Abernathy Document
Will of Jesse D. Abernathy
13 March 1862
Probated 11 November 1867
Lunenburg County, VA
I Jesse D. Abernathy of the County of Lunenburg and State of Va do make this my last will and testament revoking all others.
1st I desire the payment of all my just debts. -
2nd I leave to my sisters Mary T. & Lucy P. Abernathy should they survive me the whole of my estate both real & personal during their joint lives and at the death of either the survivor to enjoy & have the same during her life. -
3rd After the death of my two above named sisters I give to Eliza M. Jeter and her children the tract of land on which she now resides to be held in trust by David B. Bragg for the sole use and benefit of the said Eliza M. and her children and in no way liable for the debts of her husband P.T. Jeter and at the death of the said Eliza M. to be equally divided among her children.
4th I desire the residue of my real estate to wit the tract of land on which I now reside to be divided into four equal parts. To. D.B. Bragg I give one fourth to him and his heirs forever. To Joel P. Bragg I give one fourth to him and his heirs forever. To David B. Bragg I give one fourth to be held in trust for the use & benefit of Mary A. Pamplin and her children, to be used for their joint support during the life of the said Mary A. and at her death to be equally divided among her children by her deceased husband R.A. Pamplin. The remaining fourth I give to Amy T. Bragg but should she die leaving no children at her death, I desire her portion to be equally divided between D.B. Bragg, Joel P. Bragg, Mary A. Pamplin & her children and Eliza M. Jeter & her children. To be held in the same manner as the part given them in the foregoing clause.
5th My desire is that my slave property and every other species of property not disposed of shall at the death of my two sisters be divided into five equal parts; To D.B. Bragg I give one fifth to him and his heirs forever. – To Joel P. Bragg I give one fifth to him and his heirs forever – To Eliza M. Jeter I give one fifth to be held in the same manner as the property given by the 4th clause of this will to be placed in the hands of D.B. Bragg as trustee for her and her children and at her death to be equally divided among her children to them and their heirs forever – To Mary A. Pamplin and her children I give one fifth to be held by D.B. Bragg as trustee in the same manner as the property given in the 4th clause in this will and at her death to be equally divided among her children – To Amy T. Bragg I give the remaining fifth but should the said Amy T. die leaving no children my desire is that her portion be equally divided between David B. Bragg, Joel P. Bragg, Eliza M. Jeter and her children and Mary A. Pamplin and her children the last two mentioned to be held in the same manner in the hands of a trustee as directed in the foregoing part of this will –
6th I nominate & appoint D.B. Bragg executor of this my last will & testament. In witness whereof I have hereunto set my hand and seal this 13th day of March 1862.
Jesse D. Abernathy seal
Witness
W.W. Webb
A.H. Lowe
Ts: Woodson
Lunenburg County Court 11th November 1867
A paper writing bearing the date 13th March 1862 purporting to be the last will and testament of Jesse D. Abernathy dec d was produced in court & proved by the oaths of Ts: Woodson & W.W. Webb two of the subscribing witness thereto and ordered to be recorded and David B. Bragg the executor therein named came into court and refused to take upon himself the burden of the executor thereof. Whereupon the motion of Mary T. Abernathy who made oath thereto and entered into and acknowledged a bond with approved security in the penalty of $25oo conditioned according to law, certificate in due formis granted her for obtaining letters of administration on the estate of said dec d with his will aforesaid amended.
Teste
W.W. Webb CC
Transcribed by Margaret Ogilvie