In the name of Almighty God Amen. I John Barner [Sr.] of the County of Brunswick and State of Virginia being in good health of body and of a perfect sound and disposing mind and memory do make and ordain this to be my last will and Testament hereby revoking all other wills by me heretofore made and acknowledging this to be my last Will and Testament in manner and form following (that is to say)
First, I give and recommend my soul to god who gave it trusting for happiness to the mediation of our savior - my body to be buried in a Christian manner and after the payment of all my just debts it is my will and desire that the remainder of my worldly estate should be disposed of in the following manner to wit:
I lend to my beloved wife, Elizabeth Barner, during her natural life the following property, i.e., the tract of land whereon I now live containing three hundred and thirty two acres be the same more or less also the following slaves, Isaac, Charles, Stephen, Phillip, Jackson, Jerry, old Moll, Haney and her children Tom, Faury and Helliz, with her future increase, all my stock of horses, cattle, sheep and hogs - all the crops of Tobacco, corn, wheat, oats, rye, fodder cotton and thereon standing, growing and being at the time of my death - also all the stock of provisions which may be on hand - also all my household and kitchen furniture, plantation utensils. This clause is intended to give to my wife the use for life of all my estate not hereinafter given in specific legacies.
ITEM. I give to my son, Harrison Barner, and his heirs forever the tract of land which he now occupies and the following negroes (that is to say) Sue and her children which land and negroes are more fully described in deeds from me to him for that property. Also two other negroes Adam and Edmund both of which negroes are now in his possession. Also at the death of my beloved wife my will and desire is that my said son, Harrison, have two other negroes, Moll and Stephen.
ITEM. I give and bequeath to my son, John Barner, Jr., and his heirs forever the tract of land whereon he now lives containing two hundred and fifteen acres be the same more or less. Also I give to my son, John, and his heirs forever the tract of land (?) lent to my wife for life, and described in the first clause of my Will - which last mentioned tract of land he is not to have possession of until the death of my wife. Also the following negroes Mack and Haney with all the increase of Haney which negroes are now in his possession. At the death of my wife I also give to my son, John, two other negroes Jackson and Jerry to him and his heirs forever. Provided however that if my said son, John, should exhibit any accounts against my estate for his services in attending to my business previous to the year one thousand eight hundred and twenty one - then the land and negroes given to him in this clause to revert to my estate and be subject to any equal distribution amongst my legatees.
ITEM. I give and bequeath to my daughter, Rebecca Harwell, three negroes, Moses, Mary and Suckey, and their increase to her and her heirs forever which negroes are in her possession.
ITEM. I give and bequeath to the children of my deceased daughter, Elizabeth Ann Cleaton, two negroes Nancy & Lizzy with all their increase to be equally divided amongst them.
ITEM. I give and bequeath to the sons of my deceased daughter, Tabitha Hicks, one Negro named Fillis with all her future increase to be equally divided amongst all her sons which said Negro was put into the possession of Miles Hicks, their father of North Carolina.
ITEM. I give and bequeath to Lucy Hicks and Sally H. Hicks, daughters of my deceased daughter Tabitha, the following negroes, i.e., to Lucy Hicks, one Negro woman named Rose and her future increase to her and her heirs forever. Also one feather bed. To Sally H. Hicks, three negroes Delphy, Joseph, and Candisto her and her heirs forever - And it is also my will that they should be completely and entirely exonerated from any charge which may be instituted against them for board at my house or for the board of their negroes.
ITEM. I lend to my daughter, Judith Pittello, during her natural life three negroes now in her possession. i.e., Anthony, Vina and Jenney and their increase which said negroes at her death I give to her children to be equally divided amongst them, to them and their heirs forever.
ITEM. I give and bequeath to my daughter, Lucy Marable, three negroes, Mark, Fostrey and Lizzy and their increase - to her and heirs forever which negroes are in her possession.
ITEM. It is also my will and desire that at the death of my wife all the negroes lent to her except those previously disposed of with all the stock of horses, cattle, hogs, sheep and household and kitchen furniture, plantation utensils and crop of every description whatsoever with all and every part of my estate not herein before disposed of should be equally divided (the negroes in kind) amongst my daughters, and the children of those who are deceased in the following manner (that is to say) To Rebecca Harwell one fifth part, To the children of Elizabeth A. Cleaton one fifth part to be equally divided amongst them, To the sons of Tabitha Hicks one fifth part, To Judith Petillo I lend one fifth part for life to be divided at her death, amongst all her children, and To Lucy Marable one fifth part.
Lastly, I constitute, ordain and appoint, my friend Joseph H. Travis and William F. Brodnax, executors of this my last Will and Testament. In testimony whereof I have hereunto set my hand and seal this twentieth day of March 1821.
Signed by John Barner, Sr. (by his mark)
Witnessed by James W. Nicholson, William Buckner, Thomas H. Steod, and Burwell Barker.
Brunswick County Court May 27th 1822. The last will and testament of John Barner, Sr. deceased was proved by the oaths of James M. Nicholson, William Buckner & Thomas H. Stelie three of the witnesses thereto and ordered to be recorded. And on the motion of Joseph H. Travis and William F. Brodnax the executors therein named who made oath thereto according to law and together with Harrison Barner and John Barner, Jr., their securities entered into and acknowledged a bond in the penalty of Ten Thousand dollars conditioned according to Law. Certificate is granted them for obtaining a probate of the said will in due form. Teste, R. Turnbull, CSC
Will Book 9, page 223, Brunswick County, Virginia