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Frees Slaves in Last Will and Testament

AND NOW

Having gone through these specific devises, with explanations for the more correct understanding of the meaning and design of them, I proceed to the distribution of the more important parts of my Estate, in manner following:

First To my nephew Bushrod Washington and his heirs (partly in consideration of an intimation to his deceased father, while we were Bachelors, & he had kindly undertaken to superintend my Estate during my Military Services in the former War between Great Britain and France, that if I should fall therein, Mount Vernon (then less extensive in domain than at present) should become his property) I give and bequeath all that part thereof which is comprehended within the following limits, viz: Beginning at the ford of Dogue run, near my Mill, and extending along the road, and bounded thereby as it now goes, and ever has gone since my recollection of it, to the ford of little hunting Creek at the Gum spring until it comes to a knowl, opposite to an old road which formerly passed through the lower field of Muddy hole Farm; at which, on the north side of the said road are three red, or Spanish oaks marked as a corner, and a stone placed.--thence by a line of trees to be marked, rectangular to the back line, or outer boundary of the tract between Thomson Mason & myself,--thence with that line Easterly (now double ditching with a Post & Rail fence thereon) to the run of little hunting Creek. thence with that run which is the boundary between the lands of the late Humphrey Peake and me, to the tide water of the said Creek; thence by that water to Potomac River. thence with the River to the mouth of Dogue Creek. and thence with the said Dogue creek, to the place of beginning at the aforesaid ford; containing upwards of four thousand Acres, be the same more or less; together with the Mansion house, and all other buildings, and improvemts. thereon.

Second In consideration of the consanguinity between them and my wife, being as nearly related to her as to myself, as on account of the affection I had for, and the obligation I was under to, their father when living, who from his youth had attached himself to my person, and followed my fortunes through the vicissitudes of the late Revolution; afterwards devoting his time to the Superintendence of my private concerns for many years, whilst my public employments rendered it impracticable for me to do it myself, thereby affording me essential services, and always performing them in a manner the most filial and respectful: for these reasons I say, I give and bequeath to George Fayette Washington, & Laurence Augustine Washington and their heirs, my Estate East of little hunting Creek, lying on the River Potomac; including the farm of 360 Acres, Leased to Tobias Lear as noticed before, and containing in the whole, by Deeds, Two thousand and Seventy seven acres, be it more or less. Which said Estate it is my Will and desire should be equitably, & advantageously divided between them, according to quantity, quality and other circumstances when the youngest shall have arrived at the age of twenty one years, by three judicious and disinterested men; one to be chosen by each of the brothers, and the third by these two. In the meantime, if the termination of my wife's interest therein should have ceased, the profits arising therefrom are to be applied, for their joint uses and benefit:--

Third And whereas it has always been my intention, since my expectation of having issue has ceased, to consider the Grand children of my wife in the same light as I do my own relations, and to act a friendly part by them; more especially by the two whom we have reared from their earliest infancy, namely: Eleanor Parke Custis, and George Washington Parke Custis. And whereas the former of these hath lately intermarried with Lawrence Lewis, a son of my deceased sister Betty Lewis, by which union the inducement to provide for them both has been increased; Wherefore, I give and bequeath to the said Lawrence Lewis and Eleanor Parke Lewis, his wife, and their heirs, the residue of my Mount Vernon Estate, not already devised to my Nephew Bushrod Washington, comprehended within the following description, viz: All the land North of the Road leading from the ford of Dogue run to the Gum spring as described in the devise of the other part of the tract, to Bushrod Washington, until it comes to the stone and three red or Spanish oaks on the knowl. thence with the rectangular line to the back line (between Mr. Mason & me) thence with that line westerly, along the new double ditch to Dogue run, by the tumbling dam of my Mill; thence with the said run to the ford aforementioned; to which I add all the land I possess west of the said Dogue run, and Dogue Crk. bounded Easterly and Southerly thereby; together with the Mill, Distillery & all other houses and improvements on the premises, making together about two thousand Acres, be it more or less.

Fourth Actuated by the principle already mentioned, I give and bequeath to George Washington Parke Custis, the Grandson of my wife, and my Ward, and to his heirs, the tract I hold on four mile run in the vicinity of Alexandria, containing one thousand two hundred acres, more or less, and my entire Square, number twenty one, in the City of Washington.

