James S. Higginbotham (1784 - 1866)

Misterhigg@aol.com

I James Higginbotham of Amherst County Virginia, having attained great age and moreover being admonished by declining health, that my end upon earth is arriving nigh think fit on this 16^th of July 1864 to make, publish and declare, what follows, to be my only and true last will and testament. Before entering into the details of my several dispositions and in order that the same may be better understood, I state that under the will of my father Joseph Higginbotham dec’d the tract of land upon which I reside containing my dwelling house and some slaves namely, Joe, Daniel and Matilda will go to my son Thomas should he survive me, but should I survive him, then the said land and slaves according to the said will are devised to go to certain children of my sister McDaniel four in number, but my son Thomas being if not an idiot is of such imbicile mind, as to be in capable of testamentary dispositions so that should he even survive me, which almost certain, whatever estate he leaves will pass to such of his McDaniel cousins as may survive him. Beside the three slaves limited to me by my father’s will as before stated there was a like limitation upon three other slaves namely, Daniel an old man who by me was allowed to go to Pennsylvania with his wife who was manumitted in 1837 or 38 and Paul and Isac I was obliged to sell on account of bad habits. There was a like limitation upon some stock household and kitchen furniture, but of little value, which had been worn out in the use and substituted by myself with other of like kind, that I now hold. Besides the tract of land limited to me as aforesaid I have purchased and adjoining it, three other tracts namely, 162 acres and 39 acres of Miles and seventy six of Rogers and even the following slaves Martha and her children and Harriett and her children, stock of all kinds household and kitchen furniture, besides other estate. Of Harriett’s children and her self that is to say Harriett and her daughters Elvira and Atthea I have given to my daughter in law Laura A. Higginbotham and to my great niece Fanny Ware I have given Sidney reserving in both instances a life estate after the foregoing explanations, my will and desire is as follows: 1 I give to my executors hereafter named my whole estate of what kind soever it may be at my death, (after paying my even just debts) to be managed by him to the best advantage so as to support my unfortunate son Thomas Higginbotham during his life should he survive me, and at his death all the said estate with its natural increase to go to my niece Mary Ware the wife of William M. Ware as a separate estate, to be enjoyed by her that is the rents and profits, during her life and at her death to each of her children who may survive her and the descendants of any child or children who may die before she does for stirpes. But the foregoing gift in favor of my son Thomas is upon condition that he nor any one claiming by through or under him shall not set up against me in my estate after my death any claim about the slave Daniel allowed to go to Pennsylvania or about the two slaves sold for bad habits, nor about the other perishable property mentioned in my father’s will , and should any claim be set up against me or against my estate for in right of the said Thomas my son, then and in that case, I revoke the foregoing provision in his favor and direct that all and singular the benefits intended for him shall go to and enure to the benefit of the said Mary Ware and her children heretofore provided, and furthermore should such claim be set up against me or my estate after my death it is my direction to my executor to offset the same by a charge for the board and clothing for my said son Thomas from the time when he attains the age of 21 years. But should my said son Thomas die before I do, so that the limitation of my father’s will shall take effect as to that part of the estate I received from him for life, and in favor of my sister Ware’s four children, then and in that case my will and desire is that my three tracts of land bought by me as aforesaid and attached to the place upon which I now reside, that is to say, the tract of 162 acres and 39 acres bought of Miles and 76 acres of Rodgers, go to and belong to my sister McDaniel’s children to where the slaves Daniel the blacksmith, Paul and Isac were devised to go, and so of any other estate limited to them by my father’s will. But if the children of my sister McDaniel set up any claim against me or against my estate after my death, then and in such case, the provisions hereby made in this favor is revoked leaving its benefits to accrue to my niece Mary Ware and her children as hereinbefore provided. 2^nd I give to my kinsman and neighbor James Higginbotham as a keepsake my gold spectacles. 3^rd I appoint my said kinsman the executor of this my last Will and Testament and desire that the Court wherein this will may be received may not require of him any security. And I also desire that my said executor will employ at a reasonable price William M. Ware to remove to the place and manage it and take care of my son Thomas and if necessary cause himself, the said James Higginbotham to be appointed committee of the said Thomas, and as an monument to said Wm. M. Ware, my said executor might and may after my debts are paid, to stipulate that one of the money profits limited and after the suitable care and comfort of the said Thomas, that he Ware may take for himself any residue without accountability. Witness my hand and seal this day and date first above written.

James S. Higginbotham {Seal}

Witnesses, who signed themselves such and present at the same time an as request and in the presence of testator.

John Thompson Jr.

Newton S. Bowie

At a court held for the County of Amherst on the 17^th Sept. 1866 a paper purporting to be the last Will and Testament of James S. Higginbotham dec’d was produced in Court and proved by the oaths of John Thompson Jr. and Newton S. Bowie two subscribing witnesses thereto and ordered to recorded and James Higginbotham the executor named in the said will, having appeared in Court and refused to take upon himself the burden the execution thereof, and the motion of Wm. M. Ware who made oath according to law and together with John M. Ware his security who justified as to his sufficiency, entered into and acknowledged a bond in the penalty of $1000 conditioned as the law directs, certificate is granted him for obtaining letters of administration on the said decedents estate with his will aforesaid annexed in due form.

Teste

Leo. C. Daniel Jr.

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