Botetourt County, VA - Will of Andrew Borndragar, 1798 Submitted for use in the USGenWeb Archives by: ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ************************************************************************ WILL OF ANDREW BORNDRAGAR (father of Susannah, wife of Henry Pefley, and Anna (Nancy), wife of Samuel Pefley, brother of Henry. By the permission of Almighty God, I, Andrew Borndragar of Botetourt County, in the State of Virginia, being of sound and disposing mind and memory, do make and ordain this my last will and Testament in manner following (that is to say). First It is my will that such debts as I shall justly owe at the time of my decease, and my funeral charges and expense be in the first place paid off and fully discharged by my executors hereinafter named. And as to my Estate both real and personal, whether in possession, reversion remainder or expectancy, I give and devise the whole thereof except as is hereinafter excepted and reserved to Susannah my wife, Samuel Harshbarger, Christian Harshbarger and Benjn. Coffman, my Exors. as hereinafter appointed and their Heirs or such of them as may undertake the Execution of this My will, to uses upon the trust and for the intents and purposes hereinafter expressed contained of and concerning the same. That is to say, it is my will and desire that all of my Personal estate be sold by my Exors. for the payment of my just debts and the legacies herein given and devised, excepting and reserving thereout for my wife and for the use of my two infant children one horse, as many cows as she and the Exors. may think necessary for her and their use together with as much meat and grain as will be sufficient for her and their reasonable consumption and support for 1 year from the date of my decease. It is my further will and desire that my plantation be rented out until my son Martin arrives at the age of 21 years, and that the rent occuring therefrom be distributed and divided as follows, to wit, one third to be annually paid unto my wife, and other third to be paid in a like manner to my Daughter, Nancy, until she marries or arrives at full age and then to be held as a fund in the hands of my Exors. for payment of Debts or legacies, and the other and remaining third to be applied to the education and support of sd. son Martin. It is further my will and desire that as soon as my said son Martin arrives at full age the sd. Plantation with all of its tenances shall be sold for the best price that can be gotten, either at Publick or private sale and net pounds thereof to be equally divided between my wife, my daughter Susannah Pefley and Nancy and my sons David and Martin, or their heirs, deducting out of the said David's share one hundred pounds for a like sum hereinafter directed to be paid him by my Exors., sixty pounds out of Nancy's share also hereinafter directed to be paid her, and sixty pounds out as Susannah's share already given her upon and since her marriage. I give and devise to my son David one hundred pounds to be paid to him as soon as the situation of my estate will conveniently allow it to be done. I also give and devise to my Daughter Nancy sixty pounds to be paid to her when she marries or arrives at full age and in like manner as the Legacy to David is directed to be paid. As it is my earnest will and desire that all my Just Debts and the legacies hereby given should be honestly paid and with the least detriment to my estate if my Exors. find that my personal estate is not sufficient to satisfy those objects they are at liberty to sell and convey any part or the whole of my sd. tract of land and appurtenances for that purpose, and after satisfying and paying off the same to make distribution of residue of the proceeds of the sale as heretofore directed and with deductions there specified. It is further my will and desire that when my Exors sell my said plantation they reserve and except thereout my dwelling house and other necessary convenient outhouses for the use of my wife and Infant children together with as much adjacent thereto as will answer for yard garden etc. It is further and final my will and Desire and I do hereby direct and appoint that my wife shall have the guardianship and tuition of my son Martin so long as she shall continue to be sole and in case of her Death or Marriage during the minority of the sd. Martin, then I will and appoint that my Exors. shall have the tuition and guardianship of him and she and they are earnestly requested to pay particular attention to his education in due time. And I do hereby nominate and appoint my wife Exix. and Samuel Harshbarger, Christian Harshbarger and Benjamin Coffman Exors of this my Last will and testament, hereby revoking and cancelling all former wills and Testaments by me made and published and do declare this only to be my last will and Testament. In testimony whereof I have hereunto set my hand and seal this 27th day of August in the year of Christ 1798. ANDW. BORNDRAGAR (SEAL) Published and declared in the presence of JAMES BRECKENRIDGE. GEORGE MARTIN. JACOB LANIAS. Will of Andrew Borndrager At a Court held for Botetourt County the 9th day of October, 1798, the last will and testament of Andrew Borndrager, deceased, was exhibited in Court and proved by the oath of James Breckenridge and George Martin, witnesses thereto subscribed and ordered to be recorded. Whereupon on motion of Samuel Harshbarger and Benjamin Coffman, two of the Executors herein named who made oath according to law, certificate is granted them for obtaining the probate thereof in due form, they having with security entered into and acknowledged bond with condition as the law directs. A Copy Teste. W. White, D. Clerk. A Copy Teste: Turner McDowell. Clerk of the Circuit Court of Botetourt, Virginia. Source: Peffley Families in America, Paragraph #940, 1938, Peffley Family Association (May Miller Frost) (Public Domain since 1966, used by permission of the heir of Mrs. M. Frost)