Botetourt County, Virginia Will of Nathan Eakin, 1823 **************************************************************** USGENWEB 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. Files may be printed or copied for personal use only. **************************************************************** Submitted by Lee Eakin I, Nathan Eakin, of Botetourt County, State of Virginia, do hereby make this my last will and testament in manner and form following that is to say, First, I desire that my Executor herein after named shall collect all just debts that are due to me and make a public sale of so much of my perishable property as will be sufficient to pay my funeral expenses and pay all my just debts. It is my will and desire that the residue may be disposed of in the following manner to wit: That my two Negro men, Anthony and Seasar may be hired out to the best advantage to some person or persons that will treat them in a human manner and divide the money arising there from equally among my children to wit: Thomas Eakin, William Eakin, Mary Rice, Nathan Eakin [Jr.], Nancy Walker, Samuel Eakin, Stephen Eakin, Joseph Eakin, John Eakin, Rebeka Eakin and Susannah Eakin. It is my will and desire that my two sons, Samuel and Stephen shall have each of them a bed furnished and two cows and one horse and saddle each. I give to each of my two daughters Rebecca and Susanna, a bed furnished and also two cows to each of them and a horse and saddle a piece, also one bureau and one table to each of them and the balance of my personal estate together with my slaves to wit: Cloe, Siddy, Manny, Pelinaan, together with their increase, I give to my beloved wife, Susanna Eakin during her natural life to be disposed of for her own use and the raising and educating my young children such as has not had an education equal to the rest and at her decease said property that may remain unexpended to be sold and the money arising there from to be equally divided among my children above mentioned or named. I give to my son, Thomas Eakin, the east end of the track of 1510 acres on which said Thomas now lives to a division to run from the mouth of the branch that Hannah’s new road goes up, down Craig Creek as it meanders to a pine on a high bank above the mouth of Mill Creek corner to McClanahan’s old survey thence to run up Mill Creeks including the same and south west banks there of to the point at the first bend above the lower most ford of said Creek. thence to run a straight line to a corner already marked on the outside of the said tract of 1510 acres. Also I give to my said son, Thomas, my tract of fifty acres joining Stewarts Meadow tract if recovered by law. I give my daughter, Mary Rice all that part of said tract of 1510 acres commencing at Thomas Eakin’s Division line as above described and joining that part of said tract already laid off to my son, Nathan, to a dividing line to be run from two pines in a draft corner to said tract south of the oaks and a hickory corner to said tract south of the falls of Mills Creeks. I give to my son, Nathan all that part of land which I intended to give to my said son Nathan and my son William which has been already laid off to my said son Nathan, he having purchased his brother William’s part there of with his paying his said brother the sum agreed on between themselves. I give to my two daughters Rebeka and Susanna all that part of the tract I live on Craigs Creek above the narrows on the northwest side of said Creek also all that part of my tract of 1510 acres that lies on the south side of Barber Creek except that part already laid off for my son Nathan. I also give to my two sons Samuel and John, all my tract of four hundred acres where I live with all my entry’s joining the same (except that part on the northwest side of the Creek above the narrows) with the privilege of putting and extending [tracts?] across the creeks and also the privilege of building a fence on the northwest banks of the creek above the narrows otherwise all the benefits of the creek is to be equally divided between the parties who may own the land on either side thereof. I also give to my two sons Stephen and Joseph all my tract of land lying in the Valley of Sinking Creek joining the lands of James Trenor and Adam Peck which tract was formerly called Ward’s Place. I also give to my daughter, Nancy Walker, one half of all my lands on Johns Creeks which is to be equally divided according to quantity and quality and the other half of said land on John’s Creek I desire my Executors to rent out to the best advantage he can to the highest bidder and the proceeds thereof to be applied to maintenance and support of my daughter Ezibela Broyles during her natural life but if it should so happen that contrary to all expectation that she will again return to live with her present husband, Solomon Broyles, she and her said husband to have only the sum of one dollar of my estate and her lawful heirs shall