"Item—It is my will and desire that all my just debts and funeral expenses be first paid by my Executors hereafter named, who are desired to bury my body in a decent, Christian-like manner.
"Item—It is my will and desire that my Lots and Houses in this Town be sold and converted into money for as much as they will bring, that with all my other estate being sold and what of my out-standing debts that can be collected, I give and bequeath unto my beloved sister Mary Young, and her two eldest children and their heirs in Arbiglon in Parish of Kirkbeen in Stewartry of Galloway, North Brittain, forever. I do hereby empower my Executors to sell and convey the said land, lots and houses and make a fee simple therein, as I could or might do in my proper person, and I do appoint my friends Mr. William Templeman and Isaac Heislop my Executors to see this my will executed, confirming this to be my last will and testament. In Witness whereof, I have hereunto set my hand and fixed my seal as my last act and deed this 22nd day of March, 1772.
"WILLIAM PAUL (Seal)."
"William Paul having heard the above will distinctly read, declared the same to be his last will and testament in the presence of us:
"JOHN ATKINSON,
"THOMAS HOLMES,
"B. JOHNSTON."
William Paul evidently died in 1774, instead of 1773, as all the biographers of his famous brother have it, and the will was accordingly probated, as will be seen from the following transcript of the court records:
"At a Court continued and held for Spottsylvania County, December the 16th, 1774.
"The Last Will and Testament of William Paul, deceased, was proved by the oaths of John Atkinson, a witness thereto, and ordered to be certified, and the Executors therein named refusing to take upon themselves the burden of the execution thereof, on the motion of John Atkinson who made oath and together with John Walker, Jr., his security, entered into and acknowledged their bond in the Penalty of Five hundred Pounds as the law directs. Certificate is granted him for obtaining letter of administration on the said decedent's estate with his will aforesaid annexed in due form."
In further support of these facts, the grave of William Paul was recently discovered in St. George's churchyard, Fredericksburg, and his tombstone bears the date of 1774. This effectually disposes of Colonel Buell's contention. For whatever reason John Paul assumed the name of Jones it was not in testamentary succession to William Paul; for William Paul kept his inherited surname to the last.
It occurred to me that John Paul might have been empowered to represent his sister in the settlement of his brother's estate. A power-of-attorney which would have enabled him to attend to her affairs would not necessarily have been registered in the Scottish or American courts; yet, knowing the methodical habit of the Scottish bar, I caused search to be made in the private papers and records of those local advocates who might possibly have handled the business in Scotland; but with no results so far.