John Finley 1791 Will

Date: 17 Aug 1791 to 20 Sep 1791
Location: Augusta County, Virginia, USA
Surnames/tags: Finley Doak

Contents 1 The Will 1.1 Transcript of Original Will 1.2 Court Docket Copy of Will 1.3 What do Differences in the 1791 Will Suggest? 2 Analysis 2.1 Identifying the Writer of the Will 2.2 Those Named in the Will 2.3 Distribution of Estate 2.4 How long did Thankful Survive? 2.5 The Children in the Will 3 Sources

The Will

Transcript of Original Will

John Finley of Augusta County, Virginia, wrote his will on 17 August, 1791. The will exists in an original draft, bearing John's actual signature and those of his witnesses, and a copy made by the clerk in which the "signatures" are in the same handwriting as the text of the will. ^[1]

A transcript of the original will is as follows:

"In the Naim of God -- Amen. The Seventeenth day of August 1791. I John Finley of the Colony of Virginia and the County of Agusta former being in a low state of health but of perfect mind and memory thanks be to god. Therefore calling unto mind the mortality of my body and knowing that it is appointed for all men onst to die do make and ordain this my Last will and Testiment -- that is to say principaly and first of all I give and recommend my soul into the hands of Almighty God that give it, and my body to the Earth, to be buried in a Christian Descent maner at the Descretion of my Executors and Unto him of such worldly estate where with it pleases God to bless me in this Life.

"I give Demise and dispose of the items in the following manner and form, first all my Lawful Debts and funeral Expences to be payed out of my real Estate, also I give and bequeth unto my dearly beloved wife Thankful, all my houshold furniture to be at her Disposal, Except one bed and furniture and my Negro woman, Hannah During her life and a good hors and sadle Likewis a good Deasent room and Deasent mantainence to be found her out of the part of my Estat I have willed to my son David. Item I give and bequith unto my beloved sons George, Robert and my Daughter, Marget Shields, Eatch of them five shillings Virginia Currancy to them and heirs.

"Item I give and bequith unto my beloved son James one hundred and twenty pounds Virginia Currancy with interest from this Date to him and his heirs for ever to be payd by my son David out of the part I now will to him.

"Item I give and bequith unto my beloved son John one bed and furniture at my beloved wifes Decese to him and his heirs. Item I give and bequith unto my beloved Daughter Jean one negro womman at my wifes death and to her son John Trimble my sadle and bridle to them and their heirs forever.

"Item I give and bequith unto my beloved son David all my lands and tenements and in every part of my Estate not herein separately willd to others to him and his heirs or asignes forever, Item I give and bequith unto my beloved Daughter Thankfull McCarter six shillings Virginia Currancy to her and her heirs forever, and I Likewise constitute make and ordain my son David sole Executor of this my last will and testiment.

"I Do hereby utterly Disalow revoik and Disanul all and every other former Testiments wills Legities bequests and Executors by me in aniwies before naimed willed and bequithed ratifying and confirming this and know other to be my last will and testiment in witness whereof I have hereunto set my hand and sail the Day and year above mentioned."

David McNair, John Thomas, John Wilson John Finley

Court Docket Copy of Will

The copy improves the will's spelling and appears to change the name of one son from James to Thomas. Unfortunately, an early published abstract, by Chalkley was based on the court record. ^[2]

The two versions of the will -- original and clerk's copy -- may be compared as shown below:

Original Will of John Finley, Augusta County, Virginia, 17 August 1791. ^[3]

Court Docket Copy Will of John Finley (court docket copy), 17 August 1791, probated 20 Sept 1791, Augusta County, Va., ^[4]

The difference between the two versions of the will is that "Original Will" has less polished English language than the "Court Docket Copy", and this would suggest, in the absence of other data, that the unpolished version is indeed the original. The most controversial difference between the two is that a son named as James in the "Original Will" appears as "Thomas" in the Court Docket Copy."

In the transcription of the will below, differences between the two copies appear within brackets, with the first version being the Original Will and the second being the Court Docket Copy. The will has been edited to begin each item with a bullet. Where there are differences, the bold word is in the original and the italic word is in the court copy.

In the Naim Name of God Amen, the… seventeenth day of Agust August 1791. I John Finley of the Colony of Virginia and the County of Agusta Augusta former being in a low state of health but of perfect mind and memory thanks be to god. Therefore calling unto mind the mortality of my body and knowing that it is apointed appointed for all men onst to Die do make and ordain this my Last will and testiment testament that is to say principaly principally and first of all I give and recommend my soul into the hands of Almighty God that give it, and my body to the Earth, to be buried in a Cristian Desent Christian Decent maner at the Descretion of my Executor Executorsand tutching touching such worldly Estate where with it pleases pleased god to bless me in this Life I give Demise and dispose of the items {omitted} in the following manner and form,

• first all my Lawful Debts and funarel Expences to be payed out of my real Estate,
• also I give and bequeth bequeath unto my Dearly beloved wife Thankful, all my houshold furniture to be at her Disposal, Except one bed old bed and furniture and my Negro woman Hannah During her life and a good hors horse and sadle saddle. Likewis Likewise a good Deasent room and Deasent Decent maintainance to be found her out of the part of my Estat Estate I have willed to my son David,
• Item I give and bequith unto my beloved sons George, Robert and my Daughter, Marget Shields, Eatch Each of them five shillings Virginia Currancy … to them … Virginia Currency to them and heers

• Item I give and bequith' bequeath unto my beloved son James Thomas one hundred and twenty pounds Virginia Currancy with interest from this Date to him and his heirs for ever to be payd by my son David out of the land part I now will to him,
• Item I give and bequith unto my beloved son John one bed and furniture at my beloved wifes Decese Decease to him and his heirs,
• Item I give and bequith bequeath unto my beloved Daughter Jean one negro womman at my wifes […] my […] mare riding Mare and negro woman at my wifes death and to her son John Trimble my sadle and bridle to them and their heirs forever,
• Item I give and [bequith bequeath] unto my beloved son David all my lands and tenements and every part of my Estate not herein separately willd to others to him and his heirs or asigns or assigns forever;
• Item I give and bequith bequeath unto my beloved Daughter daughter Thankfull McCarter McKarter six shillings Virginia Currancy to her and her heirs forever,
• and I Likewise constitute make and ordain my son David sole Executor of this my last will and testament and I Do hereby utterly Disalow revoik and Disanul disallow revoke and Disanuel all and every other former testiments wills Legities bequests and Executors former testaments wills Legatees bequests a Executors by me in aniwies any wise before naimed named willed and bequithed equeathed ratifying and confirming this and know other to be my last will and testiment in witness whereof I have hereunto set my hand and sail seal the Day and year above mentioned.

interlined before signed John Finley {sail}

• Signed sealed published and pronounced and Declared in the [presnces presence] of us the subscribers *David Mc Nair *John Thomas *John Wilson
• [{Omitted} At a court held for Augusta County September 20th 17[…], This last Will and Testament of John Finley deceased was presented in Court by David Finley the Executor therein named and proved by the Oaths of David McNair, John Thomas and John Wilson witnesses thereto and is ordered to be recorded. And on the Motion of the said Executor who made Oath according to Law certificate is granted him for obtaining probat thereof in due form, he having given security as the Law directs.]

What do Differences in the 1791 Will Suggest?

Carmen Finley observes in her footnote #15: The copy of the will made by the clerk incorrectly transcribed "James" as "Thomas." A comparison with the original, both of which are on file in the Augusta County Clerk's office, can easily see how this error was made. Confirmation that it is James, and not Thomas, is seen when David included the allowance for 120 plus interest to James in a deed of trust to John Shields 2 September 1793. ^[5]

Analysis

Identifying the Writer of the Will

The will was drafted 17 August 1791 and proved 20 September 1791. It identified John Finley's wife Thankful and their children.

Carmen Finley notes, "Confirmation that this is the same John Finley who patented land on Middle River is found in the disposal of the Middle River property in 1794 by John's son and executor, David, ands the latter's wife Elizabeth. David and Elizabeth sold 645 acres to John Johnston 1 October 1794. The 648 acres consisted of three separate parcels containing 399, 238, and 110 acres each. The 300 acre parcel and the 238 acre parcel were, by description, those patented in 1741 and 1769 by John Finley of Middle River. There is substantial evidence that David and Elizabeth then moved on to Montgomery County, Kentucky." ^[6]

Those Named in the Will

In the will, John Finley names in order; wife, Thankful; children, David, George, Robert, Margaret Shields, James, ^[7] John, Jean, and Thankful McKarter; and grandson, John Trimble, son of Jean. David received the lion's share of the estate. ^[8]

John Finley named one enslaved persons in his 1791 will: Negro Woman Hannah.

Distribution of Estate

Thankful received all household furniture except "one old bed and furniture," his Negro woman, Hannah, and a saddle and horse, with maintenance out of the estate willed to David. George, Robert, and Margaret Shields received five shillings each. James received £120 "with interest from this date," to be paid by David out of the estate. John was to receive one bed and furniture upon the death of Thankful. Jean was to receive a mare and Negro woman upon the death of Thankful, while her son, John Trimble, was left a saddle and bridle. Thankful McKarter was left six shillings. David, probably the youngest son, was also named executor. ^[8]

John, Jean, and Thankful McKarter; and grandson, John Trimble, son of Jean. David received the lion's share of the estate. Thankful received all household furniture except "one old bed and furniture," his Negro woman, Hannah, and a saddle and horse, with maintenance out of the estate willed to David. George, Robert, and Margaret Shields received five shillings each. James received £120 "with interest from this date," to be paid by David out of the estate. John was to receive one bed and furniture upon the death of Thankful. Jean was to receive a mare and Negro woman upon the death of Thankful, while her son, John Trimble, was left a saddle and bridle. Thankful McKarter was left six shillings. David, probably the youngest son, was also named executor. ^[8]

It is interesting that John chose to divide his estate so unequally and no clues have really been found as to why this was so. Often, when the parents have already provided for their children, the children are left only nominal amounts in the will. This may have been the case here and is just not specified. We do know, however, that George received a portion of John and Thankful's property in 1767. Naming David as executor may have been a practical necessity as it appears all other sons had left the area by 1791. ^[8]

An appraisal of John's estate was made on 20 December 1791 by David McNair, James Wilson, and John Thomas, the same men who had witnessed his will. The total of his estate was £99 5s. 2p. including one slave, Hannah, valued at £12. The largest single entry was a book of accounts of David's totaling £19 16s. His inventory included a set of cooper's tools. ^[8]

How long did Thankful Survive?

It is not known how much longer Thankful lived. However, David sold his entire holdings on 1 October 1794 to John Johnston for 1,100 and moved on, (16) ^[9]

The Children in the Will

Known children of John and Thankful (Doak) Finley include the following, in the order named in John's will (except for John who as the namesake may be the eldest, and David who is presumed to be the youngest male):

The following children are listed in the 1791 will of John Finley of Middle River; baptismal dates for three are found in the records of the Tinkling Spring Meeting House. ^[10]:

• David
• George, baptized 30 January 1743
• Robert, baptized 21 April, 1745
• James
• John
• Margaret Shields, baptized December 1746
• Jean Trimble
• Thankful McKarter

Sources

1. ↑ Finley (2003), 7
2. ↑ Lyman Chalkley, Chronicles of the Scotch-Irish Settlement in Virginia. Extracted from the Original Court Records of Augusta County. (Roslyn, Va, 1912), v. 3, p. 195. Cited by Finley (1995) .
3. ↑ Image Copy of original will obtained by Lee Bain (Bain-1212) from Carmen Finley, who obtained it from the Augusta County Court records at the same location as the clerk copy entered on the docket (Will Book 7, p. 404). See Carmen J. Finley (2003) "The John Finleys of Augusta County, Virginia: Correcting the Record,"
4. ↑ Court Docket Copy of Will found in Will Book 7, pp. 403-6; digital image, ‘’FamilySearch,’’ “Will books, v. 7-9 1787-1804,” (https://www.familysearch.org/ark:/61903/3:1:3QS7-99P7-39HQ : accessed 21 Nov 2021); FHL microfilm 30,318, DGS 7,643,869. See also https://www.wikitree.com/photo/png/Finley-1486
5. ↑ Augusta Co., Va., Deed of Trust Book 1-A:122. Cited by Finley (1995).
6. ↑ Finley (2003), 8
7. ↑ . The copy of the will made by the clerk incorrectly transcribed "James" as "Thomas." A comparison with the original, both of which are on file in the Augusta County Clerk's office, can easily see how this error was made. Confirmation that it is James, and not Thomas, is seen when David included the allowance for 120 plus interest to James in a deed of trust to John Shields 2 September 1793. Augusta Co., Va., Deed of Trust Book 1-A:122. Cited by Finley (1995)
8. ↑ ^{8.0 8.1 8.2 8.3 8.4} Finley (1995)
9. ↑ . Augusta Co., Va., Deed Book 28:368. Cited by Finley (1995).
10. ↑ Finley, (2003) 9

Bibliography of Frequently Cited Works

• Armstrong, Zella, Notable Southern Families, Volume VI: Doak Family of Tennessee. Originally published 1933. Reprinted, Clearfield Publishing, Baltimore, 1993. Filmstrip available at Ancestry.com (Paid site) Accessed 13 August 2022 jhd </ref>
• Bain, Lee. J. Identity of John Finley, Boone's Companion. Published in two parts in Kentucky Ancestors, Vo 36, No 1, Autumn 2000.
• Bransford, Clifton W, Owensboro, Kentucky.. Finleys of virginia Typed Manuscript. Federal Writers Project, Work Project Administration for State of Florida. University of Florida Digital Colletions. 26 pages. Accessed 3 July 2020 jhd
• Finley, Carmen J. Finley, Ph.D. The George Finleys of Augusta County, Virginia (published in The American Genealogist, Vol. 64, No. 4, October 1989, pp. 216-225), available online courtesy of USGenWeb (accessed 6 November 2021).
• Finley, Carmen J. Ph. D., C. G.The John Finleys of Augusta County, Virginia Reprinted from "Finley Findings International," vol. 9, no. 2, September/October, 1995, published by Timothy Kessler, Wynne, Arkansas. Accessed 4 July 2022 jhd </ref>
• France, Albert Finley. The Clan Finley Annapolis, Maryland, 1942. John Finley (1688-1760), Robert Finely (1681-1741), and Michael Finley (1683-1750), sons of Robert and Margaret Lauder Finley of the Parish of Mulloughbrec, County Armagh, Ireland, immigrated to America in 1732-1734 with their families and settled in Chester Pennsylvania. Descendants listed lived in Pennsylvania, Maryland, Virginia, North Carolina, and elsewhere.
• Stout, Herald F. The Clan Finley: a Condensed Genealogy of the Finley Family At Home And Abroad (Dover: The Eagle press, 1940). Online at HathiTrust, "Ancestry Abroad" 4-1-1"]
• Stout, Herald F. The Clan Finley, Second Edition. Revised and Corrected, 1956. Volume I. Dover OH: The Eagle Press, 1956. Accessed 4 July 2022 jhd. Alternatively Stout, Herald Franklin. The Clan Finley Revised Version, 2 volumes, Volume I. Dover, Ohio: The Eagle Press, 1956. Accessed 6 July 2022 jhd

Profiles Referencing Will

This will is referenced on the following profiles:

• Thankful (Doak) Finley