Botetourt County,VA Will Book D, pp.116-118, 319-320, 331, 626-627, 641, ************************************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data 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 of the file. These electronic pages cannot be reproduced in any format for profit or other presentation. ************************************************************************************** Files submitted by Angela M. Ruley, reddog @rockbridge.net, unless otherwise indicated. ************************************************************************************** John Taylor estate 1813, 1824 Botetourt Co. Va. Will Book D p. 116-118 Pursuant to an order of the worshipful County Court of Botetourt made at the November term 1824 Directing that the Master Commissioner apportion the Ballance of the Estate of John Taylor amongst thou entitle the act. I have met said admstr. in Buckhanan on the day of February 1825 and proceeded to take the foregoing acpt. with a view of ascertaining the said Ballance to be apportioned. I find from a settlement of acpts. of said admstr. returned to the June Court 1820 that there was at that time in his the said admstrs. hands the sum of $248.24 with which sum I have charged him and also with the Interest thereon up to the 12th March the time I have finished this apportionment amounting together to the sum of $318.99 as will appear from the Debit side of the foregoing acpt. I have next given said admstr. credit for som small Disbursments made since said settlement amounting to the sum of $4.61 which I have taken from afforesaid Debit of $318.99 as will appear from the foregoing acpt. at letter B leaving a ballance in favour of said Estate of $314.38. I find that by an order of the June Court of 1820 said Admstr. was allowed 5 pr ct. on the sum of $311.36 as a Commission for his admstrsn. said estate amounting to the sum of $15.56 which I have given said Admstr. credit for as also for the Interest thereon and also for the further sum of $3.53 being a Commission of 5 per ct. on the further sum of $70.75 which said admstr. has located as interests on said monies in his hand since the last settlement which commissions together amounting to the sum of $23.51. I have taken from the afforesaid Ballance at letter B leaving a neet Ballance of $290.51 as appears at the foot of the foregoing acpt. in the hands of said admstr. on the 12th of March 1825 subject to pursuant to apportionment amongst the Legatees of said Testator pursuant to his will. I find from the will of said Testator that he has disposed of his Estate real and personal in the following maner viz he Directs that his wife MARY TAYLOR shall have one third part of the plantation whereon he Died and one third part of the stock of Horses Cattle sheep & hogs and choice of Two out of four of the youngest negroes. To his son ANDREW he gives the residue of said plantation and the residue of his negroes with the Exception of two which he Directs to be sold by his Extrs with other property for the purpose of raising money to pay his Debts and the Legacies by him Devised. he further gives to the children of his Daughter ELIZABETH PRICE 50 pounds to be Equally Divided amongst them and to his son JAMES TAYLOR he gives 75 pounds Virginia Currency he further gives to the heirs of his Daughter MARY BENETT one Dolear , to his son JOHN TAYLOR one Dollar, To his son ISAAC TAYLOR one Dollar & to his son THOMAS TAYLOR one Dollar. The negroes which he directs in his will to be sold for the purpose afforesaid he afterwards sold himself and visted the proceeds thereof in a small piece of Land as to which Land he Died Intestate and having this sold the said negroes and then by taken from the funds set apart by the will for the payment of the Debts and Legacies the Consequence appears from this settlemt. to be that after payment of the Debts there is not a sufficiency Left to pay the Legacies off in full. The object therefore of this apportionment is to make each of the Legatees who ought by Law to abate Each their proper proportion. I have considered the said widdow (Mary) and Andrew Taylor as Speciffic Legaties and all the others General Legatees and as it is a rule of Law that when there is an insufficiency of assetts to pay both the creditors and Legatees of a Testator that the General Legacies must abate proportionally and not the speciffic Legacies unless there be not a sufficiency without them I have according with this rule ascertained that of the aforesaid ballance of $290.87 the children of Elizabeth Price is entitled to $115.01, James Taylor to $173.13 and each of the other Legatees to whom one dollar was Given 88 1/4 cts as appears below at letters ABCDEF The afforesaid amount found further proportionable Deduction for the amount that said admst may hereafter have to pay to the Clerk for recording this report & c. paid to the Commissioner for his fees. S. Wood, M.C. I have been Employed in taking the foregoing acct making the apport8ionment and reporting thereon examining former settlement will & c. 11 1/2 Hours at 75 cents $8.12. --Elizabeth Prices Children's part due 13th March 1825 $115.01 A James Taylors part do do 178.13 B Heirs of Mary Benett do do 68.1/4 C John Taylor do do .68 1/4 D Isaac Taylor do do .68 1/4 E Thomas Taylor do do .68 1/4 F Total $290;.87 1/2 At Botetourt November Court 1824 On motion of James Maggard adtor of John Taylor Decd. It is ordained that the Master Commisssioner do apportion the Ballance of the Estate of said Decedent amongst thou entitled thereto. H.W. Bowyer, D. C. At Botetourt May Court 1825 This apportionment was returned to court and ordered to be recorded. H. W. Bowyer, D.C. ************************************************************************************** Botetourt County, VA Will Book D, pp. 319-320. Hannah Smith's Inventory (Transctiption). Agreeable to an order to us directed by the Honorable worship Court of the County of Botetourt at the april Court the sd 4th in the year 1824 Being duly Sworn we have valued the property belonging to the Estate of Hannah Smith Dec'd of the above named County (Botetourt) 1 Heifer $6.. 1 ditto 5.. 1 Cow and Calf $..........................$23. 1 Mare $25.. 1 ditto $45............................................70. 1 Sett weaving gears 75- 2 reels $1.25...............................2. 1 Hackle 60 Cents 1 ditto $1.25.......................................1.75 1 pair Steel yards...................................................1.50 1 Feather Bed $12- 1 Blanket $2.25 1 Cover lead $2.25.................16.50 1 Bed Stand Cord and mat..............................................2.50 1 Side Saddle $4- 1 Chest $1.25.......................................5.25 2 pictars 75 cents 1 Piggin & tier pan 37 1/2 Cents....................1.12 1/2 1 Coffee mill 12 1/2 cents 2 pewter Basons 1 Dish $1.75................1.88 2 Churns 25 Cents pail 50 1 half bushel & pan 50.......................1.35 1 Pole 25 Cents 1 Copper Ladle 50 Cents 1 pair Shears 50..............1.25 1 Flax wheel $1.50 1 Cotton wheel 50 Cents............................2. 1 Check Reel $1. 1 Barrell 25.. 1 Meet ditto $1.......................2.25 1 Churn 50 Cents 1 Tub for fat 12 1/2 1 hand Saw $1....................1.62 1/2 1 Frying pan 75 Cents 1 Pot & Bale $1.75 1 ditto ditto $2.25..........4.75 1 Oven Bale and Lead $1.75 2 pot racks $2.50.........................4.25 1 Pale 25 Cents 1 Loom $2 3 sheep $3.50 Cents........................5.75 1 Shovel 1 Wheet Reem 1 1/2.............................................37 1/2 Beverly Robinson Jas. H. Woods Benjamin Bilbro NB Bond on Beverly Robinson for.........................................49 bearing date 1826 becomes due Botetourt County to wit Benjamin Bilbro James H. Woods & Beverley Robinson personally appeared before me a justice of the peace for said County & made oath that the within Inventory of the estate of Hannah Smith Decd. is a true List as presented by the administrator & was valued to the best of their knowledge & belief Given under my hand this 23d day of April 1826 E. Sweetland ************************************************************************************** Botetourt County, VA Will Book D, p. 320. Stephen Holstine's Will (Transctiption) August the 14th 1826 In the name of God amen. I Stephen Holstine in the County of Botetourt and State of Virginia now in a low state of health yet retaining my right mind and Sences and Calling to mind the Shortness of life and the certainty of Death now disposed of my personal property I do desire my son David Holstine to have my hunting gun and Shot Pouch and one pair of Horse gears which he has in persession all the rest of my property namely horses Cattle money and Bonds bedding and bed Cloaths after my Just debts are paid I will to my beloved wife forever Jane Holstine. Teste Stephen Holstine (seal) John Walker George Walker At Botetourt October Court 1826 The Instrument of writing purporting to be the last Will and Testament of Stephen Holstine Dec'd was Exhibited in Court and proven by the Oaths of Jno. Walker & Geo. Walker subscribing witnesses thereto and ordered to be