APPENDIX
I
WILL OF THOMAS MARSHALL, "CARPENTER"
In the Name of God Amen! I, Thomas Marshall of the County of Westmoreland of Washington Parish, Carpenter, being very weak but of perfect memory thanks be to God for it doth ordain this my last will and testament in manner and form following, first I give and bequeath my soul into the hands of my blessed Creator & Redeemer hoping through meritts of my blessed Saviour to receive full pardon and remission of all my sins and my body to the Earth to be decently bur-yed according to the discretion of my Executrix which hereafter shall be named. Imps. I make and ordain my well beloved wife Martha Marshall to be my full and whole Executrix—Item, I will that my estate shall remain in the hands of my wife as long as she remain single but in case she marrys then she is to have her lawful part & the rest to be taken out of her hands equally to be divided among my children—Item, I will that if my wife marry, that David Brown Senr. and Jno. Brown to be guardians over my children and to take the estate in their hands bringing it to appraisement giving in good security to what it is valued and to pay my children their dues as they shall come to age. Item—I will that Elizabeth Rosser is to have a heifer delivered by my wife called White-Belly to be delivered as soon as I am deceast—Item, I will that my son William Marshall shall have my plantation as soon as he comes to age to him and his heirs forever, but in case that my son William die before he comes to age or die without issue then my plantation is to fall to the next heir apparent at law.
| Thomas Marshall (Seal) | ||
| Test | Edw: Taylor, John Hearford, | |
| John Taylor. | ||
| Westmorld: ss. { | At a Court held for the said County the 31st day of May 1704. | |
The last will and testament of Thomas Marshall within written was proved by the oaths of John Oxford and John Taylor two of the witnesses thereto subscribed and a Probat thereof granted to Martha Marshall his relict and Executrix therein named.
Test
Ia: Westcomb Cler. Com. Ped.
Record aty: sexto die Juny:
1704. Pr.
Eundm Clerum.
A Copy. Teste:
Albert Stuart, Clerk.
By:
F. F. Chandler, Deputy Clerk.
[A Copy. Will of Thomas Marshall. Recorded in the Clerk's Office of the Circuit Court of Westmoreland County, in Deed and Will Book no. 3 at page 232 et seq.]
II
WILL OF JOHN MARSHALL "OF THE FOREST"
The last will and testament of John Marshall being very sick and weak but of perfect mind and memory is as followeth.
First of all I give and recommend my soul to God that gave it and my Body to the ground to be buried in a Christian like and Discent manner at the Discretion of my Executors hereafter mentioned? Item I give and bequeath unto my beloved daughter Sarah Lovell one negro girl named Rachel now in possession of Robert Lovell. Item I give and bequeath unto my beloved daughter Ann Smith one negro boy named Danniel now in possession of Augustine Smith. Item I give and bequeath unto my beloved daughter Lize Smith one negro boy named Will now in possession of John Smith. Item I give and bequeath unto my well beloved wife Elizabeth Marshall one negro fellow named Joe and one negro woman named Cate and one negro woman named pen after Delivering the first child next born of her Body unto my son John until which time she shall remain in the possession of my wife Likewise I leave my Corn and meat to remain unappraised for the use of my wife and children also I give and bequeath unto my wife one Gray mair named beauty and side saddle also six hogs also I leave her the use of my land During her widowhood, and afterwards to fall to my son Thomas Marshall and his heirs forever. Item I leave my Tobacco to pay my Debts and if any be over for the clothing of my small children. Item I give and bequeath unto my well Beloved son Thomas Marshall one negro woman named hanno and one negroe child named Jacob? Item I give and bequeathe unto my well beloved son John Marshall one negroe fellow named George and one negroe child named Nan. Item. I give and bequeathe unto my beloved son Wm. Marshall one negro woman named Sall and one negro boy named Hanable to remain in the possession of his mother until he come to the age of twenty years. Item I give and Bequeath unto my Beloved son Abraham Marshall one negro boy named Jim and one negroe girl named bett to remain in the possession of his mother until he come to the age of twenty years. Item I give and Bequeath unto my Beloved daughter Mary Marshall one negro girl named Cate and negro boy Gus to remain in possession of her mother until she come to the age of Eighteen years or until marriage. Item, I give and Bequeath unto my beloved Daughter Peggy Marshall one negro boy named Joshua and one negro girl named Liz to remain in possession of her mother until she come to the age of Eighteen or until marriage! Item. I leave my personal Estate Except the legacies abovementioned to be equally Divided Between my wife and six children last above mentioned. Item I constitute and appoint my wife and my two sons Thos. Marshall and John Marshall Executors of this my last will & testament In witness hereof I have hereunto set my hand and fixed my seal this first day of April One thousand seven hundred and fifty two. Interlined before assigned.
