such other security as they in their discretion shall judge best, until the money shall be wanting from time to time for any of the purposes by me directed, and likewise to let out upon interest such money as can at any time be spared out of the profits of my Estate.—I also authorize and direct my Executors to settle a Quarter or Quarters upon my land between Dogues Run and the South Branch of little Hunting Creek, as hereinbefore mentioned (unless the same shall have been settled by me before my death) when they shall think it most for the interest of my Estate so to do, as also upon any of the other lands herein devised to either of my three youngest sons Thomson, John or Thomas, either with any slaves that can be spared from my other Quarters or plantations or with slaves to be purchased by them for that purpose with any money that can be spared out of the common stock of my Estate, without interfering with my daughters' Fortunes or with the money bequeathed unto my youngest son Thomas, all which Quarters and slaves are to be considered as part of the common stock for the purposes before expressed.
I likewise impower and direct my Executors to erect marble Tomb stones over the graves of my honored father and mother and my dear wife if the same is not done by me in my life time. And that no dispute or difficulty may arise to my Executors or my children about the manner in which that part of my estate given to my residuary Legatees is to be divided among them, I hereby declare it to be my Will and intention that when each or either of them comes of age or marrys, he is to receive his part or portion thereof as it stands at such time respectively (always having regard to and reserving a sufficient sum of my money and debts still in the common stock to pay the money that may hereafter be due to any of my daughters for their fortunes, as well as the money bequeathed to my youngest son Thomas Mason) so that any of them after having received and withdrawn their parts from the common stock are not to be entitled to any share of the subse