Abernathy Document
The Will of
William Abernatha
24 Sep 1780
Frederick County, VA
In the
Name of God - Amen. I William Abernatha of the said County and Common
Wealth being at present (tho sick and weak of Body yet of perfect Mind and
Memory thanks be to Almighty God) but calling to Mind the uncertainty of this
frail and Mortal Body, and that it is appointed for all Men once to die and
After Death to come to Judgment Do make and Ordain this my last Will and
Testament in manner and form following. First, and principally I recommend my
Soul to Almighty God my creator who Gave it Assuredly believing that I shall
receive full Pardon and free Remission of all my Sins and Obtain everlasting
Life in and thro the Precious Death and Merits of Jesus Christ my Blessed Savior
and Redeemer and my Body to the Earth from whence it was taken to be Decently
Buried in a Christian like manner at the Discretion of my Executors hereafter
named. And as for such Worldly Goods and Estate with which it has pleased the
Almighty to bless me with in this Life I Give and bequeath in manner and form
following (Viz)
Imprimis. I will that all my just Debts and funeral Charges be fully paid and
Satisfied.
Item.
I Give and bequeath to my well beloved Wife Sarah Abernatha One Feather
Bed and Furniture and so long as my Sons William and Samuel Abernath
continues Single or thinks fit to Live upon my now Dwelling place that she my
said Wife to be Decently and Sufficiently supported thereupon and if they should
Marry or see fit to leave the said place then my will is that She my said Wife
to have the whole of the said Plantation Dwelling House and the Appurtenances
thereunto belonging for and During her Natural life.
Item. I give and bequeath to my Eldest Son John Abernatha the Sum of thirty
pounds Current Money to him his Heirs or Assigns He having already received his
portion of Land.
Item. I give and bequeath to my Son James Abernatha the Sum of thirty pounds
Current Money to him his Heirs or Assigns He having already Received his portion
of Land.
Item. I give and bequeath to my Son-in-law Hugh Cook the sum of twenty pounds
to him his Heirs or Assigns He having already received the full portion Allotted
to his Wife my Daughter Elizabeth Deceased.
Item.
I give and bequeath to my Daughter Ann Miller Wife of John Miller
the Sum of Forty Pounds Current Money to her Heirs or Assigns She having already
Received her portion allotted her out of my Estate.
Item.
I give and bequeath to my said two Sons William and Samuel Abernath Four
Hundred and some odd Acres of Land it being the whole Tract or parcel of Land I
purchased from Bryan Ba n lying and being on Runnils Mill Run in the County of
Hampshire in the said Common Wealth of Virginia the Deeds of Lease and Release
for the same being Acknowledged and Recorded in the County Court of Hampshire as
may appear by the Records of said Court the said Tract of Land be it more or
less to be Equally Divided between them my said two Sons William and Samuel Aberatha
to their Heirs and Assigns forever.
Item.
I give and bequeath to my Two Daughters Sarah and Ellener Abernatha to
each of them One Good Horse and Saddle and Bridle and Bed and furniture to them
their Heirs and Assigns.
And further my Will is that while my family (to wit) my said Sons William and
Samuel and my Daughters Sarah and Ellener continue to live as they
now Do upon my said Dwelling Place in the said County of Frederick that they be
all supported upon the same with Equal benefit and at the Decease of my said
Wife Sarah the whole of the said Dwelling Place and plantation containing
two Hundred Acres or be the same more or less (It being the same which I
purchased of a certain William [Pepat?] for which James Dillion Son and Heir at
Law of William Dillon Deceased is bound to make a good and Sufficient Title to
me my Heirs or Assigns as may appear by writing from under his hand and Seal)
That then the said plantation and Land be valued by Three Honest Judicious men
to be Appointed for that purpose by them my said Sons William and
Samuel and my said Daughters Ellener and Sarah or by the
Justice of the Court of said County and if he my said Son William
Abernatha shall then pay to his said Brother Samuel and each of his
said Sisters Ellener and Sarah to each of them one fourth part of
the said valuation money to them their Heirs or Assigns then my will is that my
said Son William have the said Land and plantation to him his Heirs and
Assigns forever. But if he the said William shall not then agree to pay
the Valuation money as aforesaid then my will is that the said Land and
plantation be sold at public sale and the money arising therefrom to be Equally
Divided between them the said William and Samuel and Ellener
and Sarah or their Heirs. And further my will is that all of my Moveable
Estate be Equally Divided between my said Sons William and Samuel
and my Daughters Sarah and Ellener to them their Heirs and Assigns
forever.
And Lastly I do hereby constitute ordain and Appoint my Loving son William
Abernatha and my Trusty Friend Morgan Morgan of the County of Berkeley in
the said Common Wealth Joint Executors of this my Last will and testament
Revoking and making Void all former and other Wills Leaguices and Executors by
me heretofore made Ratifying and confirming this and this only to be my Last
will and Testament.
In Witness whereof I the said William Abernatha have hereunto set my
hand and Seal this Twenty fourth Day of September One Thousand Seven Hundred and
Eighty.
William Aberthy
(s.s.)
Signed Sealed Published and acknowledged by the Testators to be his Last will and Testament in the Presence of us
Thomas Balding James Neray Robert Ferris
At a Court held for Frederick County the 5th Day of December 1780 This Will was proved by the Oaths of Thomas Balding and Robert Ferris two of the witnesses thereto and Ordered to be Recorded and upon the motion of William Abernathy Junior one of the Executors therein named who made Oath thereto Certificate is granted him for obtaining a probate thereof in due form Whereupon he with the Security entered into and Acknowledged bond conditioned as the Law directs. By the Court
Source: Courtesy of a direct descendant: extracted from public records of Frederick County, VA and published by Mary Ann Needham Hollifield's "Ancestral tracks to Clermont-- and beyond"..