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1748-1767 Stafford County, Virginia Will Book O; [Antient Press]; Page 326- 327 In Obedience to Order of Worshipfull Court Stafford County 25th Octr 1756 We the Subscribers appraise & Inventory Estate of CAIN WITHERS (in Prince William County) .. Total £. 282:2:3 Jos. Hudnall
John Barbee John Wright
At Court held for Stafford County 9th Novr 1756 Inventory admitted to record.
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1729-1748 Stafford County, Virginia Will Book M; [Antient Press]; Page 468-472 In Name of God Amen I JAMES WITHERS of Stafford County Planter being sick of body but of sound Sence .. have thought fitt to make this my Last will and Testament .. I give my Soul into hands of almighty God .. My body I desire may he decently buried .. after all my Lawfull debts are honestly paid .. what temporal estate I desire may he disposed of as followeth. Imprimis
I give to my Son JAMES WITHERS and his heirs for ever a dividend or part of that Land I bought of RICE HOOE lying in Prince William County containing 400 acres and bounded .. beginning at the beginning tree of the said Patent and running E.S.E. to theWest line of the said Patent & from thence along the line of the said Patent to the first heginninr, .. as also a negro Robin now in his possession, a Negro man called Breechy and a feather bed and furniture.
Item I give to my Son in Law HENRY MAUZY and his Wife ANN and their heirs for ever another part of the land bought of Rice Hooe containing 200 acres to begin where the second course of the said James's ends to run up the main line of the Patent as far as a Line across the same may include the quantity as also a negro man named George, a feather bed and furniture, and four cows & ea]ves and the half the hoggs that he raises where he now lives.
Item I give to my son in Law JOS. HUDNALL and his heirs for ever 200 acres of land whereon he now lives lying in the upper part of that land which I bought of Rice Hooe hounded on the North side by the line which divides JOHN HOOE'S land and mine & on the South side by a Parralel Line quite across the said Patent and a negro boy named Frank in his possession.
Item I give to my Son THOMAS WITHERS and his heirs a Dividend or part of my land on licking run in Prince Wm. County to be laid off according to the survey made thereof by JOHN ALLEN and at the same time marked from Raccoon branch to the Back line of the main Patent also the following Negroes Sam, Dearborn, Flory & her last child Will, and all their increase.
Item I give to my son KEENE WITHERS and his heirs a Dividend or part of my land in Licking Run in the South West part of the said Patent and bounded as follows. Beginning at the beginning white oake of the said Patent and running north along the line of his Brother Thomas thence north till it intersects the out lines of the main Patent thence along the lines of the said Patent Reversing then to the first beginning .. including the old manner Plantation as also the following Negroes, Ned, Fannine, Nan, Phillis, Easter and their Increase and a set of Blacksmith's Tools & a feather bed and furniture and it's my will that my Son JOHN take into his care my said son Keene and his Estate till he arrives to the age of 21 years.
Item I give to my Son WILLIAM WITHERS and his heirs the remaining part of my Licking run land not yet bequeathed with this proviso that if HENRY MAUZY is obliged to remove from where he now lives he shall have the Liberty of living upon the Mill Plantation in the said land till he has time to clear a Plantation on the land already bequeathed to him, as also the following Negroes Peter, James, Sarah, Mow and Jack & their Increase and a feather bed and furniture.
Item I give to my son JOHN WITHERS and heirs .. 250 acres of land whereon he now lives bought of HENRY FIELD as also 2O0 acres of land bought of WILLIAM WAUGH lying on the South side of Rocky run and 50 acres which I bought of SNODAL HORTON as also the following Negroes to wit: Mott and Harry and a Negro boy named Cesar.
Item I give to my Son in Law WILLIAM ALLEN & BRIDGETT his Wife and their heirs a tract containing 365 acres lying on the north side of Potomack run bought of BRYANT YOUNG.
Item I give to my Loving Wife ELIZABETH during the time of her natural life only all the household goods and furniture which she brought from her father of what kind soever & cattle with the Mill on Potomack run as also the tract of Land on which I now live likewise the following Negroes Tom, Dick, Pegg, Dinah, Roger, Bess, Jugg, Hanah, Winny, Press and Daniel and after her decease the said Negroes and their future Increase to be equally divided between my five Sons or such of them as shall be then Living.
Item I give to my said Son James a Negro woman Jenny and her child in full satisfaction of his part of the Negroes which are to be divided at his Mothers death.
Item I give to my loving Wife Elizabeth a Negro man named Ben during her natural life and after her decease to be equally divided between my four sons John, Thomas, William & Keene.
Item I give to my said son Keene a negro girl named Sue to him and heirs.
Item I give to my Daughter URSILLA the wife of JOHN ALLEN the two following Negroes Lydia and Nan now in their possession.
Item I give to my Daughter ELIZABETH the wife of ABRAHAM FIELD 20 shillings to buy her a ring.
Item I give to my Daughter MARTHA the Wife of JAMES McDANIEL 20 shillings to buy her a ring. Item all the rest of my Estate moveable & immoveable I give to be equally divided among my five sons immediately after my decease.
Item whereas there is an action depending in the General Court between EDWARD HERNDON & me about a Negro my intention is that if I am cast in the said Suite my wife shall pay the money debt and I desire that my said five sons shall equally pay the Tobacco that shall be due for the costs and charges attending it and that if any of them shall fail to pay the equal part thereof they shall forfeit their Legacies already Bequeathed them to the others willing to perform it.
Item the remaining part of the land bought of RICE HOOE not yet bequeathed I give to my Sons William and Keene to be equally divided between them.
Item I give to each of my five sons 20 pounds Court money & the remainder part of my cash I give to my Wife to pay of my cash debts the money to Herndon if he recovers agst. me.
Item I give to my said wife during her natural life 100 acres of land lying on the South side of Potomack run bought of JOSEPH WAUGH where my Quarter now stands and after her decease to my said son John and his heirs for ever,
Item I do appoint my Loving wife Elizabeth and my Sons John, Thomas, & William Executors of this my Last Will
Testament. In Witness set my hand the 1st day of. June 1746.
Fresence Andr. Rosse, James Withers
Charles + Hinson, Joyce + Hinson
Jas. ONeal, H. Tyler
At Court held for Stafford County July 8, 1746 Will presented .. made oath .. being proved .. admitted to record .. Gertificate granted for obtaining Probate ..
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Stafford County. Virginia Deed book P; page 80
pp16-Know all men ANDREW EDWARDS, JOHN WITHERS, JOHN MURDOCK, CAIN WITHERS, DANIEL CHAMBERS are bound unto JOHN MERCER gent. first Justice in the Commission of the Peace for County of Sufford In and to Sole behalf of the Justices in Sum of 1000 pounds to be made 11th Marcb 1755.
The conditioin of this obligation is such that if ANDREW EDWARDS truly pay unto MASON FRENCH orphan of HUGH FRENCH deced all such Estate hereafter to be due as soon as he shall attain to lawful age or when thereto required by the Justices as also keep harmless the above name... rest of Justices all damae that may arrive said estate....to be void or rmain...
the court
Andrew Edwards
John Fitzhuch
John Murdock
Cain Withers
Danl Chambers
At Court held for Stafford County 12 March 1744 (all signers) in open court acknowledged this their bond admitted to record.
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
1728 - 1756 (28 years)