Full text of Phillip Fisher’s Will:2727Last Will and Testament of Phillip Fisher Gent. - 9 December 1701 - Transcribed by Frank V. Walczyk
In the name of God Amen, I Phillip Fisher Gent. the elder of Northampton County finding myself not very well and considering the frailty of mans life and certainty of death. Do make and ordain this my last will and testament as followeth;
Imprimus - I give and bequeath my soul to the Almighty God who gave it, and my body I bequeath to the earth to receive a decent and Christian burial as my friends shall think fit and as for what worldly estate it hath pleased God to endow me with. I give and bequeath in manner and form as followeth;
Item - I give and bequeath unto my son John Fisher one part of my land begining at a waterwork at the bottom or edge of an old field known by the name of, "Thomas his Field" and from thence along a fence now standing on the side of the said field to a line of marked trees and along the said line of marked trees to the head of a branch known by the name of, "The Joyners Branch" And all my land in Northampton County on the North and East of the bounds before mentioned I give to my son John Fisher and to the heirs of his body lawfully begotten, and so from heir to heir forever, and for want of such heirs then my will is that it be equally divided between my daughters Tamer Hunt and Anne Gascoigne and be unto them and their heirs forever.
Item - I give and bequeath unto my son Thomas Fisher the remaining part of my divident of land bounding on the land I gave my son John Fisher, Eastwardly and Northwardly and Westwardly and otherwise bounded on the waters and branches of Nuswaddox Creek, which land (be it more or less) I give unto my said son Thomas Fisher and to the heirs of his body lawfully begotten and so from heir to heir forever and for want of such heirs then my will is that it be equally devided between my daughters Mary Smith and Rebecca Fisher and be unto them and their heirs forever.
Item - I give and bequeath unto my son Phillip Fisher one tract or divident of land lying and being at Masongoes Branch in Accomack County by estamation three hundred acres which tract of land I give unto my said son Phillip Fisher and to the heirs of his body lawfully begotten and so from heir to heir forever, and for want of such heirs then my will is that the said three hundred acres of land be equally divided between my daughters Bridget Bradford and Sarah Michael to be to them and their heirs forever.
Item - I give and bequeath unto my three sons John, Phillip and Thomas Fisher a certain parcell of marsh and humocks at the mouth of, Muddy Creek in Accomack County containing four hundred acres (be it more or less) (that is to say) they are to enjoy it after their mothers decease to be to them and their heirs forever, and if it please God that either of my sons die without heirs of their body lawfully begotten. Then the said marsh and humocks to be unto the survivers and their heirs as aforesaid, and my will is that there be never no division or sale made of the said marsh and humocks or any part thereof, but that it be forever a place of equal benefit and priviledge for the good of their stocks. But my will is that my wife have and enjoy the full priviledge of the said marsh and humocks during her widowhood to put and keep what stock thereon she pleaseth, and my will is that my three sons have priviledge to keep to keep on the said marsh and humocks each of them twelve head of cattle of their own and no more during their mothers widowhood, and if it please God that my wife die before my daughter Rebecca Fisher be married, then my will is that she during the time of her living unmarried have priviledge to keep her stock on the said marsh and humocks.
Item - I give unto my son Thomas Fisher one feather bed and bolster, two blankets and a rug to be delivered to him when he goes to housekeeping. I likewise give unto my son T homas my pistols and holsters, my rapier and my cane.
Item - I give unto my daughters Mary Smith and Anne Gascoigne one island near the mouth of Muddy Creek in Accomack County known by the name of, "Burntwood Island" containing one hundred and fifty aces.To have and to hold during their natural lives and after their decease to their two sons Thomas Smith and Harman Gascoigne and their heirs forever. And if it please God that either of my two grandsons dies before their mothers, that the surviver have the whole island to him and his heirs forever.
Item - My will is that my wife have full priviledge of all my land and marsh for her stock and timber for her own use during her widowhood.
Item - I give unto my three sons John, Phillip and Thomas all my wearing apparell to be equally divided amoung them.
Item - I give unto my son Thomas Fisher my mill and my still and my will is that my wife have the use of both during her widowhood, and my son John Fisher to have the use of both mill and still for his own particular use (that is to say) the mill to grind corn for his families use and to still his own drink he being at equal charge with my son Thomas to keep them in repair.
Item - I give unto my five daughters Mary Smith, Bridget Bradford, Anne Gascoigne, Tamer Hunt and Rebecca Fisher each of them twelve shillings sterling to buy each of them a ring.
Item - I give and bequeath unto my daughter Rebecca Fisher one feather bed and bolster, one rug and one pair of blankets and sixteen cattle part of being already called her own and two mares now running at William Bradfords and one chest and one trunk, six pewter dishes, one iron pot and six ewes and one ram, and likewise my daughter Sarah Michael twelve shillings.
All the rest of my estate of what nature and kind soever I give and bequeath unto my dear and loving wife and my son Thomas live together in hopes that he will be a guide and assistance to her, and my will is that my daughter Rebecca live with them untill she be married.
But if any difference should arise between my wife and son Thomas and my wife see cause then my will is that my son Thomas remove to the plantation at the bottom of the neck and leave my plantation wholly to my wife during her widowhood and no longer.
Lastly - I make my loving wife Elizabeth Fisher my whole and sole Executrix of this my last will and testament by me formerly made and hereby declare this to be my last will and testament. In witness whereof I have here unto set my hand and seal the ninth day of December 1701. Interlined at the seventh item the word (widowhood) before signed per me.
Phillip Fisher
Signed, sealed and delivered in the presence of us;
Jacob Johnson
Alexander Bagw0ell
Peter Grice
(Endorsed)
Memorandum - March the 7th 1701/2
This day Mr. Phillip Fisher declared and pronounced that the within written is the last will and testament in the presence of us.
Obedience Johnson,
Peter Grice,
Richard Bally Jun'r,
Jacob Johnson
Northampton, March the first anno 1702, Then the last will and testament of Capt. Phillip Fisher deceased was presented to the court by Mrs. Elizabeth Fisher his widow and executrix and desired that it might be proved in open court of the said county by the corporal oaths of Mr. Jacob Johnson, Mr. Obed. Johnson, Alexander Bagwell and Peter Grice and approved and allowed by the court as an authentic probate and ordered to be recorded.
Teste Daniel Neech Clk. Cur.
Recorded Daniel Neech Clk. Cur. Co. Northampton