Will of Major William McMahon

Submitted by Phyllis D. Slater.

Will of Major William McMahon (killed by Indians at FT. Recovery in Ohio)

In the name of God Amen I William McMahon Magr. of the fourth Sublegion of the Legion of the United States and late of Ohio County State of Viriginia being of sound perfect memory do make and ordain this as my last will and testament Imprimis I direct that all my just debts shoud be paid after my decease and for this purpose I wish my executors herein after named to sell the following tracts of land, as such part thereof as will be sufficient to discharge them (Viz) on tract of land in Montgomery county State of Virginia on Twelve Pole Creek, the tittle in the name of John Chennoth one tract of land on Pleasant run in Hardens Settlement, the tittle in the name of Cuthbert Bullet one other tract of land adjoining Absolom Wells and George McCullock's old survery between Panthers run and Tils run said to contain 360 acres be the same more or less I wish it to be clearly understood that my execrs are to sell this land only in case that the payment of my debts shall make it necessary but that should my wife Ann after the payment of all my debts choose or think it necessary for the supoport of my family, she may for that purpose dispose of any tract part or parcel of the before described land which may remain unsold by my executors as directed herein before.... 2dly I give and bequeath unto my sons Frien, Richard, John, Joseph and James and to their heirs forever all and every other tract of land of which I may die possessed. Wherever situated to be equally divided among them (except my lots in and adjoing to Charlestown at the mouth of Buffalo Creek on the Ohio River which lots I wish to dispose of as follows (Viz the whole of those lots before mentioned together with the rents profits issues and improvments now accruing or made or hereafter to accrue or be made to my wife Ann during her natural life to be subject to her management of that of her legal attorney by her appointed, with a veiw to enable her to support and educate my children my--Design being clearly, that she shall have the power to lease let to farm set over or rent any of these lotts or any part or parcel thereof for any number of years not over ninety and nine renuable forever and that she shall have the power also to purchase to purchas in the lease already made of any lot or part or parcel of any lot or lots at her own direction as she may judge most consonant to my wishes or intention in makeing this request and farther respecting those lots my will is that after the decease of the said Ann all those lots or parcels of land shall revert to my five sons before mentioned to them and their heirs forever, among them or their heirs to be equally divided agreeable to quality quantity & value...3dly to my daughters Polly and Susan an I wish and do hereby give to them and to their heirs forever one likely negro girl together with her increase two good milch cows and horse mare or gelding of the value of one hundred dollars value and household furniture to the value of eighty three and one third meaning plainly that each of my daughters shall have the same articles as above given and for this purpose I order and direct that my sons shall pay to each the articles before mentioned or the value thereof at the option of my sons to my daughter Agnes I hope the will acknowledge I have given a fule proportion of what I am able to give to my wife Ann for during her natural life, I give and bequeath all my moveable property (except that part already given) to my daughters leaving it to the choice of my wife either to give one of the present breeding wenches or a likely negro girl as before directed to each of my daughters and to their heirs as she may choose or think best I further more desire that and I do hereby give and bequeath all the said personal property after the death of my said wife to my aforesaid five sons (except the household furniture which I inact to be divided among my daughters or their heirs---I wish my sons in the division of the land by this instrument left them would agree but should a difficulty arise between them I direct, that should the whole agrees that the different tracts of land should be sold and the division of the proceeds made among them or if the land is divided they shall if they choose draw for choice by lots my wish being to do to each of them justice. Lastly I do hereby appoint my friend John Bukey and my beloved wife Ann as executor, & executrux of this my last will and testament hereby revoling all others by me heretofore made or however acknowledged. In witness whereof my name is hereunto signed and seal affixed. ..the 31st. March 1794 at head quarters Greenville signed. ..in presence of--

Benjamin Lockwood Lt.
W.O. Brady, Lt. 4S.L.
Wm. McMahon.....LS

Moses Chapline,...C.O.C.

Note: Wife Ann was Ann Cox before marriage.