recorded. Teste H. W. Bowyer DC ************************************************************************************** Botetourt County, VA Will Book D, p. 331. David Smith's Will (Transcription) In the name of God Amen. I David Smith of Botetourt County, Virginia, being weak in body, but of sound and disposing mind, do ordain this to be my last Will and Testament, revoking all others made or designed by me. My Land I give to my son Telemacus, also my negro woman Becky, my girl Eliza, and Mary. I give to my wife Eleanor, Lucy and Mary. To my daughter Helannar, I bequeath Fanny, and Ann, and three of Fanny's boys; George, Preston, and Sam. My boy James, I give to my son Telemacus. My boy John, I wish sold and the money arising therefrom approiated to the discharge of my debts. To James Davidson and Sally his sister, children of Betsy Ann Davidson (and said to be mine) I will and bequeath to each of them Thirty Dollars to be made out of the sales arising from my stock. To wit: a bay mare, cattle, hogs, and sheep. The sum of thirty dollars to be made in the same way as that willed to James and Sally Davidson. I also will and bequeath to Betsy Ann Davidson the remaining part of my stock of every kind after the above sums of money are made. I will and bequeath to my wife Eleanor and her two children Telemacus and Helannar all my household and kitchen furniture. I will and bequeath to my wife and two children Telemacus and Helannar my waggon, farming utensils, and the crop now growing. I will and bequeath to my wife and two children Telemacus and Helannar, untill my son Telemacus becomes of lawful age, I will my land to be rented and the proceeds arising therefrom to be applied to the education and support of him, while my wife continues single. I wish my son to remain with her and until he is of lawful age, provided he be well treated, if not it is my wish that a suitable guardian be selected with whom I wish him to continue. I lastly constitute and appoint Capt. David Rowland of Pattonsburg to be my Executor of this my last Will and Testament. Verified by: Signed: David Smith Wm. H. Mitchell John Vandine At Botetourt November Court 1826 This Instrument of writing purporting to be the last Will and Testament of David Smith, Dec'd. was exhibited in Court and proven by the oaths of Wm. H. Mitchell and John Vandine, subscribing witnesses thereto and ordered to be recorded. Teste: H. W. Bowyer, D. C. ************************************************************************************** Will Book D, p. ____ Aaron Smith's Inventory and Appraisal (Transcription) Inventory and appraisemnet of Property Belonging to the Estate of Aaron Smith deceased Viz~~~ One Negro Man Ned...........................................300.00 One Chest of Drawers..........................................8.00 one Walnut Chest..............................................1.00 2 Razors pr......................................................50 one Hous.........................................................50 The adventures of Telemacus......................................25 one pair of Fire Tongs...........................................50 one chain........................................................25. one Bed Beding in a Stead....................................120.00 one Steel trap................................................20.00 one Black Cow.................................................12.00 one Brindle Do................................................10.00 One Pot $2-- 3 Coolers $0- 75 cts...............................2.75 one Tub 25 cts hand Saw 75 cts a pair of Steel Yards.............3.00 one Whip Saw $6-- one fur hat $4...............................10.00 one pair Small Clothes Buckskin $ Do Do Cotton 37 1/2...........2.37 1/2 one Blue Coat 37 1/2 cts one pair pantaloons $1.25..............1.62 1/2 Two Shirts one of Flannon and one of Cotton.....................1.25 one pair of [shirts] & Jacket $2.50 one silk Handkerchief.......3.12 1/2 one Bond Executed by David Smith & Aaron Smith his security to CB Penn assigned to Cartmill and Wood and payd by Aaron Smith which calls for......................................524.65 one Bond Executed by David Smith & Aaron Smith his security to Cartmill and Wood part of which was payd by the property of D Smith the Balance by Aaron.........................139.01 Eight Bonds Executed by Cartmill & Wood for one hundred Dollars Each & payable as follows one on the first day of January 1828 one 1829 one 1830 one 1831 one 1832 one 1833 one 1834 and one 1835 making in all.............800.00 