| Benjamin Rallins | } | John Marshall (Seal) |
| William Houston | ||
| Augustine Smith | ||
| Westmorland Sct. { | At a Court held for the said County the 26th day of May 1752. |
This Last will and testament of John Marshall decd. was presented into Court by Eliza. his relict and Thomas Marshall two of his Executors therein named who made oath thereto and being proved by the oaths of Benja. Rallings and Augustine Smith two of the witnesses thereto is admitted to record, and upon the motion of the said Eliza. & Thos. and their performing what the Law in such cases require Certificate is granted them for obtaining a probate thereof in due form.
Test
George Lee C. C. C. W.
Recorded the 22d. day of June 1752.
Per
G. L. C. C. W. C.
A Copy. Teste:
Frank Stuart, Clerk of the Circuit Court of Westmoreland County, State of Virginia.
[A copy. John Marshall's Will. Recorded in the Clerk's Office of Westmoreland County, State of Virginia, in Deeds and Wills, no. 11, at page 419 et seq.]
III
DEED OF WILLIAM MARSHALL TO JOHN MARSHALL "OF THE FOREST"
This indenture made the 23d day of October in ye first year of ye reign of our sovereign Lord George ye 2d. by ye. grace of God of Great Brittain France & Ireland King defendr. of ye faith &c. and in ye year of our Lord God one thousand seven hundred & twenty seven, between William Marshall of ye. County of King & Queen in ye. Colony of Virginia planter of the one part & John Marshall of ye. County of Westmoreland Virginia of the other part: WITNESSETH that ye sd. William Marshall for and in consideration of ye. sum of five shillings sterling money of England to him in hand paid before ye sealing & delivery hereof ye. receipt whereof he doth hereby acknowledge & thereof & of every part thereof doth hereby acquit & discharge ye. sd John Marshall his heirs Exectrs & administrators by these presents, hath granted bargained & sold & doth hereby grant bargain & sell John Marshall his heirs Exectrs administrs & assigns all that tract or parsel of land (except ye parsel of land wch was sold out of it to Michael Hulburt) scitute lying & being in Westmoreland County in Washington parish on or near Appamattox Creek & being part of a tract of land containing 1200 acres formerly granted to Jno: Washington & Tho: Pope gents by Patent dated the 4th Septbr. 1661 & by them lost for want of seating & since granted to Collo. Nicholas Spencer by Ordr. Genll. Court dated Septbr. ye 21st 1668 & by ye said Spencer assign'd to ye. sd. Jno: Washington ye 9th of Octobr. 1669 which sd. two hundred acres was conveyed & sold to Thomas Marshall by Francis Wright & afterwards acknowledged in Court by John Wright ye. 28th day of May 1707 which sd two hundred acres of land be ye. same more or less and bounded as follows beginning at a black Oak standing in ye. southermost line of ye sd. 1200 acres & being a corner tree of a line that divideth this two hundred acres from One hundred acres of Michael Halbarts extending along ye. sd southermost lines west two hundred poles to a marked red Oak, thence north 160 poles to another marked red Oak thence east 200 poles to a black Oak of ye sd. Halberts to ye place it began, with all houses outhouses Orchards water water courses woods under woods timbers & all other things thereunto belonging with the revertion & revertions remainder & remainders rents issues & yearly profits & every part & parcell thereof. To have and to hold ye. sd. land & premises unto ye. sd John Marshall his heirs Executors Administrs & assignes from ye. day of ye date thereof for & during & untill the full end & term of six months from thence next ensuing fully to be compleat & ended to ye. end that by virtue thereof & of the statutes for transferring uses into possessions ye. sd John Marshall might be in actual possession of ye premises & might be enabled to take and accept of a grant release of the same to him ye. sd John Marshall his heires & assignes forever. In Witness whereof the parties to these present Indentures interchangeably have set——hands & seals ye. day & year first above written.
