Will of Thomas NETHERY

Mecklenburg Co., VA, Will Book 4, Page 34, Will of Thomas Nethery 1798

In the name of God Amen I Thomas Nethery of the County of Mecklenburg aged Seventy eight Being weak and low but of sound mind and Sences Calling to mind that it is appointed for all men once to die do make and ordain this to be my last will and testament in manner and form following that is to say,

first It is my will and desire that none of the children which I had by my two first wives come in for any part of my estate which I die possessed of either real or personal or of any kind what soever as I give them severally as they come of age or left me Such part of my property as was fully equal to their share and as I could afford except my son James to whom I give the young sorrel mare he paying three pounds to be considered as his full share of my estate and all that I intend to give him

Secondly I lend my wife all my estate which I bold at my death to wit my lands stocks of every kind and household furniture to be by her held and as far as possible keep together to enable her to bring up and educate my four younger children which I have by her But if my wife marries then she is only to have the use of a third part Such estate for life

Thirdly, it is my will that the estate both real and personal which I die possessed of be equally divided between my said four children when they come of age or marry Securing to my wife a life Estate in her thirds if She be alive and should either of these four children die in their Infancy then their part or parts to be equally divided Between the living ones of these four

Lastly I appoint my wife executrix to this my will and request She may not be called upon to give Security as the children are her own and I have no doubt but She will do her duty by them

IN WITNESS WHEREOF I have set my hand and Seal this 24th January 1798

Read in his presence and Delivered by him to be his last will & Testament & was Signed Sealed & Delivered as Such

Thomas Nethery (his mark)

in presence of us
Lewis Burwell
Thomas ZAMCE
William Keeton

At a Court held for Mecklenburg County the 11th day of June 1798.

This will was proved by the oaths of Lewis Burwell and William Keeton witnesses thereto and ordered to be recorded and on the motion of Nancy Bethery the executrix therein named who made oath thereto and entered into and acknowledged her bond in the penalty of one thousand dollars conditioned as the law directs Certificate was granted her for obtaining a probate of the said will in due form

Teste
William Baskerville Ct. CJK.

Submitted by Patricia Henderson-London 9 Mar 1999