Southampton County Virginia USGenWeb Archives Wills.....Gardner, James Sr., 1784 

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James GARDNER Sr. (1724-1788), will dated 23 Aug 1784, proved 12 Dec 1793 

IN THE NAME OF GOD AMEN I James Gardner Sr of Southampton County & state of 
Virginia being sick and weak of body but of sound & disposing mind & memory, 
thanks be to almighty God for the same, and calling to mind the uncertainty of 
this life and knowing that it is appointed once for all men to die, do make and 
ordain this my last will & testament in manner following: 

First & principally I recommend my soul into the hands of almighty God & my body 
to the ground from whence it was taken, hoping at the last day to receive that 
blessed Sentence, come ye blessed children of my father, inherit the kingdom 
prepared for you before the beginning.  And also what worldly estate it hath 
pleased God to bestow on me I give and bequeath in manner & form following, vizt:

Item: I give and bequeath unto my son James Gardner Jr ninety seven acres of 
woodland being part of a survey executed by myself and James Daughtry, dec'd, 
bounded by the land of Col. Benjamin Baker, Matthew Gardner, the county line & 
his own land that he bought of John Daughtry to him his heirs and assigns 
forever. 

Item: I give and bequeath unto three of my grand children, sons of my son John 
Gardner, dec'd, to wit: Jesse, David & John the land & plantation that I bought 
of Thomas Tharp containing three hundred acres adjoining the land I now live on, 
Nicholas Cobb, & the tract that I give my son Jesse Gardner binding by a 
dividing line made between him & this tract by myself & Nicholas Cobb to them, 
their heirs and assigns forever equally. 

Item: I give & bequeath unto my son Jesse Gardner the land and plantation he now 
lives on bounded by a dividing line between this tract and the tract given to my 
grand children, Robert Darden and the county line thence by that line to the 
Cedar Swamp thence up the said swamp to the aforesaid dividing line to the 
beginning containing three hundred acres, the residue to Tharp, also one 
hundred & seventy five acres bought land purchased of Thomas Tharp agreeable to 
a patent granted Rob. Bryant called and known by the name of Gall Berry to him 
his heirs & assigns forever. 

Item: I give and bequeath unto my son Joseph Gardner the land & plantation I 
now live on provided he shall at any time before his mothers death come and 
enjoy the same and on his own? appearance, I give and bequeath the land and 
plantation as is hereafter expressed to him his heirs & assigns forever. 

Item: I give and bequeath unto my daughter Judah Holland, wife of Thomas 
Holland, one neg. fellow called Jake, had in possession several years, to 
her & to heirs forever. 

Item: I give & bequeath unto my daughter Mary Vaughan, wife of James Vaughan, 
one neg. woman & her increase call'd Phebe, had in possession several years, 
to her & her heirs & assigns forever. 

Item: I give and bequeath unto my daughter Sarah, wife of William Fowler, one 
neg. fellow called young Caesar, had in possession many years, to her & to 
her heirs & assigns forever. 

Item: I give and bequeath unto my daughter Margarett(sic), wife of Josiah Vick, 
one neg. fellow call'd old Caesar, had in possession few years, to her & to her 
heirs and assigns forever. 

Item: I give and bequeath unto Martha my daughter, wife of Abinger Buxton, five 
shillings current money for her part of my estate to her & to her heirs & 
assigns forever saving the lent of a small negro boy call'd Jupiter unto Joseph 
Buxton her son shall arrive to lawful age or marriage or otherwise as hereafter 
express'd and that she shall possess him immediately after my death. 

Item: I give and bequeath unto my daughter Penelope Gardner, one negro girl call 
Eady to her together with her increase to heirs & assigns forever. 

Item: I give and bequeath unto my daughter Honour Gardner, one negro girl call'd 
Hagar to her together with her increase to heirs & assigns forever. 