| Wm Marshall (seal) | ||
| Signd. Seald & d'd in sight & presence of— | } | |
| Francis Lacon, Jane Lacon, Thomas Thompson | ||
| Westmorld. ss. } | At a Court held for the sd. County the 27th day of March 1728. | |
William Marshall personally acknowledged this lease of land by him passed to John Marshall to be his proper act and deed, which at the instance of the sd. John Marshall is admitted to record.
Test
G. Turbervile, C. C. W.
Recorded the 29th day of March 1728.
Pr.
G. T. C. C. W.
A Copy. Teste:
Frank Stuart, Clerk of the Circuit Court of Westmoreland County, State of Virginia.
[A copy. William Marshall to John Marshall. Deed. Recorded in the Clerk's Office of Westmoreland County, State of Virginia, in Deeds and Wills, no. 8-1, at page 276.]
IV
MEMORIAL OF THOMAS MARSHALL FOR MILITARY EMOLUMENTS
To the Honorable the Speaker and members of the house of Delegates, the Memorial of Thomas Marshall humbly sheweth.
That your Memorialist in Augt 1775 was appointed Major to the first minute Battalion raisd within this Commonwealth and early in October the same year enterd into actual service in which he continued during the following winter campaign. That while your memorialist commanded at the Great Bridge he was appointed Major to the 3d Virginia Continental Regimt he did not however retire from service but retaind his command and continued at his post till the latter end of March 1776 when the troops under his command were relieved by those of the continent rais'd in this State, by which time the 3d Virginia Regimt was rais'd and your Memorialist immediately called on to take command in it. That in Augt 1776 he together with the regiment to which he belonged in obedience to the orders they had recd began their march to New York, where they join'd the Grand-Army. That your Memorialist continued in hard and unremitting service from this time till the close of the campaign of 1777. That in the latter end of November 1777 your Memorialist was informed by an official letter from the then Governor, of his haveing been appointed by the General Assembly of Virginia to the command of the State regiment of Artillery;—a command he was only induced to take by a preference he ever felt for Artillery Service. That your Memorialist however retain'd his command and continued his service in the Northern Army till the end of the Campaign when the Troops were ordered into winter quarters. That your Memorialist then return'd to Virginia and about the middle of January following took command of his Regimt of Artillery, which command he rataind till the 26th of February 1781 at which time, the term of enlistment of most of the soldiers of the Regimt having expired, they were discharged and your Memorialist became a reduced officer. Your Memorialist conceived from the Laws existing at the time he enter'd into the particular service of this State and from the different acts respecting the State Troops which have since passd the Legislature, that he should be intitled to every emolument to which he would have had a just claim had he remaind in the Continental Service. If however only particular discriptions of State Officers are to receive such emoluments as Continental are intitled to, your Memorialist humbly presumes to hope that his haveing made three of the severest campaigns in the last war before he took command of the State Regimt of Artillery, his haveing rendered, as he trusts, some services as commanding officer of that Regiment, his haveing remaind in service till there was no longer a command for him, his having held himself in readiness to return to service, had his regiment been recruited, give him as fair a claim to military emoluments as any officer who has been in the particular service of this State. Your memorialist therefore humbly prays that your honorable house will take his services into consideration and allow him those emoluments which may be given to other State Officers whose services may not be superior to his.
T. Marshall.
A true copy
H. R. McIlwain,
State Librarian.
June 20, 1916.
[Marshalls Petn Nov. 25th 1784 Referred to Propositions Props. discharged and refd to whole on Bill for giving Commutation to Officers of 1st and 2d State Regiments.]