Will of Elizabeth Underwood Butler

note from pam garrett: I located a copy of the Will of Elizabeth Underwood Butler at the Combs website; . The notes provided on Elizabeth Underwood and several of her husbands at the Combs website, give an interesting picture of her life. The Combs website gives a very nice presentation of the Will of Elizabeth Underwood Butler. In order to study the Will, I have taken the liberty of placing my own line breaks in the document. In some cases, these line breaks may distort the original intention of the Will. I would recommend comparing the Will as presented here, with the Will as presented at the Combs website; http://www.combs-families.org/combs/assoc/u-butler.htm.

Will of Elizabeth [Underwood] Butler
written 7 May 1673; probated 16 June 1673
Old Rappahonock Virginia Deeds and Wills, 1665 - 1677

Will of Elizabeth Butler of Parish of Sittingbourne in County of Rappahannock being in sound and perfect sence and memory

to my son Francis Slaughter all the furniture of my Chamber except

a Chest of drawers which I give to my daughter, Sarah to have delivered to her at age of Seventeen or day of Marriage which shall first happen

and a close Stool to my Sonne John Catlett to be delivered to him when he goes to housekeeping

my Sonne Francis Slaughter all the goods money plate rings and Tobaco mentioned in an Account now in the hands of Mr. Daniel Gaines and one negro boy and equall share of the Sheep pewter brass and iron and also Great Chair and small Couch and Chest and such of the things in my house as my Mother gave me by Will the same to bee delivered into his possession when he comes to the age of Nineteen yeares and not dispose or sell without consent of Exec till he comes to age of one & twenty years

daughter Elizabeth bed & furniture now is standing in the dining rooms and presse and cushion thereon the great Looking Glasse, Drawing Table and Turkey Carpet, and my Child bed linning blanketts and fine baskett and my wedding ring and my biggest diamond ring gilded bodkin and my necklace with the biggest pearle and one small Bible a Silver Sucking bottle and my small Cabinett

To daughter, Sarah, two of my biggest stone rings, a small pearl necklace, a silver bodkin, my new trunk, napkin presse, one small bible, small Testament & a dram cup, my Wedding ring and ovall table

to son, John, a small diamond ring the mapp in the dining roome, one rapier, and one great cutlash, a pair of Silver buttons, a pair of Silver buckles and the Antimonial cupp

to son, William one small cutlash, a ring with a stone in it enameled blew and a silver seal

to two daughters, all my wearing apparel, cloathes and linen

to sons, John and William all the bookes mentioned in the Inventory equally between them according to their Fathers Will

to my two sons, John and William Catlett and two daughters all of my plate except three spoons with their names on them to whom they belong equally devided between them all my pewter, brass, linnen and other household stuff unto my two Sonnes John and William and my two Daughters (except what is before bequeathed to my Sonne Francis with a bed furnished to each of my two Sones and my Daughter Sarah (except two Suites of Damask which I give to my two Daughters) to bee equally devided between my two Sonnes and two Daughtes aforesd

to each of my three sons a Carbine

my gray mare and her increase to the four children of my deceased husband, John Catlett,

two daughters shall have delivered to them their former legacies at their day of marriage or at the years of Seventeene and likewise that my two Sons John and William have theirs delivered when they come of age

to my cousin Wm. Underwood the elder, one Stoned colt which came of the Sorrell mare

to my cousin, Humphrey Booth, the chest with the goods in it which were my mothers

to cousin Catherine Booth one silver candle cup which was her grandmother's and in case she dyes unto her Bro. Humphrey If my Son Francis dye before he comes to age that my Children Surviving enjoy the whole Estate both formerly and now bequeathed unto him if my Executor hereafter mentioned shall brake up housekeeping that then all my household stuff aforesd bequeath to my Children shall be well packed and locked up & kept from use and that the linnnen and other things that are in the Cask & trunck be forthwith locked up till the time of their delivery and that all my Sonne Francis his household stuff be likewise reserved and kept by itself

to my sister Pierce, a mourning ring of 20 shillings

if my Executor hereafter mentioned shall voluntarily surrender up the estate that then Mr. Daniel Gaines if he hath the Children shall have the estate provided that he give good Security to keep the sd Estate entire and deliver the same in kind according to my Will and that this my Will bee by him in all respects performed...

My executor to supply what Tobacco shall be required for my children's education in England, according to my Husband's Will and that he make sufficient provision when they shall come from Schoole for their accomodation and their bringing of them home to Virginia all my wearing cloathes which last yeare I sent for as the profitt of my Tobaccoes bee upon the arrival locked in my Cask kept for & devided between my two daughters and the rest my Executor to have for his household use what remains in the hands of Messrs. Jeffries and Manfords hands in London be disbursed by them for a bed & furniture for my son Francis, in lieu of one his Father in Law did owe him and two small Silver Tankards (if it so holds out) to be added to the rest of the plate for the children of my deceased husband

Childrens Estate be kept entire and not parted before their legacies given by me become due unto them and if the Court shall take my Childrens Estate out of my Executors hands that then my Children shall altogether be mained well educated & provided for by and with the profitt of their own estate and that my thirds and the profitts thereof shall remain in my Executors hands till they come of age

my Beloved husband, Amory Butler, Sole Executor and Guardian to my Children

and my cousin, Captain Thos. Hawkins my brother, Edward Rowsee and Mr. Daniel Gaines, overseers of this my will provided that if my Executor do not Educate & keep them well that then Mr. Daniel Gaines shall have Guardianship of my Children my sd Executor allowing him a sufficient maintenance for their well being and education according as my Overseers and Executor shll agree and if they do not what the Court shall determine for the same and if Mr. Gaines shall dye my desire is that my Cousin Hawkins do take the Children upon the same terms and if my Executor shall imbezill the estate or forsake the Country then my will is that my Overseers shall call him to account and finding him delinquent my Executor shall be either bound to make good the same out of his own Estate or else yield it up to Mr. Daniel Gaines the sd Gaines doing as before for the Security of the Estate

my sd Executor doe purchase as soon as he can a negro man for my Sonne Francis by or with the profitt of the Estate in lieu of one his Father in Law deceased did owe him

give and bequeath of the catle that were my Mothers and now in the keeping of Thomas Kirk two of the female to my Sister Peirce her children with their increase for ever and also the other two of the female kind with their increase and eight steers to my Bro Booths children, the sd Steers and increase when they come of age and quality excepted if the Estate of my Children be taken out of my Executors hand within halfe a year after my decease and if my Executor be compelled to make good of the sd Estate what sall be falling short my Executor shall make good the same out of the increase of the negroes that have bin since the same have bin committed to him the sd increase to bee delivered to my children in kind when they come of age and if it shall not suffice then the same to bee made good out of my thirds or the portions thereof as my Executor shall think best for my Children

to beloved husband, Amory Butler, a bed, furniture, and a mourning ring of 22 Shillings price in England when my Executor shall have paid all my legacies that then if there be remaining any of my thirds in his hands he shall surrender up the same unto my children the profitts thereof excepted.

In witness whereof hand & Seale the day & yeare above written. /s/ Elizabeth Butler [Seal]
Wits: Thomas Lucas Senr., John Dawson, Sworne before me James Kay by order of Court.

Notes for Elizabeth Underwood; compiled by Pamela Hutchison Garrett, 2013; for Family Stories at pamgarrett.com.