Will of Benjamin Sweeney, 1823

Franklin County Will Book 2, Page 529, 1812-1825

In the name of God Amen I Benjamin Sweeney of the County of 
Franklin and state of Virginia being very weak in body but of 
perfect mind and memory thanks be given unto God calling unto mind
the mortality of my body and knowing that it is appointed for all
men once to die do make ordain this my last will and Testament and 
as touching such worldly estate wherewith it does god to bless me
in this life I give demand and dispose of the same in the following
manner and form.

First I give and bequeath as much of personally property as will 
discharge all just and lawful debts.

Item I give and bequeath unto Elizabeth Sweeney my dearly and
beloved wife all my real and personal property to be for her
benefit during her life or widowhood.  If the said Elizabeth
Sweeney should marry the said estate is to be the personally part
is to be equally divided between Joel and Jonathan Sweeney.  The
lands at the death or the marriage of their mother is to be divided
between Joel and Jonathan Sweeney.  Joel Sweeney is to have the
upper part of the said land lying on the north side of the said
land.  The dividing line between Joel and Jonathan Sweeney is to
begin at the level towards the hollow field and a chestnut tree and
thence from the chestnut north east and south west from the same.

Item I give also unto Rebacca Moore the wife of William Moore five 
dollars to be paid out of my personalty estate if it remains at the 
end of her mothers widowhood or decease.

Item I also give unto Ann Sweeney one bed and furniture to be her 
lawful right and property and one little wheel and cotton cards.

I likewise constitute make and ordain Abraham Jones and Moses
Jinney the executors of this my last will and testament and I do
hereby utterly disallow and revoke and disamerict and every other
former wills legacies and execution by me in any wise named and
confirming this and no other to be my last will and testament.  In
willingness whereby I have hereunto set my hand and seal seventh
day of November in the year of our Lord one thousand eight hundred
and twenty three.
Benjamin Sweeney (seal)
Test.
John Knoles
Joel Sweeney
Johnnathan Sweeney
At a court held for Franklin County at the Courthouse the 5th
day of January 1824.

This last will and Testament of Benajmin Swinney, deceased was
produced in Court by Moses Jinney and of the Executor herein named

and proved by the oath of Joel Swinney and Jonathan Swinney two of 
the subseriting witnesses hereto and ordered to be recorded.

And on the motion of the Said Moses Jinney who made oath according
the law and together with John Jones his security entered into and
acknowledged his hand on the penalty of four hundred dollars
certificate is granted him for obtaining a probate thereof in due
form liberty being reserved to Abraham Jones the other executor
herein named to join in the probate when ever he shall think fit.

Teste Caleb Tate cfc


Submitted by Barbara Blackwell Locker <Swinfield9@aol.com>

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