Notes for Frederick Abernathy: [Abernathy--Stephens.FTW]
Last Will and Testament of Frederick Abernathy
In the name of God Amen I Frederick Abernathy of the County of Brunswick and the State of Virginia being weak of body but of perfect sound mind and memory but calling to mind this Transitory life and believing that tis appointed for all men to die do make and Ordain this my Last Will and Testament that is to say and first of all I recommend my soul into the hands of Almighty God in hopes of salvation through our Lord Jesus Christ and with respect to my worldly goods and Chattels which it has pleased God to bestow upon me I give and dispose of the same in manner and form as is followeth Item I lend unto my beloved Wife Millie during her life or widowhood the Tract of Land where I now live at which time I give the said Tract of Land to my son Matthew to him and his heirs forever and it is my desire that my daughters Sandal and Mason shall have the priviledge of living in the same land while they live single. Item I give unto my daughter Sandal one white Cow and Calf one Ewe and (Land? spell) one feather bed of furniture and one chest Item I lend onto my Wife Milley all of the stock of all kinds and all the household and Kitchen Furniture and plantation utensils during her Life or Widowhood Item I give unto the Children that I had by my first Wife one dollar each. Item at the death of my Wife I give all the remainder of my Estate that I have not given away to my son Matthew and my Daughter Mason to be equally divided between them and my Will and desire is that my Estate shall be appraised I also Appoint and Ordain my son Matthew Executor to this my Last Will and Testament revoking all former Wills In Witness whereof I have hereunto set my hand and affirmed my seal this 19th day of December in the year of our Lord 1816.
Witnesses Frederick his Abernathy John Suttler mark Lewis Abernathy Wm Gee (?spell) Brunswick County Court May Term 1819 This last Will and Testament of Frederick Abernathy dec'd was proved by the Oaths of the Witnesses thereto and Ordered to be Received And on the (indent? spell ) of Matthew Abernathy the Executor therein named who made the Oath ____? According to Law together with Lewis Abernathy and John (Lesggins? Spell) his securities entered into and acknowledged abind in the penalty of two thousand dollars conditioned as the Law directs Certificate is granted him for obtaining a probate in due form. Teste A Turnbull (CBG?-spell) [Abernathy-Stephens.FTW]
Last Will and Testament of Frederick Abernathy
In the name of God Amen I Frederick Abernathy of the County of Brunswick and the State of Virginia being weak of body but of perfect sound mind and memory but calling to mind this Transitory life and believing that tis appointed for all men to die do make and Ordain this my Last Will and Testament that is to say and first of all I recommend my soul into the hands of Almighty God in hopes of salvation through our Lord Jesus Christ and with respect to my worldly goods and Chattels which it has pleased God to bestow upon me I give and dispose of the same in manner and form as is followeth Item I lend unto my beloved Wife Millie during her life or widowhood the Tract of Land where I now live at which time I give the said Tract of Land to my son Matthew to him and his heirs forever and it is my desire that my daughters Sandal and Mason shall have the priviledge of living in the same land while they live single. Item I give unto my daughter Sandal one white Cow and Calf one Ewe and (Land? spell) one feather bed of furniture and one chest Item I lend onto my Wife Milley all of the stock of all kinds and all the household and Kitchen Furniture and plantation utensils during her Life or Widowhood Item I give unto the Children that I had by my first Wife one dollar each. Item at the death of my Wife I give all the remainder of my Estate that I have not given away to my son Matthew and my Daughter Mason to be equally divided between them and my Will and desire is that my Estate shall be appraised I also Appