Several years ago I contacted the county clerk of Amherst County, Virginia and asked for a copy of original will of James Martin. Following is the transcribed document. It is found in the Amherst County Virginia Will Book 1, page 279. The will is written on September 25, 1771 and presented in court on March 6, 1775. The 1748 Probate Statute of Virginia required a waiting period of 14 days after a testator’s death before a will could be proved in court. That would put James’ death at February 20, 1775.

 Will of James Martin

In the name of God Amen, I James Martin of the Parish and County of Amherst, being in perfect health and of sound memory but calling to mind the mortality of my body and that it is appointed to all me once to die do make this my Last will &Testament. Revoking all other and former wills by me here tofore made. And in the first place I recommend my soul to God who gave it & my body to the Earth to be peacefully interred at the discretion of my Executors herein after mentioned and for such worldly goods as it hath pleased God to bless me with in this life. My will and desire is that they be disposed of in the following manner, that is to say I will that all my personal Estate of what kind so ever there shall be, shall be sold by my Executors and that all of the money rising by the sale thereof all my just debts and funeral charges shall be paid and satisfied.

Item, I give and bequeath to my son Azariah Martin, the tract of land heron I now live, lying on the North Branch of Rock Fish River containing three hundred and sixty acres and my four negro slaves to iwit: Tom, Jane, Issac & Betty and the future increase of the said Jane & Betty to hold to him and his heirs forever & allso, I give to him one feather bed furniture, two (cows? unreadable) and all my tables, chairs, three iron pots & looking glass.                      

 Item, I give and bequeath to my son John Martin and his heirs forever my three Negro slaves Sarah, Buck and young Chancy and their future increases.

Item, I give and bequeath to my son William Martin and his heirs forever, my four Negro slaves James, Lucy, Nathan, and old Chancy and their future increases of the said Lucy and Chancy.

Item, I give and bequeath to my son James Martin & his heirs forever my four Negro slaves Ann, John, Bob and Rachel and their future increases of the said Ann and Rachel.

Item, I give and bequeath to my son David Martin and his heirs forever my three negro slaves Manchester, David and Patty and the future increases of the said Patty.

Item, I give and bequeath to my son-in-law William Terrell Lewis ten pounds current money.

Item, I give and bequeath to my son-in-law Thomas Anthony twenty pounds current money.

Item, it is my desire that the ten pounds given to William Terrell Lewis and the twenty pounds given to Thomas Anthony be paid out of the sale of my personal estate and if there should be money wanting to make up the difference above mentioned that my sons David, John, James, William and Azariah Martin each of them pay an equal part to make up the said sums of ten pounds to William Terrell Lewis and twenty pounds to Thomas Anthony.

Whereas I have given to my son Obadiah Martin my bond for one hundred and sixty five pounds two shillings payable at my decease which I gave him as his part of my Estate & it is my desire he shall have no more.

I allso give my son Azariah Martin my two negros Emily & Betty and their future increases to him and his heirs forever – Allso I give to my son James Martin and his heirs forever my negro slave Milly and her future increases. Allso I give to my son William Martin my Negro slave Sam to him and his heirs forever.

It is my desire that my sons Azariah, James and William Martin do pay the above mentioned sum of one hundred and sixty five pounds two shillings to my son Obadiah Martin in consideration of their Last mentioned Legacies, and their Last mentioned Legacies shall be valued by three indifferent persons and Each of them the owed Azariah, James & William Martin shall pay in proportion to the value of their Legacies

And Lastly I appoint my three sons William, James & Azariah Martin to be Executors of this my Last will & Testament. In witness whereof I have signed below and published this as my last will and Testament this 25th day of September 1771. Note that in the bequest to James Martin my negro Bob is Interlined.

Signed Sealed and 

In the presence of

Frank Meriwether                                                                            James Martin 

William Depriest

Samuel Colwell

The will was presented in the Amherst County court by William, James and Azariah on the sixth day of March 1775.