Will of Elisha McNew, dated December 29, 1803 In the name of God Amen I Elisha McNew of Washington County being sick but of disposing mind Do dispose of my affairs in the following manner--
First I recomment my soul to God who gave it me and my Body to the Earth to be decently interred--
Secondly I direct all my just debts to be paid out of the Debts due me and the Sale of so much of my personal estate as will be sufficient and which can be best spared
Thirdly I give unto my beloved Wife Katharine McNew during her life or whilst she remains a Widow all my real and personal estate for the purpose of raising maintaining and educating my Children, and as they come of age or get married to give them such proportions as she may think proper. As also I allow her to give what she may deem equitable and right to those that are now married, for having the most unbounded confidence in Her goodness and her disposition to do equal justice to her Children that I have no doubt she will do what will be perfectly satisfactory to all concerned. But in case she gets married, I give her what the law allows which is to be immediately proportioned off to her and then the ballance of my Estate both real and personal to be sold at twelve month Credit under the direction of such persons as the Court of Washington shall appoint to administer my estate in the event of My Wifes marrying and the proceeds to be equally divided among my Children in the following manner To my son John McNew My daughter Polly Bradley and My daughter Rebecca Evate each one twentieth part of the whole amount, which being deducted I give to my daughter Kitty to my sons William and Tobias each one sixteenth part of the remainder which being deducted the Ballance I direct to be equally divided among the rest of my children not above named And that those who should not be of age at my Wifes marriage that their part be put out on Loan on good security payable to such minor at his or her coming of age or getting married. But as there is a dispute existing between Thomas Cawood and myself respecting the Land whereon I live and should he gain it, it is my will the money and property he will have to advance be immediately laid out for Lands and my Wife to be moved therewith as if the dispute did not exist. I do hereby nominate and appoint my dearly beloved Wife Katharine McNew my executrix of this my last Will and testament helping she will take the burthen on herself and act with equal Justice to the best of her Judgement to all who may be concerned--& I do hereby declare this my last Will and testament. In testimony whereof I do hereby affix my Seal my name, this twenty ninth Day of December eighteen hundred and three
Signed and acknowledged Elisha McNew (Seal)
in the presence of
Francis Preston
Francis Smith
Michal Hoofaker
At a Court held for Washington County the 17th day of January 1804
The last Will and Testament of Elisha McNew dec was produced in Court and proven by the oaths of Francis Preston Francis Smith and Michael Halfacre the subscribing witnesses thereto and ordered to recorded And on the motion of Catharine McNew the Excutrix therein named who took the oath of an Executor prescribed by law and entered into and acknowledged her bond in the sum of four thousand dollars conditioned as the law directs with Jonas Smith and Edward McNew her securities A certificate is therefore granted her for the probate of the said Will in due form.
Attest
D Campbell DC
SOURCE: Will Book 2, Page 440
Washington County, Virginia