one Bond Executed by John Green for four pounds and payable in Dressed Deer Skins on the first day of April 1810....................................................13.33 1/2 Botetourt County to Wit The within Contains the Inventory and appraisement of the Estate of Aaron Smith Decd and produced and shown in by Mr. Benjamin Bilbro the adtor Given under our hands on this 14th day of October 1828. Beverly Robinson Jas H. Woods G A Ballingall ************************************************************************************** Will Bk. D p. 626 and 627 John Welch Sale Bill Aug. 13, 1827 11 lots of 1 Watch each Amount of 1/2 of Partenership watches sold (he must have owned 1/2) 1 saddle bridle and Halter 1/2 bushel 50 1 spinning wheel and cards $1.25 1 bed stead 50, 2 tubs 1/2 Bushel 4 tray 90cents 1 Tub 36 1/2, 1 Iron Keg bound 55 cents, 8 barrels and 3 casks 1.56, 2 Boxes and 1 Keg 50, 1 Garden plough 75 cents, 1 Bedstead 125, 2 old Barrels H 18 ¾ 1 Swing Looking Glass 1.50, 1 Bureau 63 1/2, 1 Large Looking Glass 9.50, 1 pr.Brass and Irons 4.18 2/4, 1 Shot Gun 5.62 1/2, 1 Desk and bureau 12.50,1 Small Bureau 1.75, 1 Watering can 50 cents, 1 Basket and Bottles , 1 coffee mill 50,1 B Table 2.50, 1 settee 2.50, 1 Cribb 5.12, 1 Small trunk 37 cents 6 chairs $5.62, 1 Small walnut Table 56 1/4, 1 Baket and tins 87 1 Large table 5.18 3/4, 1/2 doz. table 5.37, 1 time piece 22.00, 1 cupbourd $6.81/2, tin ware coffee mill and wasters, 1 Trunk 1.18 2/4, 1 Bed stead and clothing $12.00, 1 Kitchen table 75 cents, f1 large vice 2.62, 11 Dog watch keys, Negro woman MATILDA and child JULIA 305.50 - These watches which was sold for repairs on them will be seen in the appraisement bill No. 6 from 1-15 with the amount of the charges for repairing. Box old Irons 12 1/2 Do of Irons and c. 622 1 old Metal Clock 1 wooden clock 1 handsaw 3 1/i Grindstone and frame 2.00 1 Lot of Jewelry 94 1 wash noggin and can 40cents 4 stools 25 cents, Diamond for cutting glass 65.36 3 silver table spoons 6.75 for old silver and Gold $57.94 Jewelry sold including watch brushes and silver Ladle 65.36 1 Doz silver thimbles 2.25 amount of Property received by Mrs. Welch at appraisement 400.00 Negro woman SALLY received by Mrs. Welch 300.00 At Botetourt February Court 1829 this sale bill and c. was Returned to the court and ordered to be recorded. ---- Above this, on top of p. 626 evidently part of same estate included the following names George Keuster or Reuster , Robert Switzer , John M Harvey , John T. Anderson , Thomas N. Boswell , Jacob Garman , Absolum Dempsey , Hancock Griffin , Accounts due to the Partnership of Welch and Armspaugh $94.73 1/2 of the same and to the estate of John Welch and in the hands of the surviving Partner as per list furnished Exor. also Jacob Rudisill ‘s accoutn John Navill Jacob Carper These seem to be accounts due. At Botetourt February Court 1829 This inventory and c. was returned to court and ordered to be recorded. ************************************************************************************** John Welch, decd. Estate Sale Bill Aug. 13, 1827 Botetourt Co. Va. Will Book D p. 626-627 (It looks as though John Welch was a watch & clock maker) Watch No. 1 $2.06 , 1 Do (Ditto) no. 2 $3.50 , 1 Do no. 3 2.54, 1 do no. 4 10.87, 1 Do No. 5 2.50, 1 Watch No. 6 2.25 1 do No. 7 2.12 , No. 8 2.25, # 9 1.12, #10 3.00 , #11. 1.87 #12 watch l.75 #13 watch 7.12 #14 watch 5.50 # 15. 2.12 #16 watch 1.06 #17 watch 1.87 #18 1.06 # 19 watch 1.00 This amoutn of $42.97 was received for sale of watches which had been advertised would be sold for repairs the exors. having rept. - an act of the amt. due to certain individuals on such & all. Amount of 1/2 of Partnership watches sold 8.53 1 saddle bridle and Halter $12.00 1/2 Bushel 50 12.50 1 spinning wheel and cards $1.25 1 Bedstead .50 1.75 2 tubs 1/2 Bushel and tray 90cents 1 tub 36 cents 1.26 1 Iron Keg bound .55, 8 barrels and 3 casks 1.56 2.11 2 Boxes & 1 keg .50 1 Garden plough .75 1.25 1 Bedstead .12 , 2 old Barrels .18 .31 l Swing Looking Glass 1.50 a Bureau .63 l Large Looking Glass 9.50 1 pr. Brass and Irons 4.18 1 Shot Gun & c. 5.62 1 Desk and bureau 12.50 1 Small Bureau 1.75 1 Watering can .50 1 Basket and Bottles 1.06 1 coffee Mill .50 1 B. Table 2.50 1 settee 2.50, 1 Cribb 5.12 1 small trunk .37 6 chairs $5.62 1 small walnut Table .56 f1 Basket and tins .87 1 Large Table 5.18 1/2 doz. table 5.37 1 time piece $22.00 1 coupbourd $6.87 tinware coffee mill and wasters .62 1 Trunk 1.18 1 Bed stead and clothing 12.00 1 Kitchen table .75 1 large vice $2.62 11 doz. Watch Keys. 6.00 