Harrison Genealogy Repository

Notes

The VA Genealogist, Vol 15, 1971, John Frederick Dorman, Editor, A Heritage Classic:

Will of Joseph Cabell Buckingham Co VA; Contributed by Geo Harrison Sanford King; Fredericksburg, VA

Although the family of Joseph Cabell is discussed in much detail in Alexander Brown, The Cabells and their Kin (New York, 1895), the provisions of his will are not mentioned therein. The records of Buckingham Co have been destroyed but this copy is preserved in the Archives Division, VA State Library.

In the name of God amen Joseph Cabell of county Buckingham of perfect mind and memory and willing that a just and perfect mind and memory and willing that a just and perfect disposition may be made by me of my temporal affairs while in this situation do make this my last will and testament, my soul I resign to its creator, my body to my Executors to be decently buried at their discretion of under the restriction and condition at the end of this clause.

Imprimis I give and devise to my grandson Joseph Cabell Megginson two tracts of Land in Buckingham Co; the one containing eighty two acres and adjoining the upper lines of his own tract on James River, the other containing two thousand eight hundred and fifty acres as per platte adjoining the lines of John Spears, David Kyle, Mrs. Mary Freeland, Jos: Cabell, Geo: Burks, and his own line also the following Negroes-Joe, Jupiter, Betty, James, Isaac, Hannah, Caesar, Frank, Aron, & Cloe, with the future increase of the said female slaves to him and his heirs forever, also two feather beds and furniture , all the stock of hogs, cattle & horses and a silver watch and all the plantation utensils now in his possession provided he has an heir by his wife and in case of none at the death of himself and wife then all the real and personal property hereby intended to be given him my will is shall be equally divided among my four children and in case of the death of any of my said children then the proportion which the deceased person would have been entitled to shall be equally divided among the children of such deceased parents. It is also my will and desire by my Executors hereinafter named from all demands and debts on account of his father's estate to mine except the British debt I stand bound as security for his father for.

Item: I give Nancy Burks and her heirs forever two Negroes, yellow Luce and her child Salley with their future increase also one 10 pound horse and cow and calf.

Item: I confirm the Deed and gifts already by me made to my daughter Mary Hopkins Breckenridge and her husband John Breckenridge of lands, Negroes and other estate now in their own possession.

Item: I give to my granddaughter Lettecia Preston Breckenridge a Negro wench named Tomsey now in the possession of her father with the future increase of the said Tomsey to the said Lettecia and her heirs forever.

Item: I give to my granddaughter Mary Hopkins Breckenridge a Negro girl named Salley now in the possession of her father with the future increase of the said Salley to the said Mary and her heirs forever.

Item: I give to my grandson Joseph Cabell Breckenridge a Negro boy named Talton now in the possession of his father to him and his heirs forever.

Item: I confirm the deeds and gifts already made by me to my daughter Ann Harrison and to my son-in-law Robert Carter Harrison of land, Negroes and other property now in their possession to them and their heirs forever.

Item: I give and bequeath to my granddaughter Susanna Randolph Harrison a Negro girl Ester and one mare now in the possession of her father with the future increase of said Easter and mare to the said Sausanna and her heirs forever.

Item: I give to my granddaughter Mary Hopkins Harrison a Negro girl name Phebe to the said Mary and her heirs forever now in the possession of her father with the future increase of the said Phebe to the said Mary and her heirs forever.

Item: I give to my grandson Joseph Cabell Harrison a Negro boy name Raph in the possession of his father to him and his heirs forever.

Item: I give and devise to my daughter Elizabeth Lewis the tract of land whereon I now live containing to one thousand and eighty acres, also one tract of land of three hundred acres on the waters of Slate River known by the name of Slones Place and adjoining the lands of John Austin, McNiel Scott, John Anthony Jones and Maxey; also one other tract lying in Amherst containing one hundred and eighty eight acres on the branches of Rhodes Creek on the top of the Blue Ridge; also another tract containing one hundred and ninety five acres in the county of Albemarle lying on Martin Kings Road and Lowells Spring; also the following Negroes: Viz, Will, Luce, Patrick, Lucey, Adam, Daphis, and her child Milly, Rody, Siller, Charles, Jacob, Martin, Daniel, Fanny, Rachell and her three children Jane, Prudence, Harry with their future increase to the said Elizabeth and her heirs forever. I also give to my said daughter twenty head of cattle, fifteen head of sheep, four horses, three feather beds and furniture.

