Spotsylvania Co., VA
Will Book D, p. 44
In the Name of God Amen I Anthony FOSTER of the County of Spotsylvania being Sick and Weak in body but of sound & in perfect Mind and Memory, thanks be to Almighty God for the same, Do make and ordain this my Last Will & Testament in Manner & form following. Imprimis first I Recommend my soul to Almighty God Hoping for pardon & Remission of all my sins through the Merit and Mediation of my Blessed Lord and Saviour Jesus Christ, & my Body I desire may be buried in a Christian Like manner at the Discretion of my Executors hereafter named.
Item. I give to my son Thomas FOSTER one Negro woman named Phillis & one child of woman, both which sd. Negro & child he has now in his possession, to him & his heirs forever~
Item. I give & Bequeath unto my son in Law James FRAZER, one Negro Girl named Jenny, to him & his heirs forever~
Item. I give & Bequeath unto my Grandson Anthony BARTLETT, one Negro girl named Sarah, and to my Grandson Edmund BARTLETT one Negro man named Sancho, to them and their heirs forever. But in case the sd. Anthony and Edmund BARTLETT should die before they attain to Lawfull age, or without issue Lawfully begotten, the sd. negro or negros to go to the next Lawfull heir of Thomas BARTLETT, the father of the sd. Anthony & Edmund, Which Heir shall be Lawfully b’gotten by Mary, the Present Wife of the said Thomas BARTLETT, and in case of Default of such issue, then the said Negros and their increase to go to my son Thomas FOSTER & his Heirs forever. The said Thomas BARTLETT & Mary his wife having the use of the aforesaid Negros during their natural lives~
Item. I give & Bequeath unto my Grandson Anthony CRUTCHER one Negro Girl named Judy, now in the possession of his father Thomas CRUTCHER, and to my Grandson Thomas CRUTCHER one Negro Girl named Frank, which is likewise in the possession of his Father Thomas CRUTCHER - But in case the said Anthony & Thomas CRUTCHER should both die before they attain to lawfull age, or without issue Lawfully begotten then I give the said Negro’s & their increase to the Heirs of Thomas CRUTCHER by his present wife Martha, and in case of Default of such issue, Then I give the said Negroes & their Increase to my son Anthony FOSTER & his heirs forever, the said Thomas CRUTCHER and Martha his wife having the use of the said Negros During their Natural Lives~
Item. I give & Confirm all the Estate heretofore given to my son Anthony FOSTER, now in his possession, to him & his heirs forever.
Item. I give to my Grand-Daughter Mary FOSTER, Daughter of Edmund FOSTER, one Tract of Land, lying & being in the County of Spotsylvania, Containing about one hundred & Eighty Seven Acres, formerly called & known by the name Red-hills. (She having already a deed from me for the Same, tho not yet Recorded), to her & her heirs forever.
Item. I give and bequeath unto my Grandson Henry FOSTER the Land and Plantation Whereon his Father John FOSTER now lives~containing about five hundred acres, more or less, it being all the Land I hold on the upper, or west side of the Pamunkey road & adjoining to my son Anthony FOSTER’s Land, to him & his heirs forever~
Item. I give & Bequeath unto my son John FOSTER one Negro Woman named Sue, which he has now in his possession, & one negro boy named (Titus?), to him & his heirs forever.
Item. I give & Bequeath unto my Wife’s Daughter Sarah SPARKS one Cow & Calf to her & her heirs forever.
Item. I Lend to my Wife Sarah FOSTER During her ~ Natural Life and Widowhood, one Negro man named Sam and one Negro Woman named Tenner But in Case she should Marry or after her Death which ever first shall happen, then the sd. Negro Woman & her Increase, I give to my son John FOSTER & his heirs forever & the said Negro Man Sam to my son ~ Anthony FOSTER & his heirs forever. Also I give to my Said Wife her Choice of a Feather bed & furniture, two Cows & Calves & any one of my horses or Mares, to her & her heirs forever.
Item. I give & Bequeath unto my Grandson Robert FOSTER, son of Thomas FOSTER, a Tract or parcel of Land lying & being in the County of Spotsylvania, on the Lower, or East side of the Pamunkey road & on both sides of the Beaver Dam run Containing about two hundred acres, more or less, it being all the Land I hold on that side of the sd. Road, to him & his heirs forever~
Item. (After all my Just Debts & funeral Expenses are fully Satisfied & paid), I give all the Remainder of my Estate (not heretofore given) to my son John FOSTER, his heirs ...?.. forever~
And Lastly I Nominate, Constitute, Ordain & appoint my son Anthony FOSTER & my son in Law James FRAZER Whole & sole Executors of this my Last Will & Testament, herely revoking all other wills by me heretofore made & Confiming this only to be my Last Will & Testament.
In Witnesses whereof I have hereunto set my hand and affixed my seal this fourth day of February, one Thousand Seven Hundred & Sixty Three ~
Signed, Seal’d & Published
In Presence of
In Court held for Spotsylvania County on Monday July the fourth The last will and testment of Anthony FOSTER Dec’d was Exhibited......Anthony FOSTER and James FRAZER Executors therein named and on the oaths of Isaac DARNALL and Edward HERNDON witnesses thereto, and was recorded and the said Executors took the usual oath and gave bond with ..?... and Joseph HOLLADAY their securities~
Contributed by The Watkins Cousins