Fifth All the rest and residue of my Estate, real and personal, not disposed of in manner aforesaid. In whatsoever consisting, wheresoever lying, and whensoever found, a schedule of which, as far as is recollected, with a reasonable estimate of its value, is hereunto annexed: I desire may be sold by my Executors at such times, in such manner, and in such credits (if an equal, valid, and satisfactory distribution of the specific property cannot be made without), as, in their judgment shall be most conducive to the interest of the parties concerned; and the monies arising therefrom to be divided into twenty three equal parts, and applied as follows, viz:

To William Augustine Washington, Elizabeth Spotswood, Jane Thornton and the heirs of Ann Ashton; son, and daughters of my deceased brother Augustine Washington, I give and bequeath four parts; that is, one part to each of them.

To Fielding Lewis, George Lewis, Robert Lewis, Howell Lewis and Betty Carter, sons and daughter of my deceased Sister Betty Lewis, I give and bequeath, five other parts, one to each of them.

To George Steptoe Washington, Lawrence Augustine Washington, Harriot Parks, and the heirs of Thornton Washington, sons and daughter of my deceased brother Samuel Washington, I give and bequeath other four parts, one part to each of them.

To Corbin Washington, and the heirs of Jane Washington, son and daughter of my deceased Brother John Augustine Washington I give and bequeath two parts; one part to each of them.

To Samuel Washington, Frances Ball and Mildred Hammond, son and daughters of my brother Charles Washington, I give and bequeath three parts: one part to each of them. And to George Fayette Washington, Charles Augustine Washington and Maria Washington, sons and daughter of my deceased nephew, Geo: Augustine Washington, I give one other part; that is, to each a third of that part.

To Elizabeth Parke Law, Martha Parke Peter, and Eleanor Parke Lewis, I give and bequeath three other parts, that is, a part to each of them.

And to my Nephews Bushrod Washington and Lawrence Lewis, and to my ward, the Grandson of my wife, I give and bequeath one other part:--that is, a third thereof to each of them. And if it should so happen, that any of these persons whose names are here enumerated (unknown to me) should now be deceased, or should die before me, that in either of these cases, the heirs of such deceased persons shall, notwithstanding, derive all the benefit of the bequest; in the same manner as if he, or she, was actually living at the time.

And by way of advice, I recommend it to my Executors not to be precipitate in disposing of the landed property (herein directed to be sold) if from temporary causes the Sale thereof should be dull; experience having fully evinced, that the price of land (especially above the Falls of the Rivers and on the Western Waters) have been progressively rising, and cannot be long checked in its increasing value. And I particularly recommend it to such of the Legatees (under this clause of my Will) as can make it convenient, to take each a share of my Stock in the Potomac Company in preference to the amount of what it might sell for: being thoroughly convinced myself, that no uses to which the money can be applied will be so productive as the Tolls arising from this navigation when in full operation (and this from the nature of things it must be 'ere long) & more especially if that of the Shenandoah is added thereto.

The family vault at Mount Vernon requiring repairs, and being improperly situated besides, I desire that a new one of Brick, and upon a larger Scale, may be built, at the foot of what is commonly called the Vineyard Inclosure, on the ground which is marked out. In which my remains, with those of my deceased relatives (now in the old Vault) and such others of my family as may chuse to be entombed there, may be deposited. And it is my express desire that my Corpse may be Interred in a private manner, without parade, or funeral Oration.

Lastly, I constitute and appoint my dearly beloved wife Martha Washington, My Nephews William Augustine Washington, Bushrod Washington, George Steptoe Washington, Samuel Washington & Lawrence Lewis, and my ward George Washington Parke Custis, (when he shall have arrived at the age twenty years) Executrix and Executors of this Will and testament, In the construction of which it will readily be perceived that no professional character has been consulted, or has had any Agency in the draught; and that, although it has occupied many of my leisure hours to digest and to through it into its present form, it may, notwithstanding, appear crude & incorrect. But having endeavored to be plain, and explicit in all the Devises, even at the expence of prolixity, perhaps of tautology, I hope, and trust, that no disputes will arise concerning them; but if, contrary to expectation, the case should be otherwise, from the want of legal expression, or the usual technical terms, or because too much or too little has been said on any of the Devises to be consonant with law, My Will and direction expressly is, that all disputes (if unhappily any should arise) shall be decided by three impartial and intelligent men, known for their probity and good understanding; two to be chosen by the disputants, each having the choice of one, and the third by those two. Which three men thus chosen, shall, unfettered by Law, or legal constructions, declare their Sense of the Testator's intention; and such decision is, to all intents and purposes to be as binding on the parties as if it had been given in the Supreme Court of the United States.

In witness of all, and of each of the things herein contained I have set my hand and Seal, this ninth day of July, in the year one thousand seven hundred and ninety and of the Independence of the United States the twenty fourth.

*Schedule of property comprehended in the foregoing will: which is directed to be sold, and some of it, conditionally is sold; with descriptive and explanatory notes relative thereto.

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