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Abernathy Document

Will of James Abernathy
12 Dec 1798

In the Name of God Amen, I James Abernathy of Sussex County, being of disposing mind and memory, thanks be Almighty God for the same, do make and ordain this my last Will and Testament in the manner following, First I recommend my soul to God who gave it me, and my Body to the Earth to be decently buried, at the direction of my Executors hereafter named, and touching such worldly Goods as it has pleased God to bless me with, I dispose thereof in the following manner Viz Impris I give and bequeath to my daughter Rebeckah Rainey two negros, named Cressy and Sue, with all that she has besides, of mine in her possession, to her and her heirs forever. Item I give and bequeath to my daughter, Martha Sexton one negro named Ephraim, with all that she has besides of mine, in her possession, to her and her heirs forever. Item I give and bequeath to my Daughter Polly Rollings one negro named Peter, with all that she has besides, of mine, in her possession, to her and her heirs forever. Item I give and bequeath to my daughter Elizabeth Abernathy one negro named Winne, one feather bed and furniture, and thirty six pounds lawful money of Virginia. Item I give and bequeath to my Daughter Nancy Abernathy two Negroes named Billy and Allen, to her and her heirs forever. Item I give and bequeath to my son James Abernathy two Negroes Bobb and Jimme and one Gun to him and his heirs forever. Item I give and bequeath to my Grandaughter Polly Saxton one Negro named John, to her and her heirs forever. Item I leave to my loving wife Rebeckah Abernathy the use of two Negroes names Hanner and Mary and their increase from this date during her life. I also give and bequeath to my said wife one feather bed and furniture, and all of my crop of corn to her and her heirs forever. And at the death of my said wife I give and bequeath to the children of my two daughters Rebeckah Rainy and Martha Sexton the Negros I have left my wife the use of and their increase from this date, to be equally Divided amongst them, to them and their heirs forever. Item My will and desire is that my Executors may sell my two Negroes named Anaca and Daniel to pay my just debts and financial expensives and the legacy I have left to my daughter Elizabeth as above. Item I give and bequeath to my loving wife Rebeckah Abernathy and my two Daughters Elizabeth Abernathy and Nancy Abernathy all the rest and residue of my Estate of what kind soever, to be equally amongst them three, to them and their heirs forever. Item and lastly, I constitute and appoint my two sons-in-law William Raine and Benja M. Sexton my whole and sole Executors of this my last Will and Testiment. In witness whereof I have hereunto set my hand and affixed my seal this twelfth day of December Anno Dom. one thousand Seven Hundred and Ninety Eight.. James Abernathy (LS)
Signed sealed & acknowledged in the presence of
Robert Jones
             his
Benjamin + Turner
              mark

Brunswick County Court January 28th 1799
This last Will and Testament of James Abernathy dec'd was proved by the oaths of Robert Jones and Benjamin Turner Witnesses thereto and ordered to be recorded and on the motion of William Rainey Jr and Benjah Saxon, the Executors therein named they having made oath thereto according and together with John Rawlings, Seth Turbyfield, Randle Rawlings and William Rainey Senr their securities entered unto and acknowledged above in the penalty of Ten thousand Dollars with Conditions as the law direct Certificate is granted them for obtaining a probate therof in due form. Test
Herbert Hill CBC

Brunswick County, Will book 6, p. 206-7
Transcription by Elizabeth Ferguson 17 Jul 2005