|
Will of Nathan Eakin
Home Up
I, Nathan Eakin, of Botetourt County, State of Virginia, do hereby
make this my last will and testament in manner and form following that is to
say,
First, I desire that my Executor herein after named shall collect all
just debts that are due to me and make a public sale of so much of my
perishable property as will be sufficient to pay my funeral expenses and pay
all my just debts.
It is my will and desire that the residue may be disposed of in the
following manner to wit:
That my two Negro men, Anthony and Seasar may be hired out to the
best advantage to some person or persons that will treat them in a human
manner and divide the money arising there from equally among my children to
wit: Thomas Eakin, William Eakin, Mary Rice, Nathan Eakin [Jr.], Nancy
Walker, Samuel Eakin, Stephen Eakin, Joseph Eakin, John Eakin, Rebeka Eakin
and Susannah Eakin.
It is my will and desire that my two sons, Samuel and Stephen shall
have each of them a bed furnished and two cows and one horse and saddle each.
I give to each of my two daughters Rebecca and Susanna, a bed
furnished and also two cows to each of them and a horse and saddle a piece,
also one bureau and one table to each of them and the balance of my personal
estate together with my slaves to wit: Cloe, Siddy, Manny, Pelinaan, together
with their increase, I give to my beloved wife, Susanna Eakin during her
natural life to be disposed of for her own use and the raising and educating
my young children such as has not had an education equal to the rest and at
her decease said property that may remain unexpended to be sold and the money arising there from to be equally divided among my children above mentioned or
named.
I give to my son, Thomas Eakin, the east end of the track of 1510
acres on which said Thomas now lives to a division to run from the mouth of
the branch that Hannah’s new road goes up, down Craig Creek as it meanders to
a pine on a high bank above the mouth of Mill Creek corner to McClanahan’s
old survey thence to run up Mill Creeks including the same and south west
banks there of to the point at the first bend above the lower most ford of
said Creek. thence to run a straight line to a corner already marked on the
outside of the said tract of 1510 acres. Also I give to my said son, Thomas,
my tract of fifty acres joining Stewarts Meadow tract if recovered by law.
I give my daughter, Mary Rice all that part of said tract of 1510
acres commencing at Thomas Eakin’s Division line as above described and
joining that part of said tract already laid off to my son, Nathan, to a
dividing line to be run from two pines in a draft corner to said tract south
of the oaks and a hickory corner to said tract south of the falls of Mills
Creeks.
I give to my son, Nathan all that part of land which I intended to
give to my said son Nathan and my son William which has been already laid off
to my said son Nathan, he having purchased his brother William’s part there of with his paying his said brother the sum agreed on between themselves.
I give to my two daughters Rebeka and Susanna all that part of the
tract I live on Craigs Creek above the narrows on the northwest side of said
Creek also all that part of my tract of 1510 acres that lies on the south
side of Barber Creek except that part already laid off for my son Nathan.
I also give to my two sons Samuel and John, all my tract of four
hundred acres where I live with all my entry’s joining the same (except that
part on the northwest side of the Creek above the narrows) with the privilege
of putting and extending [tracts?] across the creeks and also the privilege
of building a fence on the northwest banks of the creek above the narrows
otherwise all the benefits of the creek is to be equally divided between the
parties who may own the land on either side thereof.
I also give to my two sons Stephen and Joseph all my tract of land
lying in the Valley of Sinking Creek joining the lands of James Trenor and
Adam Peck which tract was formerly called Ward’s Place.
I also give to my daughter, Nancy Walker, one half of all my lands on
Johns Creeks which is to be equally divided according to quantity and quality
and the other half of said land on John’s Creek I desire my Executors to rent
out to the best advantage he can to the highest bidder and the proceeds
thereof to be applied to maintenance and support of my daughter Ezibela
Broyles during her natural life but if it should so happen that contrary to
all expectation that she will again return to live with her present husband,
Solomon Broyles, she and her said husband to have only the sum of one dollar
of my estate and her lawful heirs shall have the said land when they get
married or comes to the [said?] age of twenty-one years but if it should
happen or fall out that her decease she will have no lawful heirs alive then
it is my will and desire that the land shall be sold and the proceeds thereof
equally divided amongst all my other children and their heirs--
It is my will and desire that my Executor do rent out to the best
advantage they can my tract of land in the Valley of Sinking Creek known by
the name of Bells’ Place, joining the land of the land formerly called
Getty’s Plan and also Hendric’s land and the proceeds thereof to be applied
by them towards the support and maintenance of my son, Preston Eakin, while
he is not able to take care of himself and manage his own business but is my
said son should get well again and come to the use of his right reason before
he dies and be able to manage his own business, I desire that my said son,
Preston shall have the said tract of land but if he dies before he comes to
his right reason, it is my will and desire that land shall be sold and the
proceeds thereof shall be equally divided amongst all my children except my
daughter, Ezibela Broyles. It is further my will and desire that my two sons
Samuel and John Eakin shall have all the part of tract 1510 acres (not
already disposed of in the will). On the little mountain joining the land
called Mason’s Place.
It is my will and desire that my Executors do sell the best advantage
they can all my other lands in the state of Virginia not disposed of in this
my last will and testament and divide the rest of the proceeds thereof
amongst all my children and their heirs and [offsprings?] except my daughter
Ezibela Broyles. It is to be understood that it is to be my will and desire
that all the property divided to my children in this last will and testament
is to be theirs and their heirs and assigns forever. And lastly I do hereby
constitute and appoint my beloved wife Susanna Eakin, my son Thomas Eakin, my
son Nathan Eakin (Jr.) Executor of this my last will and testament hereby
revoking all wills heretofore by me made but upon more maturity considering
how I disposed of my property among my children, I think the portion I have
revised to my two daughters, Rebeka and Susanna Eakin, is not equal to the
rest, to make up which deficiency, it is my will and desire they shall have
the tract I bought of William Mason in Valley of Sinking Creek likewise the
land I bought of John Griffey in said Valley being part of the land called
Getty’s place and likewise my two surveys joining the land of James Trenor
and Harbesom place which property I give them and their heirs or assigns
forever and do hereby direct my Executors not to sell the same. It is
likewise my will and desire that if it should so happen or come to pass that
any of my heirs should lose any of the land which I have divided to them by
the claims of other people that they are to have no recourse on each other to
make good such deficiency. It is further my will and desire to prevent any
dispute or disturbance that may hereafter arise between my heirs or Executors
and Solomon Broyles is only to have the sum of one dollar our of all my real
or personal estates and is to be forever excluded from having any part or
share of what is intended for maintenance and support of my daughter Ezibela
Broyles. It is my will and desire that if there should arise any dispute
hereafter amongst my heirs that my Executors shall appoint two disinterested
judicious men to settle all such disputes and if they can’t agree they are to
appoint a third man who is also to be a judicious intelligent and upright man
no wise interested in favour of either of the parties and their decision
shall be as binding on the contending parties to all interest and purposes as
if it were so decided by the Court of Appeals of the State of Virginia. In
witness where of I have hereunto subscribed my name and affixed my seale the
second day of July in the year of our Lord One thousand Eight hundred and
Twenty three.
Signed sealed published and declared by the above mentioned Nathan Eakin as
his last will and Testament and done in our presence who witnessed the same
in his presence.
John Hewitt Nathan Eakin (seal)
Robert Anderson Jr.
R. S. Botten
At Botetourt October Court 1823 - This instrument of writing
purporting to be the Last Will and Testament of Nathan Eakin, deceased, was
exhibited in Court and proved by the oaths of John Hewitt, Robert Anderson
and R. H, Bolton, witnessess thereto subscribed and thereupon ordered to be
recorded - Whereupon on the motion of Susanna Eakin,
Thomas Eakin and Nathan
Eakin, Executors therein named, certificate is granted them for obtaining a
probate thereof in due form, they having first made oath with security
entered into and acknowledged bond according to law.
Teste, H. M. Bowyer,
Deputy Clerk
A transcribed copy from the original copy of the microfilm of Nathan
Eakin's will is in his file.
|