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Contributed
By: Sondra Foley
William Withers
Probate Records
Transcription of the probate records
for William Withers d. 6 JAN 1804 is true the original copy sent by
the Courthouse. In the following "L" represents the British pound
sign. LSS
Fauquier County Will Book 3, page 492:
In the name of God Amen. I William Withers of the county
of Fauquier being sick and weak of body but of sound & perfect
memory, thanks be to god for the same, do make and ordain this my
last will and Testament in manner and form following viz:
In the first place I desire all my just debts to be paid
and whatever property it hath pleased God to bless me with I desire
may be disposed of in manner and form herein after mentioned.
Item. I give and confirm to my son James Withers a
divided or part of the tract of land in Culpepper County whereon he
now lives as by a deed made him for the same and bounded as is
therein mentioned, together with the one half of an adjoining tract
of one hundred and nine acres to be divided by a straight [sic]
line beginning [sic] at a mulberry corner in the aforesaid deed
made him and running [sic] so across the said tract of one hundred
and nine acres as to include the one half thereof adjoining to him
the said James Withers and also the several negroes, Horses cattle,
etc. and whatever else he has of mine in his possession, with their
increase, to him and his Heirs forever.
It is my will and desire that the remaining parts of both
the aforesaid tracts of land of mine in Culpepper, as well the tract
first mentioned as that of the one hundred and nine acres together
with the several negroes, Horses, Cattle, Hoggs [sic] etc. of mine,
remain thereon and continue there for the benefit of my son Spencer
Withers and his wife during the term of their natural lives only and
after their decease to be equally divided among such of their
children as may then be living.
Item it is my will and desire that the several negroes,
Horses, cattle, and whatever else of mine now in the possession of
Vincent Garner remain therein for the benefitt [sic] of my daughter
Susanna during her natural life only afterward to be equally divided
among such of her children as may then be living._______________
Item. I give and confirm to my daughter Molley the wife
of William Withers the several negroes, Horses, Cattle & whatever
else they have of mine in their possession with their increase to
her and her Heirs forever______________
Item. I give and confirm to my daughter Alice, the wife
of John Ball Junr the Several negroes, Horses, Cattle, and whatever
else they have of mine in their possession with
their increase to her and her Heirs forever.
Item. I give and confirm to my daughter Agatha the wife
of Martin Porter the several negroes, Horses, Cattle and whatever
else they have of mine in their possession with
their increase to her and her Heirs forever________________
Item. I give and confirm to my son Jessie Withers all
that tract of land whereon he now lives which was willed to me by my
Father together with the adjoining tract of land which I purchased
of Thomas Ares on conditions of his paying to my son Elijah Withers
one hundred pounds good and Lawfill [sic] money of Virginia at or
within nine months after my decease together with the several
negroes, Horses, Cattle and whatever else he has of mine on his
possession with their increase to him and his Heirs forever.
Item. I give and confirm to my son Lewis Withers the
tract of land whereon I now live, which was willed to me by my
Father together with the several negroes, Horses, Cattle and
whatever else he may have of mine in his possession with their
increase to him and his Heirs forever.
Item. I give and confirm to my son Elijah Withers the
tract of land which I purchased of Fishers Heirs as by their deed
made to me, as also the One Hundred pounds mentioned in the bequeath
to my son Jessie together with the several negroes, Horses, Cattle
and whatever else he may have of mine in his possession with their
Increase to him and his heirs forever.
Item. I give and bequeath to my grand daughter Betty
Withers the daughter of William Withers my negro girl Amy to her and
her Heirs forever.
Item it is my will and desire that all the rest of my
negroes not herein disposed of namely Dick, Dinah, Ceasor, Ned,
Tamson, Willis, Elias, Jack, Agg, Adam, Floso, Bet, John, Brittain,
Priss, Jam, Will, Fan, and Harry with their future increase together
with all my stock of Horses,Cattle, Hoggs [sic] & Sheep and also all
my House hold and Kitchen furniture with all and every other species
of property of whatsoever kind it may be to be sold at the
discretion of my Executors hereinafter mentioned at public auction
within at least one year after my decease regarding as much as may
be the Several families of negroes and more especially the two
families of Brittain and Adam which are not to be separated and the
money so arising together with whatever debts may be due me be
collected into one general fund and to be equally divided among all
my children herein named and it is my will and desire that the two
shears [sic] of my son Spencer and daughter Susanna may be so de!
tained in the hands of my Executors or so secured in property or
otherwise as may appear to them most expedient to prevent the
principal from being spent or so squandered as to deprieve my
several Grandchildren, their sons, and Daughters from the benefitt
[sic] thereof but nevertheless it is my will & desire that my said
son Spencer and daughter Susanna enjoy the full profits thereof
during the time of their natural lives only & afterwards to be
equally divided among their several children which may then be
living.
It is also my desire in case any controversy should arise
respecting the true construction or meaning of this or any part or
word of this my last will and testament that in Such cases the
parties contending shall choose three or more discreat persons who
after examining their several claims may give their opinion
thereon, the majority of which shall be a final determination
thereof.
And lastly I appoint my sons James, Jessie and Lewis
executors of this my last will and testament revoking all others
heretofore made by me. In Witness whereof I here- unto set my hand
& seal this twenty first day of November anno Domini 1803.
William Withers seal
Sealed & acknowleged
in presence of
Enock K. Withers
Matthew Withers
Jennet Withers
Jas. Withers
At a court held for Fauquier County the 23rd day of January 1804
this will was proved by the oaths of Enock K. Withers, James
Withers and Matthew K. Withers witnesses thereto . . . James
Withers, Jessie Withers and Lewis Withers the Executors therein
named who made oath . . . and acknowledged bond in the penalty of
Eight Thousand dollars . . A small quantity of tobacco
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