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Last Will of Lachlan McGillivray of Vale Royal, Georgia, 12th June 1767.

Kindly contributed by Dr. Woodrow Wallace

In the name of God, Amen. I Lachlan M'Gilivray, of Vale Royal, in the parish of Christ Church, in the province of Georgoia in North America, being in good health of body, and of sound and disposing mind and memory (praised be God for the same), and being desirous to settle my worldly affiars whilst I have strength and capacity to do; Do make and publish my last will and testament, hereby revoking, annuling, and making void all will or wills by me at any time heretofore made. And first and principally, I resign my soul to its Creator, in all humble hope of its future happiness, as in the disposal of a being infinitely merciful and good, and my body I commit to the earth, to be interred at the discretion of my executors hereafter named; and as to such worldly estate wherewith it hasd pleased God to intrust me, I will and order it to be disposed of as followeth: -- Imprimis, I will that all my just debts and funeral charges be paid and satisfied. Item, I give and bequeath all that my plantation or tract of land, containing one thousand acres or thereabout, whereon I now reside, and which tract I purchased of Pickering Robison, Esq., known by the name of Vale Royal, situate near the town of Savannah in the province aforesaid; and also all that one other tract of land, containing two hundred and eighty-one acres or thereabout, being part of an island opposite the said town of Savannah, commonly called Hutchinson's Island (which I purchased of John Werreat), unto my cousin John M'Gillivray, now merchant at Mobile in West Florida (son of Farquhar M'Gilivray of Dummaglass, Esquire, near Inverness, in North Britain), and to the male-heirs of his body lawfully begotten, in that case I give and desire the said tracts of one thousand and two hundred and eighty-one acres of land, or whatever part thereof that I may die possessed of, unto my cousin William M'Gillivray (eldest brother now living of the said John M'Gilivray), and the heirs- male of his body lawfully begotten, I give and desire the said tract of one thousand and two hundred and eighty-one acres of land unto the eldest son of Archibald M'Gillivray of Daviot, near Inverness, and the eldest son of Farquhar M'Gilivray of Dalcrombie, also near Inverness, North Britain (then living), to be equally divided between them by my hereafter named executors, to them and each of their heirs for ever. Item, I give and bequeath the use of all my household furniture and goods, negro slaves and stock, unto my said cousin John M'Gillivray during his life; and in case my said cousin John M'Gillivray shall die without issue male of his body lawfully begotten living, his said brother William M'Gillivray. In that case, I give and bequeath all my said household furniture and goods, negro slaves, stock and personal estates aforesaid, unto my said cousin William M'Gillivray, his executors, admnistrators, and assignees forever. But my will is, that in case my said cousin John M'Gillivray shall survive his brother William, and have issue male, shall go to his issue female living at his death, equally to be divided between them, share and share alike; and for want of such issue female, shall go to the executors, administrators, and assignees of the said John M'Gillivray foresaid: -- My will, meaning, and intention being, that no part of the said real or personal estate, herein mentioned, shall go to rest in, or become the property of my executors, except as herein after mentioned, but rather (if the said John M'Gillivray shall survive his said brother William, and die without issue as aforesaid, if the said personal estate cannot, by the rules of law, go in a manner as I have herein before given and bequeathed it) shall go in a course of distribution to my nearest of kindred. Item, I give and bequeath unto my natural son Alexander M'Gillivray (now apprentice to Messrs Inglis and Hall, merchants in Savannah aforesaid) the sum of one thousand pounds sterling, to be paid to him at his age twenty-three years, computing his birth from the fifteenth day of December, which was in the year of our Lord one thousand seven hundred and fifty inclusive. And my will is, in case of my decease before my son attains to that age, the said sum of one thousand pounds sterling shall be placed out at interest (upon good and sufficient security) by my executors hereafter named, for the use and benefit of my said son; and so much of the yearly produce thereof, as my said executors shall think fit, shall be by them paid and applied for providing him with clothes and other necessaries, as my executors shall think may be of the most advantage of my said son; and in case my said son shall happen to die without leaving issue male of his body lawfully begotten, then, and in such case, my will is, and I do hereby order and appoint, that the sum of one thousand pounds aforesaid, shall go and be paid by my said executors to to the oldest son living of my sister Jean M'Gillivray, of the shire of Inverness, in North Britain aforesaid; and my cousin Farquhar