William Waters I-Descendants - Lawsuit

William Waters I was born ca 1624, the son of Edward Waters and Grace O'Neil. William was married 3 times. His third wife was Dorothy Marriott and she was the mother of his 6 sons. Below is the will of William Waters I, which can be obtained from Northampton County, Virginia.

Will of William Waters I
Wrote: 8 Day of the 10th in 1685 ( 8 January 1685 )
Codicil added: 9th day of the 10th month 1787 ( 9 January 1687
Proved; 29 July 1689

In the name of God , Amen. I, William Waters of Northampton County in Virginia, do make and ordain this my LW&T in writing in manner and forme as followeth: I will & bequeath my soul into the hands of Almighty God that gave it ( to ) me trusting in & through the merrits of the blessed Jesus to bee made sure of everlasting happiness in heaven to all Eternity and I will and bequeath my body to the earth from whence it came therein to be buried.- and for all my worldly goods and chattels I do dispose of these in manner and form as followeth:
Item--I give and bequeath unto my well beloved son William Waters and to the heirs of his body lawfully begotten forever all my plantacon ( plantation) I now dwell upon lying in the aforesaid county with all the housings orchards and ____ceing thereon and to belonging forever: and if my said son William Waters shall depart this life and leave no heirs of his body lawfully begotten then my will & desire is that my well beloved sons Obedience Waters and Thomas Waters shall have hold and enjoy my above said plantation with all what thereabouts belongeth asaforesaid to them and their heirs forever.
Item-- I give and bequeath unto my well beloved son Edward Waters part of my devident of land that I have at Animess in Somerset County in the Province of Maryland all that part of my said devident that I have settled and built upon and cleared and fenced upon it lying and bordering on ye north side of Animess River beginning at and bight or branch all along the river side unto the land of Thomas Tull which was formerly given to ditto Tull by me:  and so alongst by the said Thomas Tull unto my head line and from the said Thomas Tull alongst my headline as far as against the head of the bight or branch aforesaid that parts the low neck and my calfs pasture this part of my devident I say I do hereby give and bequeath unto my son Edward Waters and to the heirs of his body lawfully begotten, forever, and for want of such heirs my will and desire is that my well beloved sons Obedience & Thomas Waters shall hold and enjoy my above said plantacon according to ye bounds aforesaid to them & their heirs forever.
Item--I give and bequeath unto my well beloved son Richard Waters and to the heirs of his body lawfully begotten forever the other half of my neck of land called ye Low Neck. It being part of my devident of land I have at Somerset County in the Province of Maryland aforesaid. I say part of this land called the Low Neck that lyeth and adjoyneth unto the land I have given aforesaid unto my son Edward Waters: and the other half of the said land called Low Neck I do hereby give, will and bequeath unto my well beloved son John Waters and to the heirs of his body lawfully begotten forever and if my son Richard Waters shall depart this life and leave no heirs of his body lawfully begotten, then my will and desire is that my well beloved son John Waters shall have hold and enjoy all that part of the land abovesaid hereby given to my son Richard Waters to him the said John Waters and his heirs forever: and if my said son John Waters shall depart this life and leave no heirs of his body lawfully begotten then my will and desire is that my well beloved son Richard Waters shall have & enjoy all that part of the land above I hereby give unto my son John Waters and to his heirs forever.
Item-- I will & desire that all my just debts bee justly paid. A list whereof I doe intend to draw out & leave with my son William Waters, but if I doe not I think my books will show them all.
Item--I will & bequeath all the rest of my estate whatsoever I have in Virginia or in Maryland or in Europe or in any other place in this world I do hereby give & bequeath it all unto my six sons WILLIAM WATERS and EDWARD WATERS and RICHARD WATERS and JOHN WATERS and OBEDIENCE WATERS and THOMAS WATERS and they all to live apart and not to be divided until my son Edward Waters attain the age of twenty one years and then a just decision to God made and my Three ELDEST sons WILLIAM WATERS and EDWARD WATERS and RICHARD WATERS to have their due share of all my personal estate and my THREEYOUNGEST SONS ( John Waters, Obediennce Waters & Thomas Waters) share and share, to be and remain in the custody of my executor who hereafter I shall nominate and through it to maintain them in case my advisors shall advise my executor to the contrary which I leave wholly to their decision.
