Joseph Higginbotham (bef 1765 - 1827)

Misterhigg@aol.com

In the name of God amen I Joseph Higginbotham of the (County) of Amherst and state of Virginia being in sound mind and memory for disposing of all my temporal concerns have thought proper to make this my last Will and Testament revoking and disannulling all others made by me or in my name. First of all I recommend my soul into the hands of God who gave it and my body to be buried in a Christian like manner. Item 1^st. It is my wish and desire that all of my just debts be paid. Item 2^nd. I give to my well beloved son James S. Higginbotham during his natural life and no longer all the land that I may have in my possession at my death except my right and title to part of a tract of land belonging to the estate of my brother Charles Higginbotham deceased; also one Negro man named Pleasants. Item 3^rd. I give to my said son James S. Higginbotham during his natural life and no longer all household and kitchen furniture except my feather beds and furniture. Item 4^th. I give to my said son James S. Higginbotham during his natural life and no longer my waggin and waggin gear; also I give to my said son during his natural life and no longer all my stock of horses, cattle and hogs and one half of my stock of sheep; also one half of all my Negroes exclusive of the one already mentioned. Item 5^th. It is my wish and desire that if my son James S. Higginbotham at his death should have a child or children lawfully begotten by him the foregoing property of every description left to my son James S. Higginbotham during his natural life should go to the said child or children lawfully begotten by son James S. Higginbotham forever. Item 6^th. It is my wish and desire in case my son James S. Higginbotham shall not leave a child or children lawfully begotten by him then and in that case the whole of the property of every description left to him during his natural life as above shall go to the children of my daughter Frances McDaniel viz Joseph McDaniel, Jms. McDaniel, Preston McDaniel and Mary McDaniel. Item 7^th. I give to my well beloved grandchildren of my beloved daughter Frances McDaniel one half of the Negroes I may dire possess of also all my right and title to my part of a tract of land belonging to the estate of my brother Charles Higginbotham deceased; also forty dollars to be paid to them out of my estate for the building of a house on a lot adjoining the lot whereon the Baptist meeting house now stands; also one half of my stock of sheep; also my feather beds and furniture except the best bed I have which I give to my granddaughter Mary McDaniel to them and their heirs forever. I hereby acknowledge this to be my last Will and Testament revoking all others as heretofore mentioned and I do hereby appoint Thomas Higginbotham, my brother William Higginbotham and my son James S. Higginbotham Executors of this my last Will and Testament given under my hand and seal this 11^th day of November 1826.

Joseph Higginbotham {Seal}

Signed sealed and delivered in the presence of:

Jesse Higginbotham

Saml. W, Christian

Eugene Higginbotham

September 6^th 1827. In order to do my son James S. Higginbotham ample justice in disposing of my estate I make this codicil to my last Will and Testament of the 11^th November 1826 viz. I do hereby give to my son James S. Higginbotham a fee simple title to the tract of land he now lives on containing about 100 acres be the same more or less to him his heirs or assigns forever. I also give to my son James S. Higginbotham two boys by the name of Reuben and Zackeria to him and his heirs forever. I also give to my grandchildren two boys William and Archer to them and their heirs forever. Given under my hand and seal this 6^th September 1827.

Joseph Higginbotham {Seal}

Teste

Jesse Higginbotham

Allison Ogden

Eugene Higginbotham

At a Court held for Amherst this 17^th day of September 1827 this last Will and Testament of Joseph Higginbotham dec’d as also the codicil thereto attached were produced into Court and proved by the oaths of two subscribing witnesses and ordered to be recorded…..

Home    Back