1791 - Duncanson to Betty - Fredericksburg, VA

Dublin Core

Title

1791 - Duncanson to Betty - Fredericksburg, VA

Date

Manumission Item Data Item Type Metadata

Date

03/25/1791

Manumitter

Manumitted

Number of Persons

1

Text of Freedom Document

I James Duncanson of the Town of Fredericksburg and County
of Spotsylvania, being weak in body, but of sound mind and disposing
memory, do make and ordain this my last will and Testament in manner
and form following--That is to say, I give and commend my soul into
the hands of Almighty God, my precious Creator, trusting in the merits
of my dear and blessed redeemer, and as to my body it is my will
and desire that It be interred in a plain and decent manner & with
as a great a degree of Convenience to my surviving friends as possible
in the old Church Yard and as near the spot as can be ascertained
where the remains of my dear brother Robert Duncanson and my
five Children are deposited, and that my much Esteemed friend
Mr James Maury of Liverpool, be immediately informed by my
Executors of the precise time, or day of my death, who has instructions
from me to send in a plain stone to cover my remains--and
touching such worldly Estate as It has pleased god to bestow on
me I bequeath in the manner & form following
I give to my dear wife Mary Duncanson her heirs and Assigns
forever my two slaves Cato and Lucey both of whom came by her
all my houshold and Kitchen furniture and any pleasure Carriages
with the Harness thereunto belonging that I may be possessed
of at my death and two of my best Horses, I likewise give &
bequeath to my wife her heirs and Assigns forever my back Lott
number Twenty one which I purchased of Mr William Jackson
upon the following Conditions to wit that at her death or at any
time before her death which she may think proper, she give and
bequeath this lott number Twenty one, and also the front or street
lott number Twenty two (the latter of which will revert to her at
the death of Mrs Ann Finnie agreeable to Docto. William
Lyns will a Copy of which may be found among my papers) to one
or more of my Children--But should she dispose of either of
the aforesaid lotts number Twenty one or Twenty two otherwise than
to one or more of her Children by me, in that case the aforesaid lott
number Twenty one shall revert to my Estate, and shall be divided
among my Children as I shall hereafter direct, my meaning & intention
is that my wife shall have a fee simple in my lott number Twenty one
on the express Conditions above mentioned, as soon as she is intitled by the
death of Mrs Finnie to take possession of Lott number Twenty two
and not before. Mrs Finnie s wife to the present James Finnie who I
am told lives somewhere over the Ridge in this State, & daughter to
the late Docto. William Lyn formerly of Fredericksburg, and from
Mrs Finnie I purchased her life Interest in lot number Twenty
Two as will more full appear by Finnie & wife deed to me among
my papers--My will and desire is that all my Just Debts
British as well as Country be discharged as soon as possible after
my decease and to enable my Executors to discharge this trust
I hereby empower them to sell and dispose of any part of my
Estate real or personal which they shall judge most conducive
to the Interest of my Family except such part of my property
as I have already or may hereafter dispose of by this my will

113
I order and direct that my Executors pay to my sister in law Mrs
Elizabeth Duncanson of Forress in Scotland thro. the hands of Mr
James Maury of Liverpool an annuity of Twenty Guineas per
annum out of my Estate during her natural life to commence from this date and any ballance which may be due her an amount of the said
Annuity at my death, may be punctually remitted my friend Mr. Murray
to be applied to her use. It is my will and desire that my mulatto slave
Betty may be set free immediately after my death for and in consideration
hers & her mothers faithfull services and It being the earnest
request of her said mother on account of her being sick and infirm
and totally incapable of Hard labour, indeed the Estate will sustain
little or no Loss by her Freedom.

The residue of my Estate of what Kind soever It is my will
and desire shall be equally divided among my four Children namely
Finolla Urquahart, James Duncanson Polly & Ann Duncanson, but I
positively and expressly direct that no Division of of my Estate shall take
place untill my son James Duncanson shall arrive at the age of
Twenty two Years, or in case of his death for that period the division
not to be made before the month of May One thousand seven hundred
and ninety seven but that the whole may be Kept together for the
support and maintainance of my Family and the Education of my three
Youngest Children, except such part as may be requisite for the
payment of my debts or other purposes mentioned in the will, the sum
of Two hundred pounds specie current money of Virginia I desire
shall be deducted from my Daughter Finnolla Urquharts portion
of my Estate on Account of the property I have already given to
her and her husband Mr Charles Urqhart and prior to the
final division of my Estate It is my will and request, that my Dear
wife may be consulted provided she stands to this will, and
Continues a widow to that period & if she is of opinion that her
property I have devised her together with the Lotts and Houses she
will hold in her own right at the death of her Aunt Mrs Fionia
is adquate to her comfortabe support my desire is that the [illegible]
I have named as my Executors whether they all qualify or not
may make such other provision out of my Estate as a majority
of them may Judge sufficient for her genteel support during
her widowhood this I think the more necessary as the rents of
Houses are very precarious in Fredericksburg require frequent
repairs and moreover are of such a perishable nature, that the whole may
be reduced to ashes in an hour I desire all dues & [illegible]
which I may be in debted to the Fredericksburg Lodge at my
decease as a member of said Lodge may be paid in full
to the day of my death.

