Joseph Frye - Will
Submitted by Dick Rush
Will of Joseph Frye
Will Book 28, page 113-114; Frederick County
Virginia
Dated 8 April 1866; Filed Frederick County Virginia 29 April
1866
I, Joseph Frye of Frederick County Virginia, do make my last
will as follows:
1) I direct that my just debts and funeral expenses
and charges of administration be paid
by my executors out of my
personal estate.
2) I direct that my executors shall procure suitable
tombstones for the graves of my decd
wives and myself.
3) I direct
that my executors shall, as soon as they think best after my death, sell
my cedar
creek farm as on such term of sale as they may think best
and divide into three equal shares and pay one third thereof to my
daughter Mary Magdaline Richards, one third to the descendants of
Drisilla Snapp, to take in the proportions that they would take under
the statute of distributions, and the other third to the descendants of
my daughter Rachel Burngardner to take in the proportions that they
would take under the statute of distributions.
4) I give to my
daughter Elizabeth Williams fifty dollars and to my daughter Judith B.
Snapp twenty-five dollars. I give these no more of my estate because I
have already given them property.
5) I direct that my home farm**
shall be equally divided between my two sons Eli J. Fry,
and Joseph
H. Fry, to who I give the same; but if my son Joseph H. Fry shall die
without _____ living at his death, his half of the farm is then to pass
to my son Eli J. Fry if living, or if he be dead to his descendants in t
he same proportions, as if it belonged to him and he died intestate, and
if said Eli J. Fry shall leave no descendants to pass to the heirs at
law of Joseph H. Fry.
6) I give the rest of my estate to my sons Eli
J. Fry and Joseph H. Fry to be divided
equally between them. But they
are to take good care of me so long as I live, and are not to be allowed
any charges for so doing against my estate.
7) I appoint my sons Eli
J. Fry & Joseph H. Fry and my nephew J. Bean Fry executors of
this my
will, and revoke all other will by me made.
In witness whereof I have
herewith set my hand and seal this 5th day of April 1866.
Signed
and acknowledged by this testor his
as his last will, in out
presence, who in the Joseph X Fry
presence of the testor, and at his
request mark
and in the presence of each other, have
subscribed
our names as witness thereto.
Josiah Keckley
William Rosenberger
Frederick County towit: July Tevist Hale
The Last will and
Testament of Joseph Fry decd – was produced in County & proven by the
oaths of Josiah Keckley & Wm Rosenberger subscribing witnesses thereto &
ordered to be recorded. Eli Fry & Jos. H. Fry two of the executors names
in said will in open Court refused to qualify executors thereof. On
motion of J. Bean another of the executors named in said will,
certificate for obtaining a probate thereof in due form is granted him,
whereupon he with Eli Fry & Jos. H. Fry as sureties entered into &
severally acknowledged bond in the penalty of five thousand dollars
($5000) conditioned according to law & took the oath prescribed by law.
By the County,
CWGililensble
Commissioner’s Office
April 29,
1866
** The home farm was where Joseph and his wife Catherine
lived. It was a tract of 237 acres that Joseph purchased on March 1,
1813 from the executors of Isaac Zane1 for $250 [Frederick County Deed
Book 35, pages 33-36]. According to the deed the land adjoined the
property of Jacob Cackly’s heirs and spanned several branches of “Hog
Creek”. The property was on the west side of the present Route 600 about
two miles north of St. John’s Church near the old Kackley homestead.
SOURCE: The Fry(e) s of Cedar Creek; Donald W. Kearney 10/01/84, rev.
08/22/87 from the Fry manuscripts at Stuart Bell Jr. Achieves at Handley
Library.
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