Jesse A. Higginbotham (ca1822 - 1849)

Misterhigg@aol.com

I Jesse A. Higginbotham of the County of Amherst and the State of Virginia do make this my last Will and Testament hereby revoking all others.

1^st. It is my will and desire that all just debts and funeral expenses be first paid. Debts due in Tennessee to come out of my property there. Those due in Virginia and elsewhere if any other than Tennessee, to come out of my property in that state.

2^nd. I give to my friend Capt. John Thompson Jr. of this place the sum of two thousand dollars ($2000.)

3^rd. I give and bequeath to my brother in law Wm. Wirt Henry all my library of Law Books and to his brother Thomas S. Henry I give my gun, my fine eight silver keyed flute and my flute music.

4^th. I give to my friend S. M. Garland of this place as a small memento for acts of friendship five hundred dollars ($500.)

5^th. I give to the same Saml. M. Garland and John Thompson Jr. as trustees the sum two thousand dollars ($2000) to be expended by them in creating on some suitable location in sight of my house at Amherst Courthouse a building to be used on the basement story a school room or Academy and above as a Masonic Hall or lodge by the Clinton Lodge to which I belong.

6^th. I give to my beloved wife Elvira M. Higginbotham the entire rest and residue of all my estate property and effects wheresoever and whatsoever especially including all estate of every kind devised and bequeathed to me by the Will of my Uncle Daniel Higginbotham dec’d.

7^th. Being about to travel to the Island of Cuba; reflecting upon the possible perils of the trip; the possibility that it is now quite improbable that I shall survive my wife and being exceedingly desirous that I may not die leaving any part of my estate real or personal undisposed of by will, and especially that part devised and bequeathed to me by the Will of my Uncle Daniel Higginbotham dec’d, I do hereby declare that in case my wife should die before I do without issue, then and in that case I devise and bequeath unto May Cabell of Nelson County all the estate heretofore given to my wife, in that that he apply the annual profits to the care and benefit of my respected father and mother in law Mr. And Mrs. John Henry for and during their joint lives and the life of the survivor, and at the death of the longest liver then the principal itself to go to such of the children of the said John Henry, as he the said John Henry may by deed in writing in his lifetime or by Will appoint or select.

Lastly. I do hereby appoint the aforenamed Capt. John Thompson Jr. and S. M. Garland both of this place executors to this my last Will and Testament and I hereby give them express power to sell any real estate which may belong to me under the Will of my Uncle Daniel Higginbotham dec’d, and although I believe myself entitled to more I am willing and hereby authorize them to adjust and compromise the suit now going on to settle my claim on that estate upon the terms following that is to say: for 1/3 of $50,000 with 2 and 3 years from the 1^st January next and John J. London to pay me in addition 1/3 of the rents of the real estate up to the date of compromise over and above all demands against me in any wise. I also give my executors power to convert to my half Uncle Kim (?) Vaughn of Tennessee a deed to my tract of 227 acres near Nashville and my interest in the (???) of my (???) Grandmother on the terms lately agreed upon between by correspondence, that is to say $6000--$2000 to be paid this fall the rest in three equal annual installments without interest. It is my will and desire that my said executors be not required to give security. Witness my hand and seal to this my last Will and Testament at Amherst Courthouse this 30^th day of September 1848.

Jesse A. Higginbotham {Seal}

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