Last Will and Testament of Moses Higginbotham (ca1760-1826)

Tazewell Co., VA

Transcribed by William Morris Higginbotham

Charleston, WV

2001

Will Book 1 Page 211-212

 

I Moses Higginbotham of Tazewell County and State of Virginia being of sound and disposing mind and memory do make publish and declare this to be my last will and testament.

First, I will and bequeath unto my dearly beloved wife Betsey Higginbotham after the payment of my debts all my property both real and personal during her natural life, so long as she remains single.  Confirming unto my son Joseph Higginbotham the gift of land made to him by me.  Beginning at the white oak corner running with fence to the corner of the meadow, running up the fence to the dry branch to the water gap, thence to the walnut stump joining the said Joseph Higginbotham’s own fence.  In case my wife Betsey should marry after my decease, I will and bequeath unto her an equal portion of my estate, with each of my children, after the death of my said wife, Betsey Higginbotham.  I give and bequeath all my land which I shall die possessed of to my three children.  George Higginbotham, I will to him beginning at the big buckeye at the water gap thence running to the lyn and walnut stump running the line to the chestnut corner thence following the line to the head of the hollow opposite the Chaffin barn thence running down the hollow to the barn, thence running round the field, as the fence stands to the buckeye corner.   Charles and Thomas Higginbotham the balance of the old plantation divided to suit each of them.  Thomas is to have the home place to them their kin and assigns forever.   I will the sugar (?) place to Moses and Aaron Higginbotham and their kin and assigns forever.  It is my desire that all my children should receive an equal part of my estate and those children who have received no portion of my property should receive an equal part with the others beside an equal share of the remainder of my estate in order to place them all on an equally as it respects the property which I bequeath them.   I will to my daughter Francis to her and her heirs of her body lawfully begotten a Negro girl named Sall.   I will to my daughter Jane to her and her heirs of her body lawfully begotten, a Negro girl named Sophia.  I will to my daughter Rachael to and her heirs of her own body lawfully begotten, a Negro girl named Emily.  If the children all can agree, Stephin can choose his own master among the children if he behaves himself.  Finally I appoint my sons William Higginbotham and son Joseph Higginbotham Executors of this my last will and testament. In witness whereof I here unto set my hand and seal this 27th day of October 1826.  Signed, sealed, published and delivered in the presence of

James Stephenson

David Belcher

Joshua Belcher

 

Moses Higginbotham [his mark]

 

November Term 1826

The above was proven in Court and ordered to be recorded, appraised, appointed, Executors gave Bond and were sworn.  Book page 103

 

John Goodall

 

 

Will Book 1 Page 234

In the County Court of Tazewell, September Term 1827, William Higginbotham and Joseph Higginbotham, Executors of Moses Higginbotham deceased ????? of said estate which is ordered to be recorded.

 

Will Book 1 Page 243

Pursuant to a Commission from the County Court of Tazewell directing us to divide a part of the personal estate of Moses Higginbotham, deceased, equally between the heirs of said Higginbotham we have valued the slaves surrendered to us for that purposes by Elizabeth Higginbotham, widow of said Moses Higginbotham, deceased, in the following manner, viz, Eqypt at $400, Amy and child at $333.34, Milly at $290, Addam at $325.34, Pleasant at $308.34, Sampson at $175, Henry at $175, and the heirs of said Moses Higginbotham, deceased, all being present, to wit, William, Moses, James, Joseph, George, Aaron, Charles, Thomas and Rachel Higginbotham and Balaam Boling and Francis his wife, late Francis Higginbotham, Samuel C. Sawyers and Jane his wife, late Jane Higginbotham, and Elizabeth Higginbotham guardian for Thomas and Rachel, infants, consented and agreed to and divided the above slaves as follows:  Joseph, Milly at $305; Moses, Addam at $350; James, Eqypt at $321.22 and Amy and child at $333.34; Aaron, Pleasant at $335; Thomas, Henry at $182.73, that being the amount of each heir.  Interest in the above slaves agreeable to the above valuation and Charles, Sampson at $182.73, given under our hands this 23rd Day of June, 1828.

Henry Bowen

William Thompson

William Barnes

 

 

 

 

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