PATRICK COUNTY, VA - WILLS - John Eaton, 6 Sep 1840 ============================================================================ USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the Virginia USGenWeb Archives by: William E. Harrold Sealighter@aol.com ============================================================================ Will of JOHN EATON, Patrick County, Virginia, 1840 Transcribed by William E. Harrold I JOHN EATON of Patrick County, Virginia, do make my last Will and Testament in manner of the following that to say; first I desire that all the perishable part of my estate except my bay mare and her youngest be immediately sold after my decease, and out of the moneys arising therefrom all my just debts and funeral expenses be paid; 2nd, after my debts and funeral expenses be paid, I give my wife NANCY that portion of my land lying below a branch called the White Horse Brach running into the creek at or near the fence and extending__________the tract of land, the back line including my building where I now live down to the head of a small drain known as the Downs Spring, then a straight line across my tract of land with the direction of the stream, to have the use of the same during her widowhood or as long as she shall in the opinion of my executor herein after named conduct herself as she should, or until my son CALVIN EATON shall become of age and then I give the same land to him and his heirs forever. I give to my son ALBERT land lying below the above stated, to him and his heirs forever, and 4th I give to my granddaughter ELISHA ? EATON, the daughter of my son NEWELL, all the_________of my land belonging to this tract. I have and so hold the same until she arrives at the age of twenty one or until she______________and, 5th I desire that my PUCKET tract of land and the high tract to be sold by my executor and the money asrising therefrom equally divided among my several children _______________ also the money arising from the sale of my personal property, after paying my just debts and funeral expenses to wit: ELIZABETH FALKNER, PEGGY, TERRY, CALVIN, MALINDA, LEATHY, and ALBERT, and I further desire that my executor may so dispose of the moneys given to my foregiving children . . .that my bay mare be left upon the farm to the use of the farm as long as my wife may continue whereon, but if it so happens that she leaves the farm, I desire that my executor sell the mare and divide the money arising therefrom between any found yongest children. I give to my granddaughter ELIZABETH my youngest colt, and lastly I hereby constitue and appoint my friend MARTIN CLENO executor of this, my Last Will and Testament, hereby revoking all other Wills and Testaments by me heretofore void and further desire that my executor give no security. In witness whereof I have hereby set my hand--my seal this 6th day of September in the year of 1840. JOHN EATON By my sealed publisher and declared by JOHN EATON as and for his Last Will and Testament in the presence of us who at his request in his presence have subscribed our names as witness. ANDERSON FOWLKES JOHN SCOTT Notes: 1.JOHN EATON, b. c. 1789 in North Carolina (Old Rowan/ Surry Counties), married FRANCES BURRUS, April 20, 1809 in Patrick County, Virginia, Jesse Mankins, Bondsman. His son from this marriage was NEWELL EATON, who married MATILDA SAYERS. JOHN EATON married (2) NANCY________, with children ELIZABETH [FALKNER], PEGGY, MARTHA [JONES], CALVIN, LEATHA, ALBERT A (who married MARGARET MONTGOMERY).; SUSAN. 2. JOHN SCOTT,mentioned as witness, is the son of Thomas and Catherine Scott of Wythe County, Virginia, and husband of Affirah Ayers