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. These electronic pages cannot be reproduced in any format for profit or other presentation. Submitted by Raymond C. Beaty, Ph.D. Director, Beatty Project 2000 Will and Last Testament of Henry Beatty (1760-1840) Clerk's office of Frederick County, Virginia Will Book No. 20, p. 430 et seq. A copy of the will is also on file in the Archives of the Hanley Library in Winchester, Virginia. I, Henry Beatty of Winchester Virginia do hereby make my last Will and Testament, in manner following, that is to say: First, If any just debts shall remain due from me at my decease it is my will that they together with my funeral expenses be first paid out of my estate. Second. It is my will and desire and I do hereby direct, that my negro man Phil be delivered unto my son in law John Wilson as his property, provided the said Wilson shall allow two hundred and fifty dollars for the said Phil and provided that the said Wilson shall not sell him to go out of the limit of the State of Virginia. Third, I give and devise unto my daughter Sarah Matilda Chenowith my old negro woman Judy and my young negro woman Evelina upon condition that her husband John W. Chenowith shall agree to take old Judy and support her with comfortable clothing and provisions during her life. Fourth, I give and bequeath unto my son Cornelius E. Beatty my silver hilted small sword, which was borne by his uncle in defence of his country during the Revolutionary War, and also my British Musket and the accoutrements thereunto belonging taken at Craney Island, near Norfolk on the 22nd June 1813. To my daughter Louisa Hill, Whitsons Josephus in two volumes, and to my daughter Sarah Matilda Chenowith, Scott's Edition of the Bible in five volumes. The foregoing are gifts in addition to there shares of my estage hereinafter mentioned. Fifth, I give unto my Grandson Henry Castleman my small silver watch, unto my Grandson John Henry chenowith, my large silver watch, and unto my grandson Henry Beatty Wilson my copy of Hume's History of England. Sixth, All the rest and residue of my estate both real and personal, I direct to be sold by my Executors, either at public or private sale at their discretion, and the proceeds to be divided into eight equal parts or shares, and that my children now living vis; Louisa Hill the wife of Rees Hill shall be entitled to one share or eighth portion of my estate under this my will, after deducting all the claims charged on my books against Rees Hill, Louisa Hill, his wife, and either of her children, and the claims hereinafter mentioned, the balance shall remain in the hands of my Executors for her own separate use, and no part of her share shall be subject to the control, or liable for the debts of her present husband Rees Hill. The claims which I direct to be deducted from the share of my daughter Louisa Hill arise from my having paid sundry claims against the Estate of her former husband William Abbott, dec'd., and having a claim by note against her as executrix of her former husband whereby she has become bound to pay the debts of the said William Abbott, dec'd as well as her own, and are as follows upon which interest is to be charged from the date of the claims to the lst day of January 1859 and no longer, viz: 1st Louis Abbott (now Hill) note dated May 25 1827 for......................................$391.65 2nd Wm Abbots order in favor of Robert Heterick Nov 22 1822 .............................$42.27 3rd. John Seevers receipt for the purchase of three horses, one wagon and geers purchased for and delivered to Wm. Abbott, dec'd. April 1, 1823.................$108.50 4th Cash for curtails and discounts on Wm.Abbott's note in the Bank of the Valley from 18th July to December 5, 1838.....................................................$122.92 5th Cash paid David W. Barton, Reeds attorney in suit in chancery in the county court........................................................................................................$63.73 6th Amount of Wm. Abbotts deed of Trust on negroes $310.94 7th Ditto of Wm Abbotts deed of trust on llland, balance paid by me...................$293.40 And my other children are to acount in the division of my estate for the advances made to them, as charged in my book. SEVENTH: William Henning administrator of William Abbott's estate some years ago sold some negroes to William Lynn to pay part of a deed of Trust which I held on them, and a suit has been threatened by Louisa Hill or some of the family to set aside the said sale: Now is such suit shall be instituted and prosecuted, it is my will and I do hereby direct that the said Louisa Hill shall have no part of my estate, and that the share to which my said daughter would otherwise be entitled, shall be equally divided among my other legatees. And should any of my children attempt to set aside this will, their legacy shall be void, and his or her share divided among the rest. EIGHTH: I give and dvise unto my daughter Mria I. Henning one eighth or equal