Negro Woman MATILDA and Child JULIA 305.50 - These watches which was sold for repairs on them will be seen in the appraisement bill No. 6 from 1-15 with the amount of the charges for repairing-- Box old Irons .12 Box of Irons & c. .62 1 old Metal clock .30 1 wooden clock 1.15 l Handsaw .37 Grindstone & frame 2.00 1 Lot of Jewelry .94 1 wash noggin and can .40 4 stools .25 Diamond for cutting Glass 3.25 3 silver table spoons 6.75 for old silver and Gold $57.94 Jewelry sold including watch brushes and Silver Ladle $65.35 Total %659.69 1 Doz. silver thimbles 2.25 Amount of Property received by Mrs. Welch at Appraisement $400.00 Negro woman SALLY received by Mrs. Welch 300.00 Total 700.00 Grand total $1361.94 1/2 At Botetourt February Court 1829 this sale bill & c. was Returned to the court and ordered to be recorded. ************************************************************************************** Will Book D p. 641 Botetourt Co. Va. Circuit Court Clerk's Office John Welch Decd. Settlement of Estate Pursuant to an order of the County Court of Botetourt made at the February Term 1829 directing that the acpts of Charles ANSPAUGH, Henry WAY, and James TRUX Exors. of John WELCH, decd. be referred to the mastr. Commissr. for statement and settlement and that he make report thereof to Court I have met Charles Annspaugh the acting Esr. in Fincasltle and have taken the foregoin g acpt. I find that there has come to the hands of said acting Exors. arising from the amount of Sale Bill Bonds and Testator at the time of his death cash on hands at the same time and from such of the acpts due Testator listed in the Bill of appraisment as he has collected up to this settlement the sum of $1622.85 as a reffernece to the Debit side of the acpt will shew and I find that he has paid out to the widow of Testator and the Creditors the Sum of $1089.38 1/4 as a reffereance to the credit side of the act.... Exor informed me that a part of the personal Estate yet remaining unsold consisting of a set of tools for making clocks and Watches and Materials which articles it was thought advisable not to sell at the sale apprehending too great a sacrifice the aforesaid balance against the Exor I believe correct principally in uncollected Sale Bonds and Bonds due Testator at the time of his Death which was charged in the foregoing acpt. all which I certify and submit.Jas. S. Woods, M.C. I have been employed in taking the foregoing reporting thereon 4 1/2 hours at 4/6 is $--- At Botetourt May Court 1829 This settlement was returned to Court and ordered to be recorded. ************************************************************************************** Will Bk. D p. 641. John Welch-Settlement of Estate File contributed for use in USGenWeb Archives by Judy Wright jtillison@msn.com Pursuant to an order of the county Court of Botetourt made at the February Term 1829 directing this the acpts. of Charles Amspaugh, Henry Way , and James Trux or Trup exors. of JOHN WELCH, decd. be referred to the Master Commissioners for Statement and settlement and that he make report thereof to Court I have met Charles Annspaugh the acting exor. in Fincastle and have taken the foregoing acpt.. I find that there has come to the hand of said acting Exor. arrising from the amount of Sale Bill Bonds due Testator at the time of his Death cash on hand at the same time and from such of the acpts.due Testator listed in the Bill of appraisment as he has collected up to this settlement the sum of $1622.85 as a refferance to the Debit side of this acpt.will shew and I find that he has paid out to the widow of Testator and the creditors the sum of $1089.38 1/4 as a refferance to the credit side of this acpt. will more fully shew which said amount of credit taken in from said amount of Debts leaves a balance in the hand of exor. of $533.46 3/4 as appears at the foot of the acpt. subject to his further administration in exor. informs me that a part of the personal Estate yet remaining unsold consisting of a Set of tools for making Clocks and Watches and Materials which articles it was thought advisable not to sell at the sale apprehending too great a sacrifice the aforesaid Balance against Exor I believe consists principally in uncollected Sale Bonds and Bonds due Testator at the time of his Death which are charged in the foregoing acpt. all which I certify and submit do. Jas. S. Woods M.C. At Botetourt May Court 1829 This settlement fr was returned to Court and ordered to be recorded. **************************************************************************************