Fauquier County Wills Harman Utterback Will ****************************************************************** ****************************************************************** File contributed for use in the USGenWeb Archives Posted by Jim Burgess on Mon, 22 Mar 1999 USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material 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. Unauthorized use for commercial ventures expressly prohibited. All information submitted to this project remains - to the extent the law allows - the property of the submitter who, by submitting it, agrees that it may be freely copied but NEVER sold or used in a commercial venture without the knowledge & permission of its rightful owner. 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Persons or organizations desiring to use this material for non-commercial purposes, 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. ****************************************************************** ****************************************************************** Posted by Jim Burgess on Mon, 22 Mar 1999 Surnames: UTTERBACK, CRUMP, SANDERS Fauquier County, Virginia Will Book #11 page 67 & 16 Will Written 11 Jul 1826, Will Proved 27 July 1829 In the Name of God, Amen, I Harmon UTTERBACK of the County of Fauquier & State of Virginia In considering the uncertainty of this mortal life, being sick in body, but of sound disposing mind and memory, do make this my last will and Testament in manner and form following to wit. 1st I desire that all the perishable part of my estate be sold by my Executor herein after named, except what shall herein after be excepted, and out of the proceeds of the same, all my just debts are to before and funeral expenses, & the balance, if any, to be disposed of as herein after named. 2ndly I do hereby confirm the gift of all the estate both real & personal which I have heretofore given my son James UTTERBACK & bequeath him a part of my estate herein after to be named, to him and his heirs forever. 3rdly I confirm the gift of all the estate both real and personal which I have heretofore given my son Elijah UTTERBACK & do bequeath him a part of my estate herein after named, to him and his heirs forever. 4thly I give and confirm to my daughter Judith SANDERS, all that I have heretofore given, her and give and bequeath unto my son Armstead UTTERBACK, a part of my estate hereinafter to be named in trust, nevertheless, for the benefit of my said Daughter Judith as long as she shall live and after her death to be equally divided amongst the heirs of her body. 5thly I confirm the gift of all the negroes and property heretofore given to my daughter Mary Settle deceased to her and her heirs forever but not to possess any other part of my estate. 6thly I give and bequeath unto my son Armstead UTTERBACK , that portion of land whereon my son Nathaniel UTTERBACK now reside suposd to contain one hundred & forty siven acres. Also a portion of property & slaves herein after named in trust, nevertheless for the benefit of my sd son Nathaniel UTTERBACK his wife & children so long s the said Nathanile shall live and after his death the whole to be divided between his children lawfully begotten and his heirs forever. 7thly I confirm the gift of all the estate both real and personal which I have heretofore given my son Thompson UTTERBACK. I also bequeath to him a portion of my estate herein after to be name, to him & his heirs forever. 8thly I confirm the gift of all the estate both real and personal which I have heretofore are given to my son French UTTERBACK. I also bequeath to him and a portion of my estate herein able to be named, to him and his heirs forever. 9thly I confirm the gift of all my estate both real and personal which I have heretofore given my son Willis UTTERBACK. I also bequeath to him a portion of my estate herein after to be named to him and his heirs forever. 10thly I confirm the gift of all that I have heretofore given my son Armstead UTTERBACK. I also give & bequeath unto him a portion of Land adjoining the Lands of William Horner living with his lands to the land of George Carter, thence with his land to a line of fence inclosing a field now in Wheat called Roshes field thence along said line of fence as at it all presents runs, to he lands of the said Armstead, thence with his line to the beginning, also a portion property herein after to be named, to him and his heirs forever. 11thly I confirm the gift of all the property heretofore given my daughter Nancy Crump I also bequeath to her a portion of my estate herein after to be named to her & her heirs forever. 12thly I give and bequeath unto my son Thornton UTTERBACK all the tract of land whereon I now reside which has not already been disposed of also the following negroes: Gustavus, Edmond and Sarah and in case either of said negroes should die before I do; in that case that said Thornton shall be entitled to another of equal value. I also give my son on two horses, two cows & calves, ten sheep, ten hogs , all to be chosen by himself of such as he may think proper to take, also one yoke of oxen & cart bed & furniture, six chairs, one chest & table, one beau at to be chosen as before, and I also give him my clock and on third part all my crops and provision which may be on hand, to him and his heirs forever. 13thly. I give & bequeath unto my sons James UTTERBACK, Elijah UTTERBACK, TO Armstead UTTERBACK for the benefit of Judith Sanders for purposes as before stated to said Armstead for the benefit of Nathaniel: for the purpose as before states, to French Utterback, Thompson UTTERBACK, Willis UTTERBACK, Armstead UTTERBACK and one daughter Nancy CRUMP all my estate not before disposed of every nature and description whatsoever to be equally divided between them according to the provisions herein before mentioned. The negroes that will be to divided, I wish done by valuation and divided so as to be kept in the family. 14thly and lastly. I do hereby constitute my son Armstead UTTERBACK and Elias EDMONDS my whole and sole Executors to this my last will and & testament. In witnesses whereof, I have hereunto set my hand and seal this 11th day of July 1826. Harmon UTTERBACK His Mark and Seal Signed Sealed and acknowledged in presence. Of us requests by the said Harmon UTTERBACK to Witness the same. Wm R Smith Elias Edmonds Martin E Carter At a Court held for Fauquier County, on the 27thday of July 1829 This last will and Testament of Harmon UTTERBACK deceased was proved by the oaths of the three subscribing witnesses thereto and ordered to be recorded-And on the motion of Armstead UTTERBACK, One of the executors therein named, who made an oath thereto, and together with John OLGIVIE, Walter SMITH, & Thornton UTTERBACK, his securities, entered into and acknowledged bond in the penalty of eight thousand dollars, condition as the law direct, certificate is granted him for obtaining probate hereof in due form. Teste, John AWSMITH C.C. My American Family - Utterback