Moses Higginbotham Sr. (ca1713 - 1791)

Misterhigg@aol.com

In the name of God Amen. I Moses Higginbotham of the County of Amherst and State of Virginia being very sick and weak but of perfect mind and memory thanks be given unto God calling unto mind the mortality of my body and knowing that it is appointed for all men onst (sic) to die do make and ordain this my last will and testament that is to say princepaly (sic) and first of all I give and recommend my soul unto the hands of Almighty God that gave it and my body I recoment (sic) to the earth to be buried in decent Christian burial at the direction of my executors nothing doubting but at the general resurrection I shall receive the same again by the mighty power of God and as touching such worldly estate whare (sic) with it has pleased God to bless me in this life, I give demise and dispose of the same in the manner and form as followeth. Item, I give and bequeath to my dearly beloved wife Frances Higginbotham six Negros towit, Lewis, Phillis, Elizabeth, Amy, Sarah and Caroline and two hundred and four acres of land I now live on, and all my horses cattle, sheep and hogs and all my household furniture during her widowhood or life. Item, I give unto my well beloved son Joseph Higginbotham one Negro boy named Solomon and two hundred acres of land on both sides of Rutledge Creek the land my aforesaid son Joseph now lives on, to him and his heirs forever. Item, I give to my well beloved son Robert Higginbotham one Negro boy named Fountain and one feather bed, to him and his heirs forever. Item, I give to my well beloved son Moses Higginbotham one Negro boy named Stephen to him and his heirs forever. Item, I give to my well beloved son William Higginbotham one Negro boy named John and two hundred and four acres of land whereon I now live and that he the said William Higginbotham to take possession of the said land at my well beloved wife marriage or death, to him and his heirs forever. Item, I give to my well beloved daughter Rachel Higginbotham one Negro boy named Lewis and two hundred acres of land on the branches of Harrises Creek and to be taken off the lower end of my tract of four hundred acres of land on the branches of the said creek to her and her heirs forever. Item, I give to my well beloved son Charles Higginbotham one Negro boy named Bentley, and two hundred acres of land on both sides of Rutledge Creek and adjoining Buffalo River on the south side whereon I formally had a mill to him and his heirs forever. Item, I give to my well beloved daughter Frances Higginbotham one Negro girl named Easter to her and her heirs lawfully begotten and one feather bed. Item, I give to my well sons Joseph, William and Charles Higginbotham all my blacksmiths tools, and one still, and one whipsaw to be in common between the above mentioned Joseph, William and Charles Higginbotham. Item, I give to my well beloved sons Robert and Moses Higginbotham two hundred acres of land on the branches of Harrises Creek to be taken off the upper end of my tract of four hundred acres of land on the branches of the said creek to be equally divided between them.

Item, I give to my well beloved sons and daughters Joseph Higginbotham, Robert Higginbotham, Moses Higginbotham, William Higginbotham, Rachel Higginbotham, Charles Higginbotham, and Frances Higginbotham six Negroes towit Lewis, Phillis, Elizabeth, Amy, Sarah, and Caroline and their increase to be equally divided between my aforesaid children, Joseph, Robert, Moses, William, Charles, and Frances at my well beloved wifes marriage or death.

Item, I give to my well beloved son William Higginbotham Rachel Higginbotham my well beloved daughter and my well beloved son Charles Higginbotham all my horses, cattle and hogs to be equally divided between my before mentioned children William, Rachel, and Charles at my well beloved wifes marriage or death. Also I constitute and ordain Frances Higginbotham my well beloved wife, and my son Joseph Higginbotham and William Higginbotham my sole executors of this my last will and testament all and singular my lands messuages and tinements by them freely to be posesed (sic) and enjoyed, and I do hereby utterly dissalow (sic), revoke, and disanul (sic) all and every other former testaments, wills, legacies, bequests and executors by me in any wise before named willed and bequeathed, rattifying (sic) and confirming this and no other to be my last will and testament. In witness whareof (sic) I have hereunto set my hand and seal this twenty ninth day of September one thousand seven hundred and ninety.

(Moses’ signature)

Signed sealed published pronounced and delivered by the said Moses Higginbotham as his last will and testament in the presence of us, who in his presence, and in the presence of each other have hereto subscribed our names.

John Higginbotham

James Higginbotham

Rachel Higginbotham

At a court held for Amherst County the seventh day of February 1791 this last will and testament of Moses Higginbotham deced (sic) was presented in court by Francis Higginbotham executrix and Joseph Higginbotham one of the executors therein named, and proved by the oath of witnesses thereto; and the said executrix and executor with James and Charles Higginbotham their securitys entered into and acknowledged their bond in the penalty of three thousands pounds, and took the oath required by law; and ordered to be recorded.

Teste

Wm. Loving

Know all men by these presents that we Joseph Higginbotham (son of Moses) and Frances Higginbotham, James Higginbotham and Charles Higginbotham are held and firmly bound to William Cabell, Ambrose Rucker, Nicholas Cahill, Benjamin Rucker, and William (unreadable) Gent, Justices of the Court of Amherst County, now sitting in the sum of three thousand pounds and to the payment whereof well and truly to be made to the said Justices and their successors, we bind ourselves, and each of us, our, and each of our heirs executors and administrators jointly and severally firmly by these presents, sealed with our seals, this seventh day of February in the year of our Lord 1791 and in the tenth year of our Commonwealth.

The condition of this obligation is, that if the said Joseph Higginbotham Executor and Frances Executrix of the last will and testament of Moses Higginbotham deceased, do make or cause to be made, a true and perfect inventory of all and singular, the goods, chattles and credits of the said dec. which have or shall come to the hands, possession or knowledge of the said Joseph Higginbotham and Frances Higginbotham or into the hands or possession of any other person or persons for them, and the same so made do exhibit into the County Court of Amherst at such a time as they shall be thereunto required by the said Court according to law, and do make a just and true account of their actings and doings therein, when thereto required by the said Court; and further do will and truly pay and deliver all the legacies contained in the said will as far as the said goods, chattles and credits will extend according to the value thereof, and as the law shall charge. Then this obligation to be void or else to remain in full force and virtue.

Joseph Higginbotham

Frances Higginbotham

James Higginbotham

Charles Higginbotham

At a Court held for Amherst County the seventh day of February 1791 this bond was acknowledged by the subscribers thereto and ordered to be recorded.

Test

Wm. Loving

Home    Back