WMWTHERS.txt Transcription of the probate records for William Withers d. 6 JAN 1804 is true the original copy sent by the Courthouse. In the fol- lowing "L" represents the British pound sign. LSS Fauquier County Will Book 3, page 492: In the name of God Amen. I William Withers of the county of Fauquier being sick and weak of body but of sound & perfect memory, thanks be to god for the same, do make and ordain this my last will and Testament in manner and form following viz: In the first place I desire all my just debts to be paid and whatever property it hath pleased God to bless me with I desire may be disposed of in manner and form herein after mentioned. Item. I give and confirm to my son James Withers a divided or part of the tract of land in Culpepper Coun- ty whereon he now lives as by a deed made him for the same and bounded as is therein mentioned, together with the one half of an adjoining tract of one hundred and nine acres to be divided by a stright [sic] line begining [sic] at a mulberry corner in the aforesaid deed made him and runing [sic] so across the said tract of one hundred and nine acres as to include the one half thereof adjoining to him the said James Withers and also the several negroes, Horses cattle, etc. and whatever else he has of mine in his pos- session, with their increase, to him and his Heirs forever. It is my will and desire that the remaining parts of both the aforesaid tracts of land of mine in Culpepper, as well the tract first mentioned as that of the one hundred and nine acres together with the several negroes, Horses, Cattle, Hoggs [sic] etc. of mine, remain thereon and con- tinue there for the benefit of my son Spencer Withers and his wife during the term of their natural lives only and after their decease to be equally divided among such of their children as may then be living. Item it is my will and desire that the several ne- groes, Horses, cattle, and whatever else of mine now in the possession of Vincent Garner remain therein for the benefitt [sic] of my daughter Susanna during her natural life only afterward to be equally divided among such of her children as may then be living ___________________________________ Item. I give and confirm to my daughter Molley the wife of William Withers the several negroes, Horses, Cattle & whatever else they have of mine in their possession with their increase to her and her Heirs forever______________ Item. I give and confirm to my daughter Alice, the wife of John Ball Junr the Several negroes, Horses, Cattle, and whatever else they have of mine in their possession with their increase to her and her Heirs forever. Item. I give and confirm to my daughter Agatha the wife of Martin Porter the several negroes, Horses, Cattle and whatever else they have of mine in their possession with their increase to her and her Heirs forever________________ Item. I give and confirm to my son Jessie Withers all that tract of land whereon he now lives which was willed to me by my Father together with the adjoining tract of land which I purchased of Thomas Ares on conditions of his paying to my son Elijah Withers one hundred pounds good and Law- fill [sic] money of Virginia at or within nine months after my decease together with the several negroes, Horses, Cattle and whatever else he has of mine on his possession with their increase to him and his Heirs forever Item. I give and confirm to my son Lewis Withers the tract of land whereon I now live, which was willed to me by my Father together with the several negroes, Horses, Cattle and whatever else he may have of mine in his possession with their increase to him and his Heirs forever. Item. I give and confirm to my son Elijah Withers the tract of land which I purchased of Fishers Heirs as by their deed made to me, as also the One Hundred pounds men- tioned in the bequeath to my son Jessie together with the several negroes, Horses, Cattle and whatever else he may have of mine in his possession with their Increase to him and his heirs forever. Item. I give and bequeath to my grand daughter Betty Withers the daughter of William Withers my negro girl Amy to her and her Heirs forever. Item it is my will and desire that all the rest of my negroes not herein disposed of namely Dick, Dinah, Cea- sor, Ned, Tamson, Willis, Elias, Jack, Agg, Adam, Floso, Bet, John, Brittain, Priss, Jam, Will, Fan, and Harry with their future increase together with all my stock of Horses, Cattle, Hoggs [sic] & Sheep and also all my House hold and Kitchen furniture with all and every other species of pro- perty of whatsoever kind it may be to be sold at the discre- tion of my Executors hereinafter mentioned at public auc- tion within at least one year after my decease regarding as much as may be the Several families of negroes and more especially the two families of Brittain and Adam which are not to be separated and the money so arising together with whatever debts may be due me be collected into one general fund and to be equally divided among all my children herein named and it is my will and desire that the two shears [sic] of my son Spencer and daughter Susanna may be so detained in the hands of my Executors or so secured in property or otherwise as may appear to them most expedient to prevent the principal from being spent or so squandered as to de- prieve my several Grandchildren, their sons, and Daughters from the benefitt [sic] thereof but nevertheless it is my will & desire that my said son Spencer and daughter Su- sanna enjoy the full profits thereof during the time of their natural lives only & afterwards to be equally di- vided among their several children which may then be living. It is also my desire in case any controversy should arise respecting the true construction or meaning of this or any part or word of this my last will and testament that in Such cases the parties contending shall choose three or more discreat persons who after examining their several claims may give their opinion thereon, the majority of which shall be a final determination thereof. And lastly I appoint my sons James, Jessie and Lewis executors of this my last will and testament revoking all others heretofore made by me. In Witness whereof I here- unto set my hand & seal this twenty first day of November anno Domini 1803. William Withers seal Sealed & acknowleged in presence of Enock K. Withers Matthew Withers Jennet Withers Jas. Withers At a court held for Fauquier County the 23rd day of January 1804 this will was proved by the oaths of Enock K. Withers, James Withers and Matthew K. Withers witnesses thereto . . . James Withers, Jessie Withers and Lewis Withers the Executors therein named who made oath . . . and acknowledged bond in the penalty of Eight Thousand dollars . . . [The following inventory and appraisement of his estate is located in Fauquier County Will Book 3, page 508. The transcrip tion is as true to the original as I can determine. The "-----" indicates those words which cannot be deciphered. LSS] We whose names are under written being first sworn In obedience to an order of Court of the County of Fauquier to us directed bearing date January 1804 have proceeded to Inventory the Estate of William Withers Senr decd. and viz as follows VIZ 29 Head of grown cattle @ 50/ 72 10 " 4 Oxen @ 90/ 18 " " 8 head of young cattle @ 18/ 7 4 " 35 head of hogs 23 14 " A quantity of fodder 5 10 " 32 head of sheep @ 12/ 19 4 " 1 wheat ---- @ 90/ 4 10 " A small quantity of tobacco " 18 " 1 Tub of Oats " 18 " 1 Old Waggon 8 8 " 1 Ox cart and yoke 5 2 " A quantity of corn supposed to be 50 Barrels @ 12/ 30 " " 18 head of Geese @ 2/ 1 16 " 6 head of turkeys @ 3/ " 18 " 1 Bay horse called Jordan 12 " " 1 Ditto Ditto Rock 18 " " 1 Ditto Ditto Billey 12 " " 1 Bay Mare 9 " " 1 Old Bay horse 3 " " 1 Dark Bay mare 9 " " 1 Sorrel Ditto 9 " " 2 Colts 9 18 " 1 negro named Elias 75 " " 1 Ditto John 90 " " 3 Ditto Adam, Floro & Betty 200 " " 1 Ditto Caesar 90 " " 1 Ditto Willis 100 " " ----------------- 834 12 0 Account brought forward 834 12 0 1 negro named Dick 40 " " 1 Ditto Ned 50 " " 4 Ditto Brittain, Priss, Fann & Harry 100 " " 1 Ditto Sam 60 " " 1 Ditto Bill 50 " " 1 Ditto Amey 45 " " 1 Ditto Tamson 40 " " 1 Ditto Agg 50 " " 1 Ditto Jack 45 " " 1 Ditto Dinah 30 " " 5 Stacks of Hay 27 " " 6 Teaspoons of a ----- 1 16 " 2 pair sugar tongs 1 10 " 1 pr Shoe Buckles " 9 " 1 pr gold sleeve Buttons 2 " " 1 ---- " 5 " 1 walnut table 1 10 " 1 old desk 1 16 " 1 case of razors, Strop, & 2 pr of money scales " 12 " A parcel of old Irons in a drawer " 3 " A large family Bible 2 10 " 1 Ditto Birketts explanation on the new testament " 18 " 1 large Walnut table 1 4 " 1 Ditto Ditto 1 10 " 1 Desk & Book case 3 " " 1 pr flat Iron's " 6 " 12 cedar casks @ 6/ 3 12 " -------------- 1394 13 " Account brought forward 1394 13 " Part of a Barrel of tar " 12 " 1 tub of