Last Will and Testament of Thomas Higginbotham
(1767-1835)
Transcribed by William Morris Higginbotham
Charleston, WV
Amherst Co., VA Will Book 9 Page 47
I, Thomas Higginbotham of Amherst County, Virginia, do hereby make my last Will and Testament in Manner and form following, that is to say:
1st. I desire that my just debts and funeral expenses be first paid.
2dly. I give to my sister Tirzah London, the tract of land on which I now live, and to contain 200 acres, and forty bought of George McDaniel, and all the appurtenances thereunto belonging, with all my household and kitchen furniture except what is hereafter provided for, and at her death to go to her two youngest children, Mary Banks and William Augustus.
3dly. I give to John J. London the tract of land I bought of William Brown.
4thly. I give to Daniel H. London the tract of land I bought of Charles Taliaferro.
5thly. I give to Frances Woodroof and her children, the tract of land called Camdens, bought of D. & D. Higginbotham and Company.
6th. I give to my sister Ann Staunton Higginbotham’s, late of Georgia, children, twenty shares of Farmer’s Bank Stock.
7th. I give to the children of my brother, James Higginbotham, late of Kentucky, twenty shares of Farmer’s Bank Stock.
8th. I give to Ann E. London, fifteen shares of Farmer’s Bank Stock.
9th. I give to my brother, Daniel Higginbotham, fifty shares Virginia Bank Stock.
10th. I give to my sister, Frances R. Coleman, whatever she may owe me at the time of my death.
11th. I give to Wesley Jones son wife Archey Carey, one thousand dollars.
12th. I give to my brother, Daniel Higginbotham, in trust for the following persons, viz fifteen shares in the Bank of the United States, for the benefit of Jesse Higginbotham; my brother; twenty shares Farmer’s Bank Stock, for the benefit of Meeka Higginbotham, wife of James S. Higginbotham; ten shares Virginia Bank Stock, for the benefit of Nancy, my cook woman; ten shares of Farmer’s Bank Stock, for the benefit of Maria, my house woman; five shares of Farmer’s Bank Stock, for the benefit of Tom Casey, Maria’s son; five shares of Farmer’s Bank Stock, for the benefit of John Waller, Maria’s son.
13th. I give to Nancy and Maria a bed and furniture each, and a cow and calf each.
14th. It is my wish and desire that all my Negroes be set free viz.: Nancy, my cook woman, Maria, and her two sons, Tom Casey and John Waller, Caleb and their increase, Washington, Charles, Dandridge, William, Daniel, Spencer, Polly, Isaac, Carter, Ann and her children and increase, Charlotte and her children and increase, Jean and her children and increase, China and her children and increase, provided they are willing to leave the State; if not, they may choose any of my brothers or sisters they are willing to serve.
15th. It is my wish and desire that the balance of my estate be divided, giving to the children of my late brother, James, one-eighth part; to the children of my sister, Anne Higginbotham, one-eighth part; to David Higginbotham, one-eighth part; to Daniel Higginbotham, one-eighth part; to William S. Higginbotham, one-sixteenth part; to my brother, Reuben Higginbotham’s two sons, one-sixteenth part; to Daniel Higginbotham, in trust for the benefit of Jesse Higginbotham, one-sixteenth part; to Daniel Higginbotham, in trust for the benefit of Eugene Higginbotham, one-sixteenth part; to my sister, Frances R. Coleman, one-eighth part; to my sister, Tirzah London, one-eighth part.
And, lastly, I do hereby constitute my brother, Daniel Higginbotham, my executor of this my last Will and Testament, hereby revoking all former wills made by me.
In witness whereof, I have hereunto set my hand and seal, this 12th day of February, 1834.
Thomas Higginbotham {Seal}
It is expected my executor will sell whatever he may think best, my other property not given otr mentioned above.
(There were no witnesses)