Joseph Higginbotham (1720 - 1805)

Misterhigg@aol.com

In the name of God, I Joseph Higginbotham of the Colony of Virginia and County and parish of Amherst being in proper health and sound memory blessed be God therefore do this twenty third day of October one thousand eight hundred and two in the year of our Lord one thousand eight hundred and two make and publish this my last will and testament in manner and form as followeth that is to say principly and first of all I give and recommend my soul into the hands of almighty God that gave it and for my body I recommend it to the earth to be buried in a Christian like manner at the direction of my Executors nothing doubting but that the general Resurrection I shall receive the same again by the mighty power of God, and a touching such worldly estate wherewith it has pleased God to bless me in this life I give and dispose of the same in the following manner and form my lawful debts be paid. Imprimis (?) I give and bequeath to my well beloved son Joseph Higginbotham one Negro woman named Hannah and her son named William and the said hamatis (?) increase. Item I give and bequeath to my well beloved son Benjamin Higginbotham one Negro woman named Jinny one Negro, man named Jack, one Negro man named Thomas and one Negro woman named Dolley, also one hundred and fifty acres of land , the land I now live on, also one other tract containing ninety nine acres joining the former tract of 150 acres , also one tract containing 86 acres part of a tract of 300 acres of land joining the aforesaid tract of 150 acres of land also, one other tract containing 20 acres joining the aforesaid tract of 150 acres , also one other tract containing five acres and an half joining the aforesaid tract of 150 acres I now live on, also one other tract for 70 acres of land on the south branches of the Middle Fork of Pedlar River, also one other tract containing 290 acres of land on the said branches and joining the former of 70 acres.

Item, I give and bequeath to my well beloved daughter Susanna Higginbotham one tract containing 200 acres of land lying on both of Rulledges (sic) Creek joining the lines of Peter Cashwell and Henry Bower, also one Negro boy named Sam and one other Negro named Charles and one Negro boy named George. Item, I give and bequeath to my well beloved daughter Rachel Higginbotham one tract of land containing 390 acres on the branches of Buffalo River joining James Higginbotham lines. H. B. Frances Morrison and Hannah Ballow my well beloved daughter have received from me their legacies before this will was made. Item, all my lands that is not sold nor disposed of at my decease to be sold and the money arising therefrom to be equally divided between my well beloved children Frances Morrison, Joseph Higginbotham, William Higginbotham, Jacob Higginbotham, Hannah Below and Benjamin Higginbotham. Item, I will and bequest to my beloved sons and daughters that is to say, Joseph Higginbotham, Benjamin Higginbotham, and Susannah Higginbotham all my horses cattle hogs and sheep and all my household furniture and all my working tools all my crops of all kinds at my decease to be equally divided between my above mentioned children, Joseph Higginbotham, Benjamin Higginbotham and Susannah Higginbotham. Likewise I constitute make and ordain Joseph Higginbotham and Benjamin Higginbotham my well beloved sons my only and sole Executors of this my last will and testament and I do hereby utterly dissalow )sic) and revoak (sic) all wills ratifing (sic) this and no other to be my last will and testament in witness whereof I have hereunto set my hand and seal the day and year above mentioned. Signed sealed and published by the afore named Joseph Higginbotham for his last will and testament.

Signature of Joseph Higginbotham

Henry Ballenger

Benjamin Sandidge (his mark)

Jacob Phillips Sen.

At a Court held for Amherst County the 17^th day of June 1805, this last will and testament of Joseph Higginbotham deceased was presented in Court by Joseph Higginbotham and Benjamin Higginbotham the executors therein named and proved by the oaths of Benjamin Sandidge and Jacob Phillips two subscribers witness thereto and ordered to be recorded and the said executors having qualified according to law and giving bond with Wm. Sandidge, Benjamin Sandidge, John Clarkson and Henry Ballenger. their securities in the penalty of forty thousand dollars current money conditioned as the law directs. Certificate is granted them for obtaining probat (sic) thereof in due form.

Teste

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