William A. Higginbotham (1823 - 1898)

Misterhigg@aol.com

I William A. Higginbotham of the County of Amherst, State of Virginia, declare this to be my last will and testament.

I give and devise and bequeath to my wife Nancy C. during her life my entire estate real and personal for and to her exclusive use and benefit and after her death to Paulina P. Higginbotham to have and to hold in fee simple the present house and fifty acres of land attached. This fifty acres to include the stable, tobacco barn, corn house and other out houses near to the dwelling house; also the tenants house near the line of Wilsher and also all of the farming utensils, stock of every description that may accumulate up to and at the time of her mothers death together with the household kitchen furniture, The remainder of my lands after the payment of my debts to be equally divided into three equal parts to wit, one share to my two grandchildren, Minnie and Joanna Phillips in trust and it is my desire that my daughter Paulina P. act as their trustee. One share to my son Sarcien (sic) P. in fee simple and the other share to my daughter Mittie Hudson and her children in trust for herself and children. My carpenter tools to be sold and applied to my debts and I appoint my daughter Paulina P. my executor without security. In witness whereof I have hereunto set my hand and seal this day of June 10^th, 1896.

W. A. Higginbotham {Seal}

Subscribed by the testator in the presence of each of us and declared by him to be his last will and testament.

R. A. Smith {Seal}

Willie L. Eubank {Seal}

Ro. B. Wilsher {Seal}

The clause in the above instrument as to my Daughter Paulina Pettus Higginbotham I hereby alter so as to read if she should leave no bodily issue the whole of that portion of my estate hereby bequeathed to her shall revert to and be divided equally to and among her nearest kin.

Signed

W. A. Higginbotham {Seal}

The above instrument consisting of two sheets was now subscribed by wm. A. Higginbotham the testator in the presence of us and was at the time declared by him to be his last will and testament and we at his request hereby sign our names hereto so attesting witnesses as witness our hands the 10^th day of June 1896

R. A. Smith {Seal}

Willie L. Eubank {Seal}

Ro. C. Wilsher {Seal}

March 23^rd 1898

Since writing the above will I desire to make a change in the same so as to give to my daughter Paulina P. Higginbotham that portion of my estate which would have gone my son S. P. Higginbotham should he had lived. I do this with a conviction of justice and an appreciation of services rendered by her and declare this to be my own act.

Given under my hand the above mentioned date.

W. A. Higginbotham

The above writing bearing date March 23^rd, 1898, was subscribed to and acknowledged by the testator in our presence and we hereunto subscribe our names as attesting to same.

March 23^rd, 1898

Ro. C. Wilsher

Virginia:

At a County Court begun and held for the County of Amherst, at the Co. Ho. On Monday, April 17^th, 1899, a proper writing bearing date on June 10^th, 1896, with two codicils thereto annexed, bearing date on the 10^th day of June 1896, and March 23^rd, 1898, respectively, purporting to be the last will and testament of Wm. A. Higginbotham dec’d was produced to the Court and the said portion of said writing bearing date on June 10^th, 1896, and the first codicil thereto annexed bearing date on June 10^th, 1896, was proved according to law by the oaths of Willie L. Eubank and Ro. C. Wilsher, two subscribing witnesses thereto, whereupon the said paper writing bearing date June 10^th, 1896, and the said first codicil thereto annexed bearing date on 10^th day of June, 1896, are ordered to be recorded as the true last will and testament of said Wm. A. Higginbotham, deceased.

And the Court doth appoint J. Rnd. Bibb, W. R. Jones, S. B. Higginbotham and C. T. Watts, who are directed to inventory and appraise the same and make return according to law.

A copy, teste:

Wm. Sandidge, Clerk

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