Joseph Higginbotham (ca1767 - aft1818)
Transcribed by William Morris Higginbotham
Misterhigg@aol.com
Charleston, WV
05/28/2000

 

In the name of God Amen I Joseph Higginbotham of the County of Amherst do make this my last Will & Testament in manner and form following to wit my will and desire is that all my just debts be paid by my Executors hereafter to be named.
Item. I give the whole of my estate both real and personal to my brother Benjamin Higginbotham in during his natural life and at his death I give the same property to my nephew James Higginbotham son of Joseph Higginbotham of this County to him and his lawful begotten heirs forever on condition that the said Jas. Higginbotham will support my sister Susannah Smith wife of James Smith gentully (sic) in during her natural life. Should it so happen that the said James Higginbotham should die without a lawful begotten heir or heirs in that case my will and desire is that my Executors shall sell the whole of my estate both real and personal allowing the Negroes the liberty of being sold in family and choosing their masters and the money arising from such sale to be equally divided among the children of my brother Joseph Higginbotham and the children of sister Francis Morrison to them and their heirs forever on condition that they will support my sister Susannah Smith gentully the remainder of her life. Finally I appoint my friends Wm. Duncan , Dabney Sandidge & Benj. Taliaferro Executors of this my last Will & Testament in witness whereof I have hereunto set my seal this 27th day of February 1818.
Joseph Higginbotham (his seal)

Witness:
Philip Smith
Dudley Sandidge
Jno. W. Young

At a Court held for Amherst county the 19th day of May 1823 this last Will & Testament of Joseph Higginbotham dec'd was this day produced in open court and proven by the oaths of Dudley Sandidge & John W. Young two subscribing witnesses hereto and ordered to be recorded and Dabney Sandidge one of the executors named in said same Will came into Court and qualified and entered into an acknowledgement a bond in the sum of $20000 with Cornelius Sale, Zack Drummund, Robt. Tinsley and Dudley Sandidge his securities conditioned as the law directs. Certificate is granted him for obtaining probate thereof in due form.
Teste
A. B. Davies A. C.

 

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