William Higginbotham (ca1761 - 1832)

Misterhigg@aol.com

In the name of God Amen, I William Higginbotham of the County of Amherst in the State of Virginia, being now well stricken in years and infirm and feeble of body, but sound mind and disposing memory, and admonished by every days occurrances, of the uncertainty of human life do make and ordain the following clauses to be my last will and testament, in manner and form following, that is to say.

In the first place it is my will and desire that my son Robert Higginbotham, do take charge of my beloved wife Mary Higginbotham, his mother, if she survives me, and provide for and furnish her, such decent and comfortable, maintenance, support and protection; as her various wants from time to time may reasonably require, and to that end, I do hereby make the whole Estate herein after devised to my said son Robert especially chargeable, for and during the natural life of my said wife, whether in the hand of my said son Robert or his legal representatives.

Secondly, it is my will and desire, and I do hereby give to my son Robert Higginbotham, the tract of land whereon I now reside, supposed to contain about two hundred and four acres, be the same more or less, with all and singular the improvements, appurtenances and privileges thereunto in my will belonging – likewise my houses and lot in the town of New Glasgow, with all the appurtenances and privileges thereunto belonging – to the only proper use and behalf of my said son Robert and his heirs forever. I also give to my said son Robert, the following thirteen Negro slaves, towit: my man John, his wife Frances, and their six children Little John, Washington, Mary, Henry, Malinda, and Henrietta – also old Caroline, my man Preston, and my woman Jestina and Betsy and George the child of Betsy – together with the natural increase of the females of said slaves, from this time to the day of my death, the aforesaid thirteen slaves, and their natural increase as aforesaid, to the only proper use and behalf of my said son Robert, for and during his natural life, and at the time of his death to be equally divided among his children then living also the legal representation of such as may be dead, share and share alike, the representative party if composed of more than one person, to take such share only as the progenitor would be entitled if living, to them and their heirs forever. I also give to my said son Robert, all the stocks of horses, cattle, sheep and hogs, likewise all such crops, plantation utensils, household goods and kitchen furniture, to which I may be in any wise entitled at the time of my death, and all the debts that may then be due me on account of my former Grocery at New Glasgow, and he may be able to collect them, to him and his heirs forever.

Thirdly – It is also my will and desire, and I do hereby give to my grand children Shannon T. Watts, Sterling F. Watts, Robert Wm. Watts and James M. Watts, children of my daughter Jane S. Watts dec’d the following eleven Negro slaves, towit: my woman Matilda and her son William, my woman Mary and boy Bury now in the possession of their father James D. Watts, and who I cannot doubt will justly execute my will in this respect; likewise my woman Sophia and her six children, Peter, Eliza, Anne, Egypt, Ellen and Shadrick, together with the natural increase of the females of said slaves, from this time to the day of my death, to inure to the common benefit of my said grand children during their minority or until either of them shall marry, upon the happening of which event or when the eldest which may be living shall attain the age of twenty one years, then it is my will and desire, and I do hereby direct that the aforesaid eleven slaves and their natural increase as aforesaid shall be equally divided among my said four grand children, share and share alike, or the survivor or survivors of them if either or any of them shall die in the mean time and their respective portion delivered them, as they shall respectively attain the age of twenty one years or get married as aforesaid but in case either or any of my said grand children after the delivery of their respective portions as aforesaid shall die unmarried, then the portion thus delivered shall revert to his or their surviving brother or brothers to be equally divided as aforesaid, to them my said grand children, the survivor or survivors of them and their heirs respectively forever. It is also my will and desire, and I do hereby direct that my Executors herein after appointed do at their own discretion, but at any rate by the time either of my said grand children will be entitled to take under the preceding part of this clause, do proceed to sell such interest as I may have being one and a half shares in the land of my brother Chs. Higginbotham dec’d on Buffalo River – and divide and pay over the proceeds of such sale, between my said four grand children or the survivor or survivors of them in manner and form as herein before directed as to the slaves.

Fourthly – It is my will and desire and I do hereby direct that all the monies I may have on hand, and all debts due me at the time of my death, other than those devised to my son Robert as aforesaid when collected, shall by my said Executors be put out to interest upon proper securities, to remain as a joint fund for all my grand children, as well the children of my son Robert as of my said daughter Watts, and be paid over to them of principal and interest, in just and equal proportions at the time of payment, as they shall respectively attain the age of twenty one years, or get married – but his subject of my estate in the first place to be applied to the payment of any just debts which I may owe at the time of my death, and provided also that if any, or either of my said grand children shall die without issue, not having received his or her portion of this monied fund, this legacy as to them shall thereby abate and go to the surviving grand children in equal proportions in manner and form aforesaid.

Fifthly. It is also my will and desire, and I do hereby give to my son Robert Higginbotham, in consideration of affectionate attention which I enjoin it upon his to observe towards his aged mother my Negro man Isaac – who it is my wish shall not be sold out of my family, to him the said Robert and his heirs forever.

Sixthly and lastly. I do hereby constitute, ordain and appoint my son Robert Higginbotham and my son in law James D. Watts to be Executors of this my last Will and Testament, utterly revoking and annulling all other or former wills by me made or intended to be made, in any manner or form whatsoever, declaring as I hereby do, this, to be my only true last Will and Testament.

And finally having set my household in order by such a disposition of my worldly estate, as, under all circumstances, and upon due consideration of the liberal advancements heretofore and otherwise made to my said daughter and her said husband in her life time seem to me to be most just and expedient, and injoining it upon all parties to be therewith content, I cheerfully resign myself and all that I am, to the justice and mercy of the God who made me.

In witness whereof I have hereunto set my hand, and affixed my seal this 2^nd day of January in the year 1832.

Wm. Higginbotham {Seal}

Signed, sealed, published and declared, by the aforesaid Wm. Higginbotham as and for his last will and testament in the presence and hearing of us, who at his request and in his presence have subscribed our names as witnesses.

H. M. Garland

Wm. H. Knight

At a Court held for Amherst County the 20^th day of February 1832, the last Will and Testament of William Higginbotham deceased was produced in Court and proved by the oaths of Hudson M. Garland and William H. Knight subscribing witnesses thereto and ordered to be recorded; and Robert Higginbotham one of the Executors therein named came into Court and together with James S. Higginbotham and William H. Knight his securities, entered into and acknowledged a bond in the penalty of $12,000 conditioned according to Law, leave is granted him to obtain a probate thereof in due form, and liberty is reserved to the other Executor to join in the probate if he shall think fit.

Teste

Robert Tinsley, clk

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