And Lastly I constitute and appoint my beloved wife Mary Duncan
=son and my son in law Mr Charles Urqurhart my friend Mr James
Lewis of Spotsylvania County & Mr James Robb also my much
Esteemed friends and [illegible] Edward Stevens &
the Reverend Mr James Stevenson Executors to this my last
Will and Testement and General Stevens guardian to my son
James Duncanson during his minority

I am exceedingly interrested and anxious that my good friend
Lewis should qualify if he can do so with any convenience, as I not only
entertain the most perfect confidence in his honour & integrity (as indeed
I do of all the Gentlemen I have named) but his advice, abilities
Experience, and assistance, in the management of my Estate, both in Town
and Country, would be particularly usefull to my Family & desire
such liberal compensation may be made him for his services as
he may think the profits of my small Estate can afford, so that
I hope he will comply with this my last request, more especially
as I am apprehensive my worthy friend General Stevens, cannot
(engaged as he is in so much business of his own) take any active
part in my affairs, but from our long and Intimate friend ship
I can full rely upon his advice and assistance, upon all
Occasions when the interest of my family require it
This will is made by my own hand this 2nd day
of March 1790
James Duncanson

As It has pleased almighty God since writing the above will to
deprive me of my dear wife I find it necessary to annex the following
additions and Alterations, as a Codicil to this my last will & Testament Viz.

I give and bequeath to my worthy mother in Law Mrs
Hannah McAuley (on whom will devolve the care of my three Youngest
Children) my stone house with the Kitchen & Garden, and the other Im=
provements, part of lott number twenty two on the main street as it is at
present laid off pailed in, & inclosed including part of my Lott
number Twenty one in the back part of the Garden also the use of
the following slaves Cato. Lucey. Maria. mulatto Isabella, & her two
Grand children Liza & Lewis, also all my household and Kitchen
furniture Books &c together with any pleasue carriage I may die
possessed of with the harness belonging to it also Two of my best
Horses, during her Natural life--and after her decease It is
my will and desire that the above named slaves Cato Lucy Maria
Mulatto Isabella & her two Grand Children Liza & Lewis with
their future Increase, together with my household and Kitchen
furniture books &c with the pleasure carriage & Harness and the
two carriage Horses, may revert to my son James Duncanson
his heirs and Assigns forever, I also give and bequeath to
my son James Duncanson all my landed Estate in Culpeper County
which I hold together with Three hundred acres of Land more or
Less adjoining my present Tract for which I am at this time
in [treaty?] for with John Berkley of Culpeper--But should
I not die seized of the above mentioned Tract of Three hundred
Acres of Land more or less, It is my will and desire that my
Executors effect the purchase as soon as possible after my Decease
the payment of the aforesaid tract of Land of three Hundred acres
more or less, I do fulloy authorise them to sell and Dispose
of the following slaves Jack alias Jonathan Daniel
Frank and Celia, with all the public Securities I may

115
die possessed of and in care the said four slaves, with the Certificates on
public Securities above subjects, should prove deficient, It is my will
and desire that any Ballance that may be wanted may be made up
out of the profits of my Estate--But should my Executors neglect
or be disappointed in making the purchase of the Land in Question
of John Barkley in Culpeper for the benefit of my son, then I give
and bequeath to my son James Duncanson the aforesaid four slaves
Jack alias Jonathan Daniel Frank and Celia, together with
all the public Securities I may die possessed of to him his heirs &
Assigns forever, to enable him to purchase some other land, as
Convenient as it can be prosecuted, to my present tract in Culpeper
or to assist him in Stocking and settling plantation &c when a
final division of my Estate take place, I also give and bequeath to
my son James Duncanson after the death of his Grand mother Mrs
Hannah McAuley all that part of my lotts numbers 21 & 22 [illegible]
Mrs Heaths at present occupied by Mr Pearson the Hatter, as they
are at present laid off & inclosed with all the Improvements thereon
But as my right in the front Lott number Twenty two will expire with
the life of Mrs Ann Finnie (of whom I purchased this lott during her
natural life as will more fully appear by a deed made to me by her
and her Husband James Finnie recorded in Spotsylvania Court
as mentioned in the body of my will) and to prevent any disagreement
or misunderstanding that may arise among my Children after my
decease, which I am exceedingly anxious to guard against so far as
I have it now in my power, I Judge It necessary to stipulate
that my son James Duncanson shall hold and enjoy all the
Estate I have now bequeathed him by this Codicil to my last will
which I hold in my own right and [text obscured] that part of my lotts number
Twenty one and twenty two now bequeathed him after the death of
his grand mother Mrs Hannah McAuley on the express condition
that he shall wave and relinquish all right title and Interest
in every other part of my estate which I hold in my own right
except such part of my estate as I now have bequeathed to him by this
Codicil to my last will, and that he also relinquish all right &
title and Interest in every other part of my lott number Twenty two
except that part of the said lott number Twenty two, now bequeathed
to him by this codicil to my last will an equal proportion of which
would revert to him, with his three sisters as Joint heirs of their
deceased mother after the death of their Grand mother Mrs Hannah
McAuley and Mrs Ann Finnie but should my son James Duncanson
Contrary to this my will and deire not be satisfied with the part of
the lott Number 22 which I have bequeathed him, & [illegible] to
insist upon an equal proportion in the whole of the said lott
It is my will, that he shall forfeit all the Estate I have left
him by this Codicil and share alike with his three sisters
in the whole of my Estate, but upon the other hand should
my Daughters or their legal representatives refuse to Confer
to my son a proper right and title in the part of the Lott

Number Twenty two which I have bequeathed him in this Codicil
to my will, in that case my desire is that my son shall not only hold all
the Estate which I have by this Codicil bequeathed him, but also share
alike with my three daughters in the other part of my Estate alloted to
them, or share alike with such as any of my said Daughters, as shall
or may object or refuse to Comply with this my will and request

My will and desire is that my two Daughters Polly Duncanson
and Ann Duncanson shall have their Choice of a negro girl each
out of my Estate, as soon as they please after my Decease, which I
give to them their heirs and Assigns forever, the value of the said
negroes to be deducted out of their proportions when a final
division of my Estate takes place, The negroes my said daughters
may choose are to be taken out of those slaves which I have
not otherways disposed of by this will or Codicil, and the value
of them to stand and be fixed by the Appraisements for it is my will
and desire that all my personal Estate both in Fredericksburg
and in the County of Culpeper, may be appraised as soon after
my death, as my Executors can make it Convenient

The residue of my Estate of what kind soever it is my
will and desire shall be equally divided among my three daughters
Finnella Urquhart and Polly Duncanson & Ann Duncanson subject
to a deduction as expressed in my will on the part of my daughter Finnella
Urquhart of Two hundred pounds specie current money of Virginia
in lieu of the property already given to her and her Husband
Mr Charles Urquhart--and that my son James Duncanson
and his three Sisters be equally subjected, in their several
proportions to the payment of all my debts & legacies as expressed
in my will and that the final division of my whole Estate
take place at the period named in my will and not before

I desire all the profits of my Estate may be applied
to the maintainance and support of my worthy mother in Law
Mrs Hannah McAuley and to the support Education & maintainance
of my three Youngest Children James Duncanson Polly
Duncanson and Ann Duncanson, untill a final division of my
Estate take place, & above all to the payment of my Just debts
that as small a proportion of my Estate as possible may be
sold for that purpose--Every part of my will not altered
Contradicted or Cancelled by this Codicil is to remain in
full force and firtue and I do hereby revoke all former wills
made by me, ant that this will & Cocicil, is to be received
and considered as my last will and Testament all of which is
wrote by own hand--And Lastly: in addition to my
Executors named in the body of my will I constitute and
appoint my good and worthy mother in Law Mrs Hannah
McAuley my son James Duncanson so soon as he arrives
to the age of Twenty Years my friends Mr David Blair
and Mr James Blair both of Fredericksburg
and Mr Robert Slaughter of [Grange?] in Culpeper
Executors to this my last will and Testament

117
This Codicil to my will is made by own Hand this 3d day
of November one thousand seven hundred and Ninety
James Duncanson

At a Court of Hustings held for the Town and Corporate body of Fredericksburg
on Friday the 25th Day of March 1791. The last will and Testament of
James Duncanson decd. together with the Codicil thereunder written was produced
in Court by Charles Urquhart & James Blair two of the executors therein named
and there being no witnesses to the sd. will David Blair & James Blair being sworn
severally deponed that they were well acquainted with the Testarors hand writing &c
verily believe that the sd. will & Codicil and the name thereunto subscribed
are act of the sd. Testators proper hand writing, whereupon the sd. will & Codicil
are ordered to Recorded, and on the motion of the sd. Executors who swore
oath thereto as the Law directs, Certificate is granted them for obtaining a
Probat thereof in due form: Liberty is reserved for the Executors in the
said will named to join in the probat when they shall think fit.
Teste John Chew Clerk






Record Location

WB A:112

Document Type

Last Will & Testament

Files

Citation

“1791 - Duncanson to Betty - Fredericksburg, VA,” Manumission Project, accessed August 15, 2026, https://manumissionproject.omeka.net/items/show/4125.