In the name of God, Amen. I Aaron Higginbotham of the county of Amherst and Commonwealth of Virginia being in perfect health, praised be God, do make this my last will and testament as followeth.

In promise, I give devise and bequeath to my son Samuel Higginbotham, and to his heirs and assigns – one tract of land containing two hundred and sixty-two acres, adjoining the land where I now live. Also, one other tract adjoining Phillip Walkers line, and also, one negro woman named Judith and a negro girl named Kate, also one negro boy named George, also one half carpenter and coopers tools.

Item two, I give to my daughter Frances one negro woman named Nelly with all her increase, after the said Frances deceased to be equally divided among all her children lawfully begotten upon her body.

Item. I give to my daughter Mary Ann, one negro woman named Melinda with all her increase. After the said Mary Ann deceased to be equally divided among all her children lawfully begotten upon her body.

Item. I give unto my daughter Tamasin one negro woman named Esther with all her increase, after the said Tamasin deceased to be equally divided among all her children lawfully begotten upon her body.

Item. I give devise and bequeath to my son Aaron Higginbotham and to his heirs and assigns (after my wife decease) the tract of land whereon I now live, also the other tract whereon my daughter Mary Ann now lives which goes by the name of The Cove, and I do order that the said Mary Ann be not molested and disturbed in the quiet and peaceable possession of the same as long as she thinks fit to live thereon, but the same Mary Ann shall not have liberty to let or rent out any part or parcel of the said tract but if the said Mary Ann shall move to any other Plantation that then he, Aaron, shall have right to take immediate possession, also one other tract lying between The Cove , Gile’s also, I give to my son Aaron Higginbotham one negro man named Tom, also one negro boy named David, and one negro girl named Jane, with all her increase. Likewise, all my smiths tools, farmers tools with the other half of my carpenters and coopers tools.

Item. I give to my daughter Margaret one negro girl named Hannah with all her increase, after the said Margaret deceased, to be equally divided among all her children lawfully begotten upon her body. Also, one mare of three years with a bridle and saddle.

Item. I leave unto my beloved wife Clara Higginbotham all of the remainder of my estate with the use of the carpenters and farmers and coopers and smiths tools and living her natural life, or widowhood, and after her decease, it is my desire and I do order that the negros, except as aforementioned be equally divided among my four daughters to them and their children, as aforementioned and all the rest of my estate except the wagon and harness which I give to my two sons Samuel and Aaron, and except two cows and calves, two ewes and lambs, two sows and pigs which I give to my daughter Margaret to be equally divided among my four daughters, viz., Frances, Mary Ann, Tamasin and Margaret to them and their children as aforesaid, and if any of my above mentioned children shall die without heir lawfully begotten of their body, that then such parts of my estate be equally divided among the rest surviving of my children, except the land which I decree should go to the heirs at large and I do constitute and appoint my brother James Higginbotham and my two sons Samuel and Aaron Higginbotham, executors of my last will and testament, whom I also charge with the payment of debts and legacies above mentioned. In witness whereof I have hereby set my hand and seal the nineteenth day of September, One Thousand Seven Hundred and Seventy Eight.

Signed, sealed and published by the said Aaron Higginbotham as his last will and testament in presents of us, Charles Burress, Richard Oglesby, Richard Whiteshell.

(Aaron’s signature)

At a court held for Amherst County the Third day of October, 1786, this last will and testament of Aaron Higginbotham, deceased, was this day presented in court by James Higginbotham and Samuel Higginbotham, two of the executors therein named an proved by the oath of Richard Oglesby and witnesseth thereof and ordered to be for proof and at a Court held for the aforesaid county the Seventh day of November, 1786. This will was further proved by the Oath Charles Burress, a witness thereof, whereupon James Higginbotham, Samuel Higginbotham and Aaron Higginbotham the executors therein named with Samuel Meredith and Joseph Penn. Their securities entered into and acknowledged their bonds with penalty of five thousand pounds, with the condition required by law. And the said will was ordered to be recorded.

Teste, William Long, Clerk

Know all men by these presents that we, James Higginbotham, Samuel Higginbotham, Aaron Higginbotham, Samuel Meredith and Joseph Penn are held and jointly bound to Ambrose Rucker, Benjamin Rucker, William Cabell Jr. and Josiah Ellis Gint, trustees of the board of Amherst County, now setting in the sum of five thousand pounds to the payments whereof will and duly to be made to the said trustees and their successors, we bond ourselves, and each of us own, and each of our heirs, executors and administrators jointly and severally firm by these presents sealed with our seals this Seventh day of November in the year of our Lord One Thousand Seven Hundred and Eighty Five and in the tenth year of the Commonwealth. The condition of the above obligation to such that if the above bound James Higginbotham, Samuel Higginbotham and Aaron Higginbotham, executors of the last will and testament of Aaron Higginbotham, deceased do make or cause to be made and have a perfect knowledge of said and singular the goods, chattel and credits of the said deceased which have or shall come to the hands possession or knowledge of the said James Higginbotham, Samuel Higginbotham and Aaron Higginbotham or into the hands and possession of any of these person or persons. For them or the same , so made, do hereby ..the County Court of Amherst at such a time as they shall be there unto required by the said Court and the same as chattels and credits and all other goods chattels of the said deceased which at any time after shall come to the hands or possession or knowledge of this James, Samuel and Aaron or into the and possession of any other person or persons, for them do will and duly administer according to law and further do make a just and fair account of their activities thereon where there be required by the said court and also shall well and truly pay debtors all the legacies contained and specified in the said testament as far as the said goods, chattels and credits will thereby extend and the law shall charge them this obligation to be void and of non-effect else to remain full force of resolve.

Signed:

James Higginbotham

Samuel Higginbotham

Aaron Higginbotham

Samuel Meredith

Joseph Penn

In a Court held in Amherst County the Seventh day of November, 1786, this bond was acknowledged and caused to be recorded.

Teste,

William Long, Clerk