flaxseed " 12 " 10 Gallons of Molasses @ 2/ 1 " " 13 old ploughs 3 5 " 3 mattocks " 18 " 7 Axes 1 11 " 3 Scythes & Cradles " 18 " Old Scythes & Irons " 10 " 1 Old Spade " 3 " 1 set of Blacksmiths tools 7 10 " 10 old hoes " 12 " 1 X cut saw " 18 " 1 Loom & Gin 1 10 " 1 Log chain " 12 " Waggon Gin 1 4 " 1 Saddle & Bridle " 18 " Old wheels 1 16 " Potts, Pott hooks, ovens & Pan 2 2 " A quantity of salted pork 18 " " 2 tubs with salt in them 2 8 " 1 tub with Wheat in it 3 " " 1 Pott with lard in it 3 " " 7 old tubs 1 1 " 4 Bee hives with bees in them 2 8 " A quantity of flax supposed to be 30 lb 2 5 " A parcel of Pewter 1 10 " A parcel of Earthern ware " 12 " 2 stove Butter Potts @ 3/ " 6 " 1 spice mortar " 12 " ---------------- 1456 6 0 Amount brought forward 1456 6 " 1 Gun 1 5 " 4 Beds, Bedstead & furniture 32 " " Knives & forks " 4 6 14 Waggon Bags 1 8 " 1 Waggon tent 1 " " A parcel of Leather 1 4 " Shovel & tongs " 6 " 10 yards of negro cotton 1 " " 1 old tea chest " 6 " 1 Looking glass " 5 " 3 Jugs & honey 1 19 " 1 case & Bottles " 6 " 1 Tin funnels & 4 four quart Bottles " 4 " 23 hogs 12 18 " 3 Chests 1 15 " -------------- 1512 6 6 Found more of " 18 " ------------------- L 1513 4 6 James Withers John Mauzy Enock K. Withers At a court held for Fauquier County the 27th day of February 1804. This Inventory and appraisement of the Estate of William Withers deceased, was returned and ordered to be recorded. [The original of this account of the settlement of the es tate of William Withers is located in Fauquier County Will Book 4, page 140. The original is recorded in an oversized court record book. I have divided it into LEFT and RIGHT SIDE of the page due to the size limitations of the computer. LSS] [Aross the top of the page] Agreeable to an Order of Fauquier Court to us directed We have proceeded to Settle the Account of the Executors to the Estate of William Withers Dec'd. A/C follows: [Left side of page] Dr The Estate of William Withers Dec'd In 1803 March 28 To Cash pd Pickett & Blackwell 3 19 9 Decr 5 " Cash pd John English & Co. 18 10 1/2 1804 Febry 19 " Cash pd Withers & Jennings 3 14 9 1805 " Cash pd Fauquier Clerk $6 12/100 1 10 9 May 27 " Cash pd Doctor Homer 3 6 11 August 14 " Ditto pd Colo J. W. Blackwell - 12 2 " " pd Jas Withers 2 11 6 " " Jessie Withers 50 5 " " " pd Squire L. Martin for Coffin 2 9 " " " pd Jessie Withers 5 " " " " pd for 1/2 Bus. Potatoes - 2 3 " " pd John Withers 3 12 " " " Cash pd Smith's Ac/c 5 1 6 -------------- To Amt Carried over L 84 9 6/2 To Amount Brot (sic) forward 84 9 6 1/2 To Commission on L 2135 / 16 / 6 1/2 at 5 p It 106 15 9 3/4 To Bal owes & Contra Cr 2029 0 8 3/4 L 2220 / 6 /1 [Right side of page] A/C With the Executors Cr By Robert Rose for Amt his Purchase 7 9 6 By William Withers Ditto Ditto 248 7 10 " Capt George Renfew Ditto 2 10 - " John Fuerbian Ditto 15 9 " " John Ball " 183 12 10 " Alexander Spotswood " 14 2 " " William W. Hewton " 3 8 " " Robert Hunter " 18 2 6 " James Withers " 290 11 " " Willliam Franklin " 7 1 " " Beverley Roy " 5 4 " " Aaron Scofield " 10 5 6 " Dennis Warner " 5 16 " " John Kewper " 3 16 " " Ludwell Wats " 15 " " " Reuben Lee " 10 " " " Elijah Withers " 250 4 " " Cornelious Bressey " 15 4 " " John Williams " 4 16 " " Martin Porter " 308 3 9 " Eppa Timberlake " 11 " " " Samuel Wood " 12 3 3 " Leba Newhouse " 13 9 " " Michael Flair " 3 12 " " George Withers " 2 14 " " Spencer Withers " 1/8 " " " William Roack " 3 1 " " William Clarke " 1 11 1 " Vincent Gaum " 150 11 6 " George Sharp " 2 3 " " Richard Harvey " 1 6 " " James Withers (K C ) " 4 " 7 " John Roper " 4 8 " " John Holtzclaw " 2 15 " " Samuel Blackwell " 8 10 6 " John Blackwell (cash) " " 15 " " Enoch K. Withers " " 10 " " James Doory " 6 8 " " Lewis Withers " 268 17 3 " Jesse Withers " 170 14 " " Edwin Porter " 5 7 " " Peggy Pin " 3 10 " " John Withers " 77 11 7 " Munford Beverley " 2 10 " " Dorhas Bragg " 7 " " " William W. Huntor " 10 " " " Nelson Rector sur. for Rent 20 " " James Withers (c) 4 8 " --------------- By Amt Carried over L 2220 6 1 By Amt Brot (sic) forward 2220 / 6 / 1 L 2220 / 6 / 1 By Bal owes & Cr side 2029 / 0 / 8 3/4 given under our hand Fauquier August 14th 1805 Robert Rose John Bronaugh John Blackwell At a Court held for Fauquier County the 23rd day of September 1805. This administration account on the estate of William Withers deceased was returned and ordered to be recorded. Teste L .L. Brooks CFC