Will: James Henry, dated 31 Oct 1806 Proved 20 Aug 1809 Augusta Co., VA Will Book 10, Page 309 Contributor: Carol Vass ---------------------------------------------------------- In the name of God amen I James Henry of the County of Augusta and State of Virginia being sick and weak in body but of sound mind, and disposing memory (for which I thank god) and calling to mind the uncertainty of human life and being desiruous to dispose of all such worldly estate as it hath pleased God to bless me with, I give and bequeath the same inmanner following, that is to say 1st I desire that so much of my personal estate may be sold after my decease, as will raise money sufficient to fray all my just debts and funeral expenses, but should my personal property prove insuffiicient for the above purpose then I desire that my executors hereafter named may sell such part, or the whole (if necessary) of my lands, as may be found necessary to pay the remainder of my just debts. 2dly after my debts and funeral expenses are freed, I give to my beloved wife Mary the one third of my estate both real, and personal, the dwelling house to be included in her part of the land, all which I allow to her use during the term of her natural life. 3dly the remaining two thirds of the lands on which I now live and the aforesaid one third also at the death of my wife I will and allow my executors to keep in their hands as for the discharge of any debts that may arise against my estate I hold the claim set up by the heirs of Jol Borden for any lands I now hold or did formerly hold, be made good during the trendency (?) of said suit my Exrs may if the are of opinion there will be a sufficiency without it, give to my daughters, Sarah and Nancy, the annual profits arrising from said land, except, as mentioned above the one third during the life of their mother, should the heirs of Borden fail in establishing their claim, and the titles to the aforesaid be considered good inlaw and equity, in such case, I will and bequeath the tract on which I now live (or so much thereof as may remain after my just debts are paid, and the claim of my son John, if he should make it good is satisfied, and the one third so above mentioned during the life of their mother) to my Daughters Sarah and Nancy to be equally divided between them. To my son James I will (in case the lands refered to above be made good) fifty pounds lawful money, likewise in said case to Sarah Alexander, wife of William Alexander I will ten dollars, likewise in said case to Matilda my granddaughter such a share as my Exrs in their discretion may think proper. All the remainder of my estate both real and personal, of whatsoever nature or kind I allow to be equally divided amongst my children viz James, Robert, Sarah, Nancy, Mary & John but if said John my son should gain a piece of land from me for which he has brought suit, In that case i allow him but one dollar. All of the above legacies bequeathed to my children herein above mentioned I allow them, and their heirs forever and I do hereby constitute, and appoint my sons James & Robert Henry the executors of this my last will and testament, and I do hereby authorize said executors to make conveyances for any lands of mine that they may have occation to sell as also for any lands by me sold, and not conveyed. And I do hereby revoke all other and former wills or testaments by me heretofore made and do ordain this as my last will and testament In witness whereof I have here unto sit my hand and seal this 31st day of October 1806. Signed, sealed, published and declared as the last will and testament of the above named James Henry Senr James Henry in the presence of us. John McFaddin Samuel Eakin James McClang James Poage At a court held for Augusta County This last will and testament of James Henry deceased was presented in Court and proved by the oaths of John McFaddin, Samuel Eakin, James McClung and James Poage the witnesses thereto and is ordered to be recorded And on the motion of James Henry and Robert Henry the executors therein named who made oath according to law and together with William Fulton ****************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, this document may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor or a legal representative of the contributor, AND you provide the listed USGenWeb archivist with proof of this consent. ******************************************************************