John Higginbotham Jr. (1726 - 1814)

In the name of God Amen I John Higginbotham of the County of Amherst and State of Virginia being of sound mind and recollection do make this my last Will and Testament in writing viz. It is my will and desire in the first place that all my just debts shall be paid.
Item. I give unto my beloved wife Rachel Higginbotham for her comfortable maintenance and support during her natural life the whole of my estate both real and personal, and after her death I give unto my son John Higginbotham the sum of one thousand dollars, it being an extra sum for monies years and services rendered by him which sum is to come out of the proceeds and income of my estate of so much there be after allowing a comfortable support and maintenance to my beloved wife Rachel Higginbotham and my daughter Frances R. Higginbotham so long as she may remain single and continues with her mother. If the profits of my estate should not be sufficient to answer the above mentioned purposes of comfortably supporting my said wife and daughter and of saying to my said son Higginbotham the above mentioned sum of one thousand dollars then the same is to be raised and paid out of the monies arising from the sale of my estate as herein after directed. As I am sensibly impressed with a due sense of the great attention care and filial duty which my daughter Frances R. Higginbotham has bestowed upon me and her mother during our old age and infirmities I give and bequeath to her the two following slaves viz. Minerva and Charlotte girls and sisters to her, her heirs and assigns forever. Item. I do hereby confirm and ratify the gift which I have heretofore made to my daughter Nancy Higginbotham of a Negro woman named Betty and her increase to her and her heirs forever. I do also confirm the gift or gifts which I have heretofore made to my son James Higginbotham declaring the same to be his full proportion of my said estate. Item. I do also confirm the gift or gifts which I occasionally made to my daughter Tirzah London hereby declaring the same is made to her in trust for the sole and only purpose of her immediate use and comfort in life, and after her decease the title and fee simple interest to be vested forever in the children or issue lawfully begotten of her body, free from claim, contract or direction of any other person whatever. Item. It is my will and desire and do hereby direct that after the death of my beloved wife, the whole of my estate both real and personal excepting that part which has already been disposed of shall be publickly (sic) sold by my executors hereafter named in the following manner, that is to say, all my personal estate to be sold on twelve months credit and all my real estate be sold on one, two and three years credit the purchasers giving bond and security to be approved of by my executors with legal interest thereon from the date if not punctually paid, and the money arising from such sale or sales to be equally divided into eight parts giving to my son Thomas Higginbotham one eighth part, to my son David Higginbotham one eighth part, to my son John Higginbotham one eighth part, to my son Jesse Higginbotham one eighth part, to my son Daniel Higginbotham one eighth part, to my son Reuben Higginbotham one eighth part, to my daughter Frances R. Higginbotham one eighth part, to them and their heirs forever; and the remaining eighth part I leave in the hands of my two sons, Thomas and David Higginbotham for the use and comefit (sic) of my son Eugene Higginbotham his heirs and assigns forever, to be by them laid out, controlled and managed as they may or the survivor of them, conceive to be most advantageous and convenient to his interest. Lastly I hereby revoke and annul all former Wills by me made and do appoint my son John Higginbotham and my son Thomas Higginbotham executors of this my last Will and Testament. Given under my hand and seal this 22nd day of June 1813.
Jno. Higginbotham {Seal}

Teste
Wm. S. Crawford
James Higginbotham
James H. Dillard
Young Hawkins

At a Court held for Amherst County 19th day of Sept. 1814 this last Will and Testament of Jno. Higginbotham dec’d is this day produced into court and was proved.
The oaths of Wm. S. Crawford, James Higginbotham, James H. Dillard three subscribing witnesses thereto and orders to be recorded and at a Court held for the aforesaid County the 17th day of Octo. 1814 John Higginbotham and Thomas Higginbotham the execs named in said Will came into Court and qualified thereto and entered into and acknowledged their Bond with James Murphy Eliaz Wills and Wm. S. Crawford their security in the penalty of $10000 conditioned as the law directs. Certificate is granted them for obtaining probate thereof in due form.
Teste
W. S. Crawford

Notice of estate sale from the Lynchburg Press on Thursday 11/10/1814
NOTICE—Will be sold to the highest bidder on Tuesday the 29th, Nov. next at the late dwelling of John Higginbotham decd in Amherst County, the following property to wit:
Between twenty five and thirty Negro slaves, consisting of men, women, boys and girls; all the stock of Horses, Cattle, Sheep and Hogs—All the house hold and Kitchen furniture, and plantation utensils, the Crop of Fodder Corn etc. belonging to said estate—Twelve months credit will be allowed the purchasers on giving bonds with approved security, to bear interest from the date if not punctually paid.
Also will be offered for sale, on the same day, three tracts of land lying in the aforesaid County of Amherst viz: the tract whereon the said John Higginbotham, lately resided; containing two hundred acres, lying within two miles of New Glasgow, adjoining the lands of James Higginbotham, Joseph Dillard and others; the tract known by the name of the poplar grove containing upwards of two hundred acres, lying within two or three miles of the Court House of said County, on Rutledges Creek adjoining the lands of Joseph Higginbotham and others.

And the other tract containing, supposed five or six hundred acres, lying on the east side of the Buffaloe Ridge in the neighborhood of the Folly. The above Lands will be sold on a credit of one, two and three years; the purchasers will also be required to give bond with approved securities to bear interest from the date if not punctually paid.
John Higginbotham
Thos. Higginbotham
Acting Executors of John Higginbotham, Dec’d.
31st October, 1814

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