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Abernathy Document

The Will of Nimrod Burrow
Dinwiddie County, VA
19 Aug 1833

In the name of God Amen. I Nimrod Burrow of the County of Dinwiddie and State of Virginia, being of sound memory and perfect mind thanks be to God for the same, Do this fifteenth Day of August in the year of our Lord one thousand eight hundred and ten, make, publish and ordain this my last Will and Testament, in the manner and form as follows.
Imprimis my will and Desire first is that all of my just debts be paid. Item, my will and desire is that the whole of my Estate, both real and personal be kept together in the same manner as if I were living, until the death of my mother Susanna Burrow, and that my Mother, Cousin Kezea Abernathy and my two children, Namely Celia Burrow Abernathy and Martha Burrow Abernathy, they being the issue of the body of my Cousin Kezea Abernathy , to be maintained out of the annual income of my Estate, until the death of my mother shall happen.
Item, my will and desire is that after the death of my mother Susanna Burrow that my Cousin Kezea Abernathy have the use of that tract of land of which I purchased of Laban Abernathy and lying in Dinwiddie County and on both sides of the Mealy branch estimated 55 1/2 acres, also the use of the following negroes namely Jupiter, Polly, Harris and Tomb During her single life, and at her marriage or Death which ever may first happen, then the above named 55 1/2 acres of land, Jupiter, Polly Harris & Tomb to be equally divided (and not sold) between Celia Barrow Abernathy and Martha Barrow Abernathy issue of the body of Kezea Abernathy, to belong to them & their heirs forever.
Item, my will and desire is that the ballance of my land and negroes not heretofore willed and my every other pieces of property of whatsoever nature or kind, at the death of my Mother be equally divided (and not sold) between my two above named Daughters, Celia Burrow Abernathy and Martha Burrow Abernathy issue of the body of Kezea Abernathy, to belong to them & their heirs forever. And my will and desire further is should either of the aboved named children die before the period arrives for them to receive their part of my Estate willed them, then the part willed to the deceased shall descend to the survivor, to be hers and her heirs forever. Now let it be understood that the whole of my Estate of whatsoever nature or kind that I am possessed with is to remain as I left it, until the death of my mother Susanna Barrow, and the parties mentioned to mainted out of it til her death happens, then it is to ..... My will and desire is, that there should be no appraisment upon my estate. To this my last will and testement I make and ordain my trusty friends Kezea Abernathy Executrix and Jesse Abernathy Executor. In testimony of this being my last will and testament I have hereunto set my hand and affixed my seal Nimrod Burrow (Seal)
Acknowledged by Nimrow Burrow the Testator, to be his last will and testament in the presence of us,
Harmon Abernathy
Freeman Abernathy

At a Court held for Dinwiddie County on the 19th day of August 1833. This writing purporting to be the last Will and Testament of Nimrod Barrow, deceased, was presented in court, and Harmon Abernathy being dead and Freeman Abernathy being absent from the Commonwealth, who are subscribing witnesses to said Will, James Scott, William Cutler and James Bishop were sworn and severally deposed that they are well acquainted withe the Testator's hand writing, and verify before the said writing and the name thereto subscribed, to be wholly written by the Testator's own hand. Where upon the said writing is ordered to be recorded as the trull Will and Testament of the said Nimrod Barrow, Deceased.
Kezea Abernathy excutrix named in the said Will refused to take upon herself the burden of the execution thereof, and it appearing to the satisfaction of the Court that Jesse Abernathy another executor named in the said will has been long a non resident of this Commonwealth, On the motion of James M. Goodwyn and James Sturdivant Jr, who made oath thereto and the said James M. Goodwyn together with Joseph Goodwyn has recently entered into bond in the penalty of five thousand dollars, and the said James Sturdivant together with James Sturdivant his security entered into bond in the penalty of five thousand dollars conditioned as the law directs, certificate is granted the said James M. Goodwyn and James Sturdivant Jr for obtaining letters of administration on the said decedant's estate with his will annexed in Inc form. Test J. P. Crump CLC

Transcription by Elizabeth Ferguson, 24 Apr 2007