Transcription of Will of JOHN ERVIN, SR. Will Book #6, pages 59-60, at the Clerk’s Office, Washington County Courthouse, Abingdon, Virginia Transcribed by Max Ervin, 5 June 1999 Submitted to USGenWeb archives by Paul V. Price" ****************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, for other than personal research must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of consent. ****************************************************************** I John Ervin Senr. of the county of Washington and state of Virginia, do make my last Will and Testament in manner following, that is to say 1st. I give and bequeath to my wife Nancy the tract of land and plantation upon which I now live, also my negro slaves Philip, David, Phebe, and her child Paul, to be occupied held & used by her, during her lifetime. I also give and bequeath to my said wife Nancy one negro woman named Clarissa - all my household and kitchen furniture, and farming utensils; also, one sorrel horse, two milch cows, one sow and her pigs, six grown hogs, and six sheep: which property with the increase thereof is to be held & used by her during her life, and the remainder, if any, to go to her heirs, or be disposed of as she may choose. 2d. After the decease of my said wife I authorise my Executor hereinafter named to sell upon such terms and in such manner as he may think best calculated to enhance its proceeds, the aforesaid tract of land & appurtenances, and that he pay over and deliver one third of the purchase money to my daughter Mourning Ervin, one other third to my daughter Sally Johnston who intermarried with William Johnson, and the other third to Matilda & Mahala Ervin, Calvin and Cummings Fields, children of my daughter Nancy Fields, deceased, or their survivors, in equal proportions, and my Executor is also authorized to convey to the purchaser or purchasers, such bills as I hold. 3d. I give and bequeath to my two sons Micajah and James, two dollars each. 4th. I give and bequeath to my son John and his heirs forever, after my wife’s death my slaves, David, Phebe and Paul with their increase if any, upon his paying to the children of my son Micajah Two hundred dollars to be equally divided among them, and to be paid as they shall severally attain the age of twenty one years. 5th. My negro Philip having lived with me many years and assisted in rearing my children, and he being now old, is permitted after my wife’s death, should he survive her, to live with whomsoever of my children he may prefer, or with any other person who will take care of him. 6th. All my personal estate not before disposed of I authorize to be sold, and two hundred dollars of the proceeds, if it brings that much I give and bequeath to the children of my said son Micajah, to be equally divided among them as they severally attain the age of 21 years. 7th. I further give and bequeath to my wife Nancy after paying my debts and funeral expenses, whatever money I may leave, or whatever may be owing to me, not necessary for the purposes above mentioned in this Will, to be at her own disposition. And lastly I constitute and appoint Col. William Price of Russell County Executor of this my last Will and Testament - hereby revoking all other or former Wills, Testaments or Bequests by me heretofore made. In Witness whereof I have hereunto set my hand and affixed my seal, this second day of October in the year of our Lord one thousand eight hundred and twenty eight. His John X Ervin, Senr. Mark Signed & sealed as the last Will and Testament of the above named John Ervin senior in the presence of David Duncan Endymion Taylor Wesley Gillenwaters At a Court held for Washington County the 25th day of October 1828 The last Will and Testament of John Ervin Senr, deceased was exhibited in court and proved by the oath of David Duncan, Endymion Taylor and Wesley Gillenwaters the subscribing witnesses thereto and ordered to be recorded. At a Court continued and held for said County the 27th day of October 1828. On the motion of William Price the Executor named in the last Will and Testament of John Ervin Senr, deceased who took the oath of an executor prescribed by law and entered into and acknowledged his bond in the sum of four thousand dollars with Charles C Johnston, John B Clark and John Ervin, his securities conditioned as the law directs. A Certificate is therefore ... Transcribed by Max Ervin, 5 June 1999 Notes: 1.John Ervin was first on the Russell Co, Va tax rolls in 1795. 2.An 1819 tax assessment shows that he owned 1200 acres with a two-story dwelling thereon in Elk Garden, Russell Co., and also listed one male slave over 50 years old (Philip named above). 3.The Russell Co 1820 census shows John as a resident of Russell Co, but he apparently moved to Washington Co before his death in October 1828. 4.John’s daughter Mourning and Philip are found in the household of Benjamin Chapman in the 1850 Russell Co census, both born in North Carolina. Philip died July 1853 at age 100; Mourning died 2 May 1854 at listed age of 73. 5.John’s daughter Sarah (Sally) Johnson is in the Russell 1850 census Household #552 with husband William and Squire and Mary Holbrook. At age 57 in 1850, Sarah also is listed as being born in NC. 6.John’s son Micajah, in the 1850 Russell census at age 58, is listed as being born in Halifax Co, Va. Micajah married Sarah Sutherland about 1811. About 1830-1840, they moved to the McClure River area which became Buchanan then Dickenson Co. 7.John Ervin, Jr., born circa 1786, and wife Rebecca Ferguson apparently departed Russell Co between 1830 and 1840. 8.Son James Ervin apparently also left Russell Co after 1820.