Item: I give to my son Joseph Cabell and confirm to him the deeds and gifts already made to him by me of lands, Negroes and other property. I also give to him at the death of my beloved wife all the original tracts of land of land [sic] on James River where I formerly lived. I also give and devise to my said son the following lands a tract on Shirley Creek, another on Sycamore Island Creek, also two hundred acres more I bought of Gilbert Bowman, also one hundred acres I bought of Mayse adjoining the lower end of the Original tract, also seven thousand two hundred and eight two acres part of larger tract agreeable to two Plattes laid off and adjoining his own. I also give to my said son the little Island on the Amherst side of James River. I also give to my said son my great Bibles, my Dictionaries of arts and sciences, all my physical and surgery books and instruments; my small sword and pistols.

Item: I give to my granddaughter Sophonisba Cabell one Negro woman named Phillis and her two children Sarah and Mary and one mare colt now in the possession of their father with their future increase to her and her heirs forever.

Item: I give to my granddaughter Sarah Bolling Cabell a Negro girl named Ursala now in the possession of their father with their future increase to her and her heirs forever.

Item: I give to my grandson Robert Bolling Cabell one Negro boy named George now in the possession of their father with their future increase to her and her heirs forever.

Item: I give to my grandson Joseph Megginson Cabell one Negro boy named Randolph to him and his heirs forever.

Item: I give to my grandson Edward Blair Cabell a Negro boy named Billy to him and his heirs forever.

Item: I give to my grandson Benjamin Cabell one Negro boy named John now in the possession of their father with their future increase to her and her heirs forever.

Item: I give to my grandson Archibald Bolling Cabell one Negro boy named Philip (waiting man Peter's son) to him and his heirs forever.

Item: My will and desire is that Mrs. Rachel Townsend may be maintained out of my estate and live with my wife her natural life; the plantation whereon I now live, as also the tract of land on James River not yet given to my son Joseph, also the use of all my Negroes not already given and bequeathed, also all the stock, furniture and plantation utensils and at the death of my wife my will and desire is that the said Negroes, stock and furniture and property of every kind be equally divided among my four children, and should any of my four children be then dead my will and desire is that all my estate both real and personal which would have gone to my child deceased shall be equally divided among the children of said deceased parents and if any of children die without issue then the division to be made among my children then surviving or their representatives.

Item: It is my will and desire that after the payment of my just debts and legacies all the property I am possessed of and entitled to which is not already given or bequeathed and the money arising therefrom to be equally divided among my children subject however in case of death and no issue to the restriction of the annexed above clause. It is also my will and desire that all monies due to me or my hereafter or coming to me after the payment of my debts may be equally divided and distributed among my four children but subject to the restrictions last mentioned.

Item: I give to my kinsman William Burks one tract of land lying in Amherst containing three hundred acres and twenty acres to him his heirs forever being above Pedler River and adjoining his tract.

Item: My will and desire is that the Negroes and their increase now in the possession of William Creasy which were given to my son Benjamin Cabell deceased and which revert to me at the death of the said Creasy may be equally divided among my four children and my grandson Joseph Megginson Cabell or their representatives and should any of my children die without issue then to be equally divided among my remaining children and grandson.

Lastly I constituted and appoint my son Joseph Cabell and my sons in law Robert Carter Harrison, John Breckenridge and William Lew Executors in confidence that they will faithfully execute the same, should any dispute arise among them in the execution of this my last will I recommend you to refer the same to chosen men of Judgment and integrity for the purpose of conducting every thing fairly and amicably. I hereby pronounce and declare this my last Will and Testament, abrogating and annulling all Wills made heretofore by me. In witness whereof I have hereunto set my name and affixed my seal this nineteenth day of December one thousand seven hundred and ninety-four. Jos: Cabell.

Jos: Cabell

Signed sealed published and declared in the presence of Rachel Townsend, Abraham Jones, Jr, Thomas Sanders, Thomas Matthews, Samuel Ferguson, Flemsted Jones, Willis Wills, John Garrott.

At a court held for Buckingham Co the 12th day of Mar 1798. This will was proved by the oaths of Abraham Jones Junior, Thomas Sanders and John Garrott three of the witnesses thereto and ordered to be recorded. Sworn to by Joseph Cabell and William Lewis two of the Executors who entered into and acknowledged bond with security according to law a certificate is granted them for obtaining a probate thereof in due form. Teste: Rolfe Eldridge C.Ct.; A copy Teste: Rolfe Eldridge Jr.