Item--- I do hereby constitute my well beloved son William Waters executor of this my last will and testament and I do hereby earnestly intrust my well beloved friends Thomas Ebernden and George Johnson and Timothy Coe and Thomas Brown and Daniel Eyre and my dearly beloved brother John Robins to be advising and assisting my executor and all my sons in whatsoever they may see them stand in need of. And I do intreat my cozon ( cousin) Charles Hall and Cozon Thomas Tull to take care of my plantation and my stock there now upon until my children come to enjoy it to whom I have bequeathed it and to help my executor therein what they can. I do hereby authorize my executor that when my son Edward Waters attains lawful age and that my estate be equally shared amongst all my children then I desire Thomas Brown, Benjamin Stratton and Charles Hall to take into their care and custody my three sons John Waters and Obedience Waters and Thomas Waters and part or all their estate if they should think it fit for I would not have my friends decide my children kindness and loose by it and if they do so think it fit I desire and intreat my couzin Charles  & Thomas Browne to take Obedience  Waters and Benjamin Stratton to take Thomas Waters until my said three sons can shift for themselves or as my executor and they shall agree for what time they shall keep them. In testimony and confirmation of the contents hereof as being my LW&T I have herunto set my hand and seal this 8th day of ye 10th in 1685.
Signed, sealed and Delivered to William Waters, Jr----in the presence of George Clark, John Robins, Ralph Pigot, Robert Wroth, Thomas Pigot & mark of Abraham Painter.
Signed: William Waters.
Note that the word Obedience in the ninth line was underlined and the word Waters in the eleventh line was underlined and the word there and the word earnestly in the margont was written before signing and sealing hereof the 27th of the 8th month 1688. ( 23 Nov. 1688) This day viewing of this my LW&T with the codicile annexed do find that three of my witnesses are dead and therefore did think it convient to call those who have subscribed their names and therefore do in ye presence of them owne ( owing) this to be my LW&T wishes. John Robins, Lawrence Boston, Ralph Pigot and John Quark.
Whereas I William Waters signed have made a will bearing date of 8th of 10th month 1685 and therein appointed a my ELDEST SON William Waters to be my executor I do hereby appoint all my children William Waters, Edward Waters, Richard Waters, John Waters, Obedience Waters and Thomas Waters my executors notwithstanding anything in the will to the contrary, but my son William to act and do about my estate in the behalf of himself and those of my children and I give and bequeath unto my son Obedience five pounds or the full value thereof out of my estate before devision be made. Thereof likewise I give and bequeath unto my son Thomas 5 pounds or the full value thereof out of my estate before devision be made there of and my will and desire is that my estate be undevided until full three years be expired after my decease --------
Whereas I William Waters the Elder did make some years past my will as it is being set down on ye other side and afterwards did order and make a codicil and annex? to my said will and now having this 20th day of the 12th month 1688 ( 20 March 1688) looked over this  will and do find there are two wittnesses wanting and may be more: Wherefore I have thought it fit  and convenient to sign and seal it on this side of the paper and deliver it and get more wittnesses to it for the better confirmation thereof. Signed sealed & delivered this my LW&T unto my son William Waters in presence of: Joseph Benthall , John Northam?, John Robins, John W. Scott, Richard David , John Brewer,    Signed: William Waters.
Note: In the above will only William Waters, Jr is of age. Edward is near, the other 4 younger, with Thomas being the youngest.

29 July 1689
This the will in and above written lW&T of Lt. Col. William Waters was proved in open court by the corporall oaths of Major John Robins , Ralph Pigot, Joseph Brinthall( Benthall ) and John Northam as also the coddicell annexed proved in like manner by the corporall oaths of Major John Robins , Ralph Piggot, john Northam and both approved and allowed of and ordered to be recorded..--- The above named sons Edward, Obedience and Thomas Waters were all 3 deceased by 1700. This can be found in the following Waters deed: Leiber L, Page 438 - 732, Somerset County, Maryland. A copy can obtained by writing the Hall of Records, 350 Rowe  Blvd., Annapolis, Maryland 21401-1686