Item: I give and bequeath unto my grandchild the aforesaid Joseph Buxton, son 
of Martha Buxton, the aforesaid neg. boy called Jupiter that I lend to Martha, 
his mother, until Joseph shall arrive to lawful age or married & at the 
expiration of either time he shall possess and enjoy the said negro boy Jupiter 
to him his heirs and assigns forever but in case that Joseph Buxton should die 
before either time or without lawful heir of his body, that then the said neg. 
boy Jupiter shall descend and come into my estate again and be divided between 
the same of my children as the other of my estate is to be divided amongst as 
hereafter expressed. 

Item: I give and bequeath unto my loving wife Sarah Gardner during her natural 
life four neg. viz: Pompey, Harry, Nell and old Nann, ten head, her choice of 
my stock of cattle, ten head her choice of the stock of hogs, exclusive of what 
she may necessarily stand in need of for her next years provision, the use of 
one still this year rented to Matthew Gardner, one bay mare called Betsy, ten 
head her choice of sheep, all the household & kitchen furniture, all the 
plantation utensils, all the crop of every kind this year till'd and made by 
me, also the use of the plantation & land I now live on together with the use 
of the land & plantation that I purchased of John Lawrence, son of Henry, 
call'd & known by the name of South Quay place and after her death I give & 
bequeath the land & plantation I now live on provided Joseph Gardner should 
not return, the land & plantation called the River Place, the neg. given her 
Pompey, Harry, Nell & old Nann together with the whole of the estate given her 
of what nature or kind soever be equally divided between Judah Holland, Mary 
Vaughan, Sarah Fowler, Margarett(sic) Vick, Penelope Gardner, & Honour Gardner, 
James Gardner Jr, Jesse Gardner & three of my grandchildren, sons of John 
Gardner, dec'd, to wit: Jesse, David & John observing that the said three grand 
children Jesse, David & John is to be considered and it is the meaning and 
intent that they shall receive and be entitled to know(sic) more than one of my 
own children share and taken as one legatee to them their heirs and assigns 
forever. 

Item: I give and bequeath and it is my will & desire that the remainder of my 
estate of what nature or kind soever that I have not before devis'd away be 
after my death equally divided, to wit: neg. young Nann, Ned, Tom, Easter & 
Patience & all the residue between the same of my children & grand children 
and under the same direction & meaning as the estate given my wife after her 
death is to be divided amongst to them their heirs and assigns forever. 

Lastly, it is my will and desire that my three friends Joshua Gardner Sr, John 
Carr and Henry Gardner will after my death take so much upon themselves as to 
state divide and settle the whole of my estate whenever such division shall 
happen if the same within their power lies between the persons intitled(sic) to 
receive the same and further I appoint my loving wife Sarah Gardner, my brother 
Joshua Gardner & my son Jesse Gardner my whole and sole Executors to this my 
Last Will & Testament revoking & disannulling all former Will or Wills by 
be(sic) hitherto made allowing this and no other to be my Last Will and 
Testament. 

IN WITNESS whereof I have hereunto set my hand and affix'd my seal this 23 day 
of August 1784. 
James (his mark) Gardner (seal) 
Sign'd, seal'd, publish'd and declared in presence of us: 
Joshua Gardner 
John Carr 
Matthew Gardner 
Henry Gardner 

At a Court held for the County of Southampton the 12th day of December 1793 
this Will was presented in court by Jesse Gardner, one of the Executors therein 
named & prov'd by the oath of Matthew Gardner & Henry Gardner, two of the 
witnesses thereto and ordered to be recorded, and on the motion of the said 
Executor who made oath according to law, Certificate is granted him for 
obtaining a Probat thereof in due form giving security whereupon etc. 
Sam Kello, Cl. 


Southampton Co., VA, Will Book 4, 1783-1797, pp. 588, 599-600 [pagination error] 
   The Library of Virginia (LVA), Richmond, VA 
   LVA, Southampton Co. Microfilm Reel 17 

images online at The Brantley Family Association Southampton Project: 
http://www.brantleyassociation.com/southampton_project/southampton_project_list.htm

[file transcribed by Dale Whitfield, (Whitfieldroots@aol.com), 
 and re-formatted by File Manager.] 

[BAKER, BUXTON, CARR, COBB, DAUGHTREY, DAUGHTRY, FOWLER, GARDNER, HOLLAND, 
 THORP, VAUGHAN, VICK]