In the name of God Amen! I, Howard Cash, of Amherst County, being sick and weak of body but of sound and perfect state of mind and memory and knowing that it is appointed to all men once to die, do make and ordain this my last will and Testament, Imprimis I lend to my beloved wife Ruth eight negros during her nateral life, namely Joseph, Cate, James, Charles, Sall, Dinah, Dick and Davis. Item, I lend to my beloved wife during her life the land and plantation whereon I live (which said land and negroes I lend to my said wife during widowhood and natural life) Item, I give to my son Joel one hundred acres of land joining the land on which he lives & two negroes named Fil & Dick a boy which said boy Dick I give to my grandson Howard, the son of Joel Cash after the death of my said son Joel to him and his heirs forever, Item Igive to my daughter Mary Lively a negro wench named Sarah, Item I give to my Son ~ Benjamin four hundred acres of land adjacent to land that is at present the property of Capt. Aaron Higginbotham, and the land whereon I live, & also a negro fellow named James, whom I purchased of W. Thomas Mitchell, to him and his heirs forever. Item, I lend to my daughter Rosanna a negro wench named Fillis during her life and after her decease to my grandson, Micajah (her and her ~ Increase to him and his heirs forever) Item I lend to my daughter Ann Powell a young negro wench named Peg during her life and after her decease to the heirs of her body and if she dies without heirs my will and desire is that the said negro & her increase may decend to the children of my daughter Rosanna, Item, I give to my son Robert two hundred and forty acres of land lying between the land whereon I live and Stephen Cashes land, moreover I give and devise to my son Robert the four hundred acres of land which I have left to my wife after her Decease,& a negro fellow named John to him and his heirs forever,and also a bed and furniture & two cows, Item I give to my daughter Maryann a negro boy named Ralph, & also a Bed and furniture, & a cow & calf. Item, I give to my daughter Ruth a negro girl named Nell and (her increases) (to her & her heirs forever) and also a Bed and funiture and a cow and calf, Item, my will and desire is that my daughter Elizabeth Nuckles may have thirty pounds to be Raised out of my Estate which I have willed to my wife, to be paid in ten years, by an order for three pounds a year upon some merchant as soon it it becomes due. Item, I give to my son Stephen five shillings & I give to my daughter Sarah Mause five shillings. Item, my will and desire is that after the decease of my beloved wife Ruth that two negroes namely James and Charles may decend to my son Joel, and Joseph and Cate to my Son Benjamin & two negroes namely Sall and Davis to my Son Robert (to him and his heirs forever) Item, my will and desire is that after the decease of myself and my wife the increase of Sal if any may be Equally devided between my daughters Maryann and Ruth & if either of my --- Daughters should depart this life unmarried or before they arrive at lawful age the sirvivors of them should possess the issue of the negro wench, Item, my will and desire is that the Residue of my Estate which I haven't already devised may go to my beloved wife during her life and after her decease to be devided between my three sons Joel, Benjamin, & Robert. Item, I do not desire that my estate may be appraised and I appoint my beloved wife executrix and my sons Joel, Benjamin and Robert executors of this my last will and Testament, and I do hereby Utterly Revoke and Disanul all former wills and ordain this my last will and Testament, In witness I have hereunto set my hand and seal, this twenty eighth day of February anno Domoni 1772
Howard
Cash
Intestined before assigned
Test
Roderick McCullock
David Crawford
In a court held for Amherst County at the court house the sixth day of October
1772 This last will and Testament of Howard Cash deceased was presented
in Court by Ruth Cash, Joel Cash, Benjamin Cash and Robert Cash,
the executors herein named ------- whereupon the same was proved (?) by the
oaths of David Crawford and Roderick McCullock gent who deposed
that there were no interlineations in the said will except in the bequest
to Ruth Cash in the twenty second line ( to wit) her increase) at
the time of the said decedents executing the said will; Edmund Wilcox
also deposes that at the request of the said the other Interlineations
were made and approved of by the said decedent after being read to him in
the presence of the said Edmund Wilcox, and thereupon the said will
is ordered to be recorded and on the motion of the said executors who made
oath according to law, certificate is granted them for obtaining probate
thereof in due form, giving security, on which they with Richard Powell
and Gabriel Penn their securities entered into and acknowledged Bond
in the Penalty of two thousand pounds with the conditions required by law.
Test
Edmund Wilcox Cl. Cor
KNOW all men by these presents that we Ruth Cash, Joel Cash, Benjamin
Cash Robert Cash Richard Powell & Gabriel Penn are held and
firmly bound unto Wm Cabell Jim James Novil Rodrick McCullock &
David Crawford gent justices of the court of Amherst County now seting
(?) [this should be "siting"] in the sum of two thousand pounds to
the payment whereof well and truly to be made to the said justices and their
successors we bind ourselves and each of us our and each of our heirs executors
and administrators jointly and severally firmly by these presents sealed
with our seals this tenth day of October in the year of our Lord one thousand
seven hundred & seventy two and in the twelfth year of the reign of our
Lord Soverign Lord George the third.
The condition of this obligation is such that if the above bound Ruth,
Joel, Benjamin and Robert Cash executors of the last will and
Testament of Howard Cash deceased do make or cause to be made a true
and perfect inventory of all and singular the goods chattels and credits
of the said deceased which have or shall come to the hands possession or
knowledge of the said Ruth, Joel, Benjamin and Robert
Cash or to the hands and possession of any other person or persons
for them and the same so made do exhibit into the county court of Amherst
at such time as they shall be thereunto required by the same court and same
goods chattels and credits of the said deceased which at any time after shall
come to the hands and possession or knowledge of the said Ruth, Joel,
Benjamin and Robert Cash or into the hands or possession of any
other person or persons for this the last will and truly administer according
to the law and futher do make a just and true account of the actings and
doings therein when thereto required by this said court and also shall will
and duly pay and deliver all the legacies contained and specified in the
said testament as far as the goods chattles and credits will hereunto extend
and the law shall charge then this obligation to be void and of none effect
or else to remain in full and virtue.
her
Ruth X
Cash
mark
Joel Cash
Sealed and Delivered
Benjamin Cash
in the presence of
Robert Cash
the court.
his
Richard X
Powell
mark
Gabl Penn
At a court held this sixth day of October 1772.
This bond was acknowledged by Ruth Cash, Joel Cash, Benjamin Cash, Robert
Cash, Richard Powell & Gabriel Penn to be their acct and deed
and ordered to be recorded.
Test Edmund Wilcox Cl Cou
Will Book #1, Amherst County Court House, Amherst, VA. pp 228-233.
Submitted by John R. (Randy)
Martin (Contributed November 24, 1997)
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