M'Gillivray, brother to my cousin John M'Gillivray aforesaid, now at Mobile, in West Florida, share and share alike, to them and to their respective heirs forever. Item, I give and bequeath unto my cousin Alexander M'Intosh, at Mobile and the Indian Countrys, merchant, one hundred pounds sterling, to buy him a suit of mourning and ring. Item, I give and bequeath unto Lachlan M'Gillivray, son of Archibald M'Gillivary of Daviot, near Inverness, North Britain aforesaid, the sum of five hundred pounds sterling to him, his heirs, executors, and administrators for ever. Item, I give and bequeath unto my loving friend William Struthers, now at Mobile, merchant in West Florida, the sum of two hundred pounds sterling; and it is my will that if the said William Struthers die before me, that the said sum of two hundred pounds sterling go to my son Alexander M'Gillivray herein before named. Item, I give and bequeath unto Daniel M'Gillivray, now of Augusta (in the employ of James Jackson and Company, merchants there), the sum of one hundred pounds sterling shall go to the second son living of my sister Jean M'Gillivray, near Inverness, North Britain, before named. Item, I give and bequeath unto the eldest son living, at my decease, of John Graham (merchant in Savannah aforesaid), the sum of two hundred pounds sterling to him, his executors, and administrators for ever. Item, I give and bequeath unto James Barnard, eldest son of Edward Barnard, of Augusta aforesaid, of Augusta aforesaid, the sum of two hundred pounds sterling to him, his heirs, executors, and administrators for ever. Item, I give and bequeath unto Elizabeth Burrington (daughter of Thomas Burrington, deceased of Savannah, attorney-at-law), the sum of one hundred pounds sterling, to be laid out at my decease in female negroes for the use of the aforesaid Elizabeth Burrington; and my will is, that in the case the said Elizabeth Burrington shall die before me, the said one hundred pounds sterling shall go to her youngest brother now living Thomas Burrington, to him and his heirs for ever. Item, I give and bequeath unto my loving friend George Galphin, of Silver Bluff, in South Carolina, merchant, in token of my esteem, the sum of fifty pounds sterling to buy a suit of mourning and a ring. Item, I give and bequeath unto Mr. John Rae, of Rae's Hall, in the province of Georgia aforesaid, and to Catherine his wife, and Mrs. Jean Sommerville their daughter, to each of them, a mourning ring, of the value of three pounds ten shillings sterling each ring. Item, I give and bequeath unto Temar Oates, daughter of John Oates, overseer of my plantation of Vale Royal, near Savannah, in the province aforesaid, all that family of negroes, namely Tom, his wife Grace, and son March, with their increase, to her and heirs-male of her body lawfully begotten, for ever; but in case of failure of such heirs, I give and bequeath the said family of negroes unto my herein before named son Alexander M'Gillivray. Item, I will and demise unto the said Miss Temar Oates, daughter of the said John Oates, all that garden lot of land west of the town of Savannah (which I bought from Mr. George Galphin), known by the number eleven during her natural life, and upon her decease, it shall go to my herein named son Alexander M'Gillivray. Item, I give and demise unto my cousin James M'Intosh, in West Florida, the sum of five hundred pounds sterling, to him and his heirs for ever. Item, I give and bequeath unto John Oates, overseer of my plantation of Vale Royal, herein before mentioned, the use of one negro young man, know by the name of Paul, during his natural life; and my will is, that in case the said negro do survie the said John Oates, the aforesaid negro Paul shall go to my herein before mentioned relation Daniel M'Gilliivray. Item, I will and devise unto ///// Item, All the residue of my eseate, of what nature or kind soever, that I may be possessed, of or entitled to at the time of my decease, not herein before by me given, devised, bequeathed, and disposed of, I will and order the same in manner following: -- That is to say, one-fifth part thereof unto my aforesaid son Alexander M'Gillivray one other fifth part unto my said cousin John M'Gillivray; one other fifth part unto the children (then living) of my before mentioned sister Jean M'Gillivray, share and share alike, equally between them; one other fith part unto my cousin William M'Gillivray, in North Britain, herein before named; and the remaining fifth part unto my worthy friends John Graham and Alexander Inglis, merchants in Savannah, in the province aforesaid. I do hereby nominate, consittute, and appoint the Honorable James Habersham, Esq., President of His Majesty's Council, my friends and partners John and James Graham, merchants, and my cousin John M'Gillivray, merchant in Mobile, West Florida, executors of this my last will and testament, and give to each of my said executors the sum of twenty pounds each for a mourning suit and ring: In witness whereof, I the said Lachlan M'Gillivray have set my hand and seal this twelfth day of June 1767.-- Sealed, &c.

N.B. -- Smithfield, lately purchased by me, not yet disposed of; supposed to be worth ////