have the said land when they get married or comes to the [said?] age of twenty-one years but if it should happen or fall out that her decease she will have no lawful heirs alive then it is my will and desire that the land shall be sold and the proceeds thereof equally divided amongst all my other children and their heirs-- It is my will and desire that my Executor do rent out to the best advantage they can my tract of land in the Valley of Sinking Creek known by the name of Bells’ Place, joining the land of the land formerly called Getty’s Plan and also Hendric’s land and the proceeds thereof to be applied by them towards the support and maintenance of my son, Preston Eakin, while he is not able to take care of himself and manage his own business but is my said son should get well again and come to the use of his right reason before he dies and be able to manage his own business, I desire that my said son, Preston shall have the said tract of land but if he dies before he comes to his right reason, it is my will and desire that land shall be sold and the proceeds thereof shall be equally divided amongst all my children except my daughter, Ezibela Broyles. It is further my will and desire that my two sons Samuel and John Eakin shall have all the part of tract 1510 acres (not already disposed of in the will). On the little mountain joining the land called Mason’s Place. It is my will and desire that my Executors do sell the best advantage they can all my other lands in the state of Virginia not disposed of in this my last will and testament and divide the rest of the proceeds thereof amongst all my children and their heirs and [offsprings?] except my daughter Ezibela Broyles. It is to be understood that it is to be my will and desire that all the property divided to my children in this last will and testament is to be theirs and their heirs and assigns forever. And lastly I do hereby constitute and appoint my beloved wife Susanna Eakin, my son Thomas Eakin, my son Nathan Eakin (Jr.) Executor of this my last will and testament hereby revoking all wills heretofore by me made but upon more maturity considering how I disposed of my property among my children, I think the portion I have revised to my two daughters, Rebeka and Susanna Eakin, is not equal to the rest, to make up which deficiency, it is my will and desire they shall have the tract I bought of William Mason in Valley of Sinking Creek likewise the land I bought of John Griffey in said Valley being part of the land called Getty’s place and likewise my two surveys joining the land of James Trenor and Harbesom place which property I give them and their heirs or assigns forever and do hereby direct my Executors not to sell the same. It is likewise my will and desire that if it should so happen or come to pass that any of my heirs should lose any of the land which I have divided to them by the claims of other people that they are to have no recourse on each other to make good such deficiency. It is further my will and desire to prevent any dispute or disturbance that may hereafter arise between my heirs or Executors and Solomon Broyles is only to have the sum of one dollar our of all my real or personal estates and is to be forever excluded from having any part or share of what is intended for maintenance and support of my daughter Ezibela Broyles. It is my will and desire that if there should arise any dispute hereafter amongst my heirs that my Executors shall appoint two disinterested judicious men to settle all such disputes and if they can’t agree they are to appoint a third man who is also to be a judicious intelligent and upright man no wise interested in favour of either of the parties and their decision shall be as binding on the contending parties to all interest and purposes as if it were so decided by the Court of Appeals of the State of Virginia. In witness where of I have hereunto subscribed my name and affixed my seale the second day of July in the year of our Lord One thousand Eight hundred and Twenty three. Signed sealed published and declared by the above mentioned Nathan Eakin as his last will and Testament and done in our presence who witnessed the same in his presence. John Hewitt Nathan Eakin (seal) Robert Anderson Jr. R. S. Botten At Botetourt October Court 1823 - This instrument of writing purporting to be the Last Will and Testament of Nathan Eakin, deceased, was exhibited in Court and proved by the oaths of John Hewitt, Robert Anderson and R. H, Bolton, witnessess thereto subscribed and thereupon ordered to be recorded - Whereupon on the motion of Susanna Eakin, thomas Eakin and Nathan Eakin, Executors therein named, certificate is granted them for obtaining a probate thereof in due form, they having first made oath with security entered into and acknowledged bond according to law. Teste, H. M. Bowyer, Deputy Clerk A transcribed copy from the original copy of the microfilm of Nathan Eakin's will is in his file.