THE WILL OF SIMON DERRICK (1712-1787)
WILL BOOK A? PG 310-311-312
SHENANDOAH COUNTY, VIRGINIA
In the name of God Amen, I Simon Derk of the County of Shenandoah in the State of Virginia, being very weak & infirm in my body but of sound and disposing mind and memory, Thanks be to the almighty God for the same and calling to mind the Mortality of mankind it is appointed for all men once to die, I do therefore make and ordain this my last Will and Testament in the following manner and form, that is to say first: I give and devise unto my beloved wife Catherine, one Feather Bed, one Spinning Wheel and one Chest and all my Household Furniture, one Cow and a Heifer, one Bay Horse and three Sheep, and if any thing remains of the above mentioned articles after my said wife deceased, then the same shall be equally divided between my two sons Jacob Derk and George Derk, their heirs and assigns.
It is my will that my said wife Catherine shall have possession of all my plantation and land whereon I now live in the said county of Shenandoah during her natural life and after her deceased I give and devise all my said land and plantation unto my said two sons George Derk and Jacob Derk their heirs and assigns for ever, provided my son Jacob Derk does not sell his
land which he has lying joining to my said land apart from my said land, but if my said son Jacob Derk shall sell his land
without the consent of my said son George Derk then and in that case my said son Jacob Derk shall not have any part of my land and I do give the same all to my son George Derk his heirs and assigns forever after my said wife Catherine decease, and he shall and in this case pay to my two Grandsons, sons of Jacob Derk (Viz.) Simon Derk, Tobias Derk to each the sum of five pounds current money of Virginia.
The remainder of my stock of Horses and Cattle, it is my will, that the same be sold to the Highest bidder and best advantage by my Executors herein after mentioned and the money shall be applied for the use of my daughter Mary Elizabeth now living in Pennsylvania and being blind.
Also I give and devise unto my eldest son John Derk and his heirs and assignees the sum of one shilling sterling money and no more.
I do make and ordain constitute and appoint my Trusty friends John Filsmoyer and Jacob Roush Executors of this my last Will and Testament in trust that they will take care and see the same performed according to my true intent and meaning in witness whereof I the said Simon Derk have hereunto set my hand and seal as and for my last Will and Testament this Eleventh Day of April One Thousand Seven Hundred and Eighty Five.
Signed Sealed and Delivered published and pronounced by the Simon Derk as and for his last Will and Testament in the presence of us.
Jacob Rinker Jr. Simon Burchart
Johannes x Koil Simon X Derk LS
In a Court held for the County of Shenandoah on Thursday the 22nd day of February 1787. The last Will and Testament of Simon Derk deceased was exhibited to the Court by John Filsmoyers and Jacob Roush executors therein named and was proved by the oaths of John Coil and Simon Berger Witnesses thereto and ordered to recorded on the Motion of the said John Filsmoyers and Jacob Roush a probate thereof is granted them in due form they having sworn to the same and given Bond and Security according to Law.
Teste: John Williams CCSC
John Filsmoyer and Jacob Roushe & Jonas Rinehart are held and bound to Abraham Bird, Alexander Hite, William W. Booth & John Anderson,Gentlemen Justices of the County Court of Shenandoah in the sum of 250 pounds of current money of Virginia and "bind ourselves jointly and severally"
Sealed and dated Fe. 22, 1787.
The conditions of the obligation is that John Filsmoyers & Jacob Roush, executors of the last will and testament of Simon Derk, do make a true and perfect inventory of all and singular goods, chattels and credits of said deceased.
Signed Johannes Fittzmoyer
Court held in Shenandoah County, Feb. 22, 1787
Bond acknowledged and ordered recorded.
Teste: John Williams C CT C
(Gs - German Signature
Mary Elizabeth received 20 pounds when the estate was settled after Catherine died.
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