share of my Estate, both real and personal during her natural life and at ther death, the principal without interest to be returned, and divided into three equal parts, one third to be paid to Catharine Ann Wilson, one third to Sarah Matilda Chenowith, and the other third to the heirs of Louisa Hill. NINTH: I give and devise unto my son William H. Beatty one eighth or equal share of my Estate. TENTH: I give and divise unto my son Robert H. Beatty, one eighth or equal share of my Estate. ELEVENTH: I give and devise unto my son Cornelius E. Beatty one eighth or equal share of my Estate. TWELFTH: I give and devise the other three shares of my estate to be equally divided between Catharine Ann Wilson and Sarah Matilda Chenowith. THIRTEENTH: My not having devised any part of my Estate to the children of my deceased daughter Eliza Castleman, does not arise from any want of affection to said children or regard for their father James Castleman, but from the consideration that he is rich, and that my daughters Catharine Ann Wilson and Sarah Matilda Chenowith were not so well provided for by my deceased daughter Juliett as the others. Lastly: I do hereby constitute and appoint my son Cornelius E. Beatty and my sons in law John Wilson and John W. Chenowith Executors of this my last will and Testament revoking all other former wills by me heretofore made, and ratifying and confirming this as my last will and testament. And I do hereby give to my said Executors full power to ratify and confirm all contracts by me made in as full and ample a manner as I myself could do if living. And it is my will and desire that my executors hereinbefore named be allowed to qualify as such without being required too give security. IN TESTIMONY whereof I have hereunto set my hand and seal the 23rd day of October, 1838. Signed, sealed and acknowledged Henry Beatty (SEAL), by the said testator, in presence of us who signed the same as witnesses in his presence and at his request. P. Williams, Jr. Rich'd E. Byrd Lem'l Bent Hugh H. McGuire I Henry Beatty do hereby make the following Codicil to the within last Will and Testament, Viz; I do hereby appoint my son William H. Beatty as one of my executors in the room of my son in law John Wilson, whose appointment as Executor I hereby revoke. In witness whereof I have hereunto set my hand and seal this 9th day of April, 1839. Henry Beatty (SEAL) Signed, sealed and declared in presence of us who have signed the same as witnesses in the presence of the testator. Lem'l Bent J. Kean Hh h. Seel At a court held for Frederick County the 4th day of May, 1840. This Last Will and Testament of Henry Beatty, Dec'd., was proved by the oaths of Lemuel Bent and Philip Williams, two of the witnesses thereto and the codicil thereto was proved by the oaths of Lemuel Bent and Joseph Kean, two of the witnesses thereto and the said Will and Codicil Ordered to be Recorded. And at a court continued and held for the County aforesaid the 2nd day of June in the year aforesaid, a writing under the hands and seals of William H. Beatty, Cornelius E. Beatty and John W. Chenowith the executors named in the said will relinquishing and renouncing their right to qualify as executors was proved by the oaths of Joseph S. Machir a witness thereto. And at a court continued and held for the county aforesaid the 3rd day of June in the year aforesaid, the executors named in the will aforesaid having in writing refused taking on them- selves the burthen of the execution thereof. On the motion of Alexander S. Tidball, who made oath according to law, certificte is granted him for obtaining letters of administration with the will annexed, on the Estate of the Testator on his giving security. Whereupon he together with Thomas A. Tidball, Bushrod Taylor, James Marshall Junr. and Province McCormack his securities, entered into and acknowledged bond in the penalty of Fifty Thousand Dollars, conditioned for the due and faithful administration of the said decedent's Estate. By the Court. T.A. Tidball Cl. Cur. ************************************************************************************ Winchester, Va., May 10, 1948. The above and attached document, typed on three sheets of paper is a true copy from the record therein indicated. Teste. W.W. Glass, Archivist. No. 8 So. Wash. St., Winchester, VA *********************************************************************************** The Henry Beatty creator of the above Will was one of the leaders of Winchester, Virginia, and is buried in Mt. Hebron Cemetery in Winchester. Henry was the son of the influential William Beatty and Mary Grosch family of Frederick County, Maryland and grandson and great-grandson respectively of William Beatty and his mother, Susannah Beatty, pioneers in Frederick County (Mt.Pleasant area) Maryland. Susannah Beatty moved her family to Maryland after the death of her husband, John Beatty in Marbletown, Ulster County, New York. Dr. Raymond Beaty 1/28/97 *************************************************************************************