Will: William Tyler Senior

WILLIAM TYLER SENIOR Will

Prince William County Will Book L., pg. 9

14 Sep 1816; proved 04 Nov 1816

I WILLIAM TYLER SENIOR of the county of Prince William do make the following my last will and testament as follows.  It is my will and desire that my estate consisting of lands, negroes & stock should be kept together and worked and managed as it has been heretofore by myself for the term of six years from the first day of next January and the proceeds of the crops to be applied to the payment of all my just debts & the support and education of my children.  It is my desire that my Executors herein after named or their survivors shall keep regular accounts for what each child has from the estate towards their board, cloathing and education and at the general distribution to let each childs account be deducted out of their part of my estate, if at the expiration of the above mentioned six years my executors or a majority of them should think it more for the interest of the estate for it to be kept still longer together.  I hereby empower them to keep it together and undivided for the further space of two years longer and then to divide it equally among my children living at the time, and if any of my said children should marry & die before the division of the estate & leaves children, that their child or children should have their father or mothers part.  It is further my will intention and desire that my executors should have full power and authority to sell the whole or part of either of the two tracts of land I purchased of ELISHA EVANS, and the Estate of the late RICHARD BRENT on cedar run if they in their judgment should think it for the advantage of my children or if my debts should make it necessary at any time before the general division of my property takes place; when the period arrives which my executors fixes on for a division of my property among my children, it is my will and desire that the negroes should be equally divided, and that they my executors shall use their discretion and judgment in the division of the lands that then belongs to the estate (that is to say) they may either lay off in equal proportions or sell them for the best price they can get and divide the money among my children or their heirs.  It is also my will & intention that when the general division of my property takes place that the whole of the stock & crop then on the estate should be sold and the proceeds equally divided as the other property is divided.  It is also my will and desire that if at any time before the division takes place my executors or a majority of them shall have full power to purchase any property either real or personal which they may think will benefit the estate, and any property so purchased is to be considered in the same situation as the property I die possessed of and lastly I constitute and appoint my friend JOHN LINTON, WILLIAM LINTON, WILLIAM TYLER, JUNR., & JOHN WEBB TYLER executors to this my last will.  It is my will and desire that the above named JOHN LINTON should be the principal and governing executor and his advise to be followed by the other executors.  In witness whereof I have hereunto set my hand & affixed my seal this 14^th day of September 1816.

WM. TYLER  {seal}

Signed, sealed & acknowledged in presence of

NATH. GRAY, JAMES W. WALLACE, GUSTAVUS B. TYLER

This my codicil to my will.  It is my wish and desire that my Executors furnish my servant JAMES with a horse the value of fifty dollars and that he be annually decently dressed.  It is also my wish and desire that my racing jockey club engagements be this fall complied with and forever after dissolved.  September the 26, 1816.

WM. TYLER

Witness,

JAMES W. WALLACE, GEO. G. TYLER

At a Court of Quarterly Sessions held for Prince William County Nov. 6, 1816.

This last will and testament of WM. TYLER decd. was returned to the Court and being proved by the oath of GUSTAVUS B. TYLER is ordered to be certified, and at a Court held by adjournment for Prince William County Decembr. 3^rd 1816, this last will and testament of WM. TYLER decd. was fully proved by the oaths of NATHANIAL GRAY and JAMES W. WALLACE and ordered to be recorded.  And on the same day a codicil to the Court in the last will and testament of the said WILLIAM TYLER decd. was presented to the court and being proved by the oath of JAMES W. WALLACE is ordered to be recorded, and WILLIAM LINGON one of the Exors. Named in the last will and testament of WM. TYLER decd. came into court and made oath to sd. Will and codicil thereto and having taken the oath of an Exor. and performed what is usual in such case certificate is granted him for obtaining a probate thereof in due form/

Teste, PHIL. D. DAWE