The Shemwell Family

Transcribed: "The Last Will and Testament of William McGehee (deceased) was presented in Court by John McGehee and William McGehee, the Executors therein named, who made an oath thereto recording to Law and being further proved by the Oaths of Roger Quarles, John Quarles, Roger Quarles (Jr) witness thereto is ordered to be recorded on the motion of the said Executors and the performing what is usual in such cases. Certification is granted them for obtaining aprobat thereof in due form they having entered in Bond with Roger Quarles according to Law. It is ordered Dan Thompkins, Charles Thompkins, Will Higgins, and William Taylor, or any three of them being first. Sworn before a Justice of the Peace for this County appraise the Estate of William McGehee (deceased) for money and return their proceedings to next Court."

This Will (see below) documents the family (and spousal surnames) in the James March McGehee Sr tree in 1798. Members included: John March McGehee Sr, William McGehee, John March McGehee Jr, Augustine McGehee, Edward McGehee, Elizabeth Bond (nee McGehee), Susannah Mallory (nee McGehee), Agnes McGehee, Sarah McGehee, Lucy (Cason (nee McGehee), and Barbara Groom (nee McGehee). Note that James' wife, Ann Nancy McGehee (nee Graves) is not mentioned in the Will; suggesting, that she died prior to it being written in 1798. Transcribed Will: "In the Nature of God, Amen. I, John McGehee Senr, of the County of Louisa and Parish of Saint Martins being at this time of perfect senses and memory do this second day of November one thousand seven hundred ninety eight (1798) make and ordain his my Last Will and Testament in manner and form following items: Item: I give unto my son William McGehee three Negroes named Winney, little Judy, and little Ben to him & his heirs. Item: I give to my son John McGehee three Negroes named Friday, little Davy, and Anthony to him and his heirs. Item: I give unto my son Augustine McGehee three Negroes named Stephen, Lydda, and Reubin to him and his heirs. Item: I give unto my son Edward McGehee three Negroes named Jemina, Sarah, and Moses to him and his heirs. Item: I give unto my daughter Elizabeth Bond three Negroes named Judy, Armistead, and Edam to her and her heirs. Item: I give unto my daughter Mary McGehee three Negroes named Barnet, Tom, and old Dinah to her and her heirs. Item: I give unto my daughter Susannah Mallory three Negroes named Amy, Pegg, and Martin to her and her heirs. Item: I give unto daughter Agness McGehee three Negroes named Primis, little Dinah, and little Kate during her natural life and after her decease I give aforementioned Negros Primis, little Dinah and, little Kate to my grandson Dabney McGehee to him and his heirs forever. Item: I give unto my daughter Sarah McGehee three Negroes named Betty, little Dick, and Mary to her and her heirs. Item: I give unto my daughter Lucy Cason three Negroes named Jack, Henry, and Cloe to her and her heirs. Item: I give unto my daughter Barbara Groom three Negroes named Abby, Morris, and James to her and her heirs. Item: I give unto my sons William and John McGehee my tract of land lying on Contrary equally divided between them. Item: I give unto my son Augustine McGehee the tract of land which I purchased of John Coleman Graves to him and his heirs. Item: I give unto my son Edward McGehee the upper part of the tract of land whereon I now live (his lower corner to begin at a large poplar on the river then a straight line to a hollow red oak by William Harris's old field) to him and his heirs forever, also twenty acres I purchased of William Davis. Item: I give unto my three single daughters Mary, Agnes and Sarah McGehee the lower part of my tract of land whereon I now live so long as they remain single (with this proviso that my son Edward McGehee shall have liberty to tend any part thereof) and if either of them marries she shall receive no benefit from said land) after marriage. Item: I give unto my three single daughters Mary, Agness, and Sarah McGehee my ox cart and four oxen, twelve head of choice cattle, twelve choice hogs, twelve choice sheep, three choice horses, forty barrels of corn and fodder in proportions, my safe and chest of drawers, six pewter plates, three pewter dishes, three pewter barouz (sp ?), spice morter and flat irons, two butter pots, first choice of ox chairs, two pairs iron traces and my wheat fan table and six chairs, largest looking glass, two side saddles and bridles, loom and spinning wheels and cards, two pots and dutch ovens, also three feather beds & furniture. But my son Edward McGehee to have the use of the wheat fan, cart and oxen and if either of them marries she shall not claim any share of the articles contained in the Item (or Clause, except the feather bed and furniture. Item: I give unto my son Edward McGehee after death or marriage of my aforesaid single daughters the lower part of my land lent my single daughters to him and his heirs. Item: I leave my Negro man David for the benefit and use of my son Edward McGehee and my daughters Mary, Agnes, and Sarah McGehee so long as they remain single. Item: My will and desire is that if my daughter Barbara Groom should die without lawful issue, her legacy and the increase shall revert to my Estate and be equally divided amongst my other children or representatives. Item: My will and desire is that remainder part of my estate what kind? (not before sent or given) be sold at the directions of my Executors and money equally divided amongst all my children or their lawful representatives. Item: Lastly, I constitute and appoint my sons Augustine and Edward McGehee Executors. This my Last Will and Testament. Witness my hand and seal the day and year before Witnesses: John Mackgehee Signed, sealed, & Published in the presence of us: Geo. Lumsden, Joseph Graves, William Davis"

Transcription: "At a Court held for Louisa County on the 14th day of September 1801, this Will was this day in open Court and proved by the oaths of Joseph Graves and William Davis, two of the witnesses thereto and by the Court is ordered to be recorded ... " Note that the legal definition of "Proving a Will" means that when you pass away, your beneficiaries and Executor may have to prove the Will is valid through a process called probate. Probate is a process where a court considers the many legal aspects of the will, including if it was legally created. The dates suggest that James March McGehee Sr died before September 14, 1801 ..... and assuming that early September 1801 is probably a reasonable assumption.

Transcription: ".... a Court held for said County on the 13th day of October 1801. Edward McGehee and Augustine McGehee, the Executors, named in the written Will came into Court and having made oath thereto and ordered into bond as the Law Directs Certificate is granted them for obtaining a probate thereof as the law directs."