In the name of God amen I Philip Thurmond of Lexington Parish & County of Amherst, being weak in body, but of sound mind & memory & knowing that it is appointed for all meant once to die, do make constitute & ordain the following to be my last Will & Testament, concealing all former Wills by me made.-- In the first place I desire my body to be buried in decent Christian burial believing that I shall receive the same, at the great day of general resurrection & enjoy that happiness provided by the almighty for those that put their trust in him. And the worldly Estate wherewith it hath pleased God to bless me I dispose of it in the following manner, to wit, The whole of my estate real & personal I desire to be equally divided among all my children share & share alike, each accounting for what they have received from me, except my daughter, Judith & to her I give & bequeath an equal share with my other children & over & above her said equal share, I give & bequeath unto her my two Negroes, Rachel & Reuben & also my book case & desk, a feather bed & furniture, my best table & chest, my grey mare, & a saddle, for which she is not to account, but to have an equal share besides any other children; & as disputes may possibly arise concerning what each child may have received from me, to prevent which I here set down the amount thereof, for which each is to account in the division of my Estate & no more, my daughter Sally were have received to the amount of one hundred pounds for which she is to account, and no more, my son Wm. Thurmond has received to the amount of one hundred pounds, for which he is to account and nor more, my daughter Elizabeth Rucker has receiv'd fifty pounds for which she is to account & no more, my son James has receive'd the amount of two hundred pounds which includes the boy Dick & the horse I paid for, for which he is to account & no more, my daughter Mary M. McCabe, has received to the amount of four hundred pounds, for which she is to account & no more, _________ my son Philip has received to the amount of two hundred pounds, for which he is to account & no more, the other of my children have received nothing & therefore, to account for nothing; my unfortunate children Franky & Thomas to have an equal share, each with the rest of my children, & the Court of Amherst County, to be their guardians, & to intrust their persons & estates to fit persons from time to time, as may be necessary for their welfare. I order all my just debts to be paid, the legacy I have bequeathed to my daughter Judith over & above her equal share, with my other children, she is to receive on her marriage the remainder of my estate both real & personal, I lend unto my beloved wife Judith, during her widowhood, & I do appoint Charles Tucker, my beloved wife, Judith, & my son Philip Thurmond executors of this my last Will & testament. Witness my hand & seal this 5th day of September, in the year of our lord, one thousand eight hundred & three. Published & declared to be his will & testament in presence of PGooch, Philip Lochart (by his mark), and Matthew Tucker. Signed by Philip Thurmond.
At a court held for Amherst County the 19th day of December 1803. This last Will & Testament of Philip Thurmond decd, was proven by oath of Philip Gooch, one of the witnesses thereto, & ordered to be for further proof. And at a Court held for the aforesaid County the 16th day of January 1804, This Will was further proven by oath of Philip Lockart another witness thereto, & ordered to be Recorded. And at a Court continued & held for the aforesaid County the 21st day of may 1804 Judith Thurmond, the executrix mentioned in the said Will personally came into Court & was qualified according to law, & entered into bond with Wm Sledd & Wm Thurmond in the penalty of ten thousand dollars, conditioned as the law requires, leave is granted her obtaining a probat thereof in due form.
Will Book 4, pages 141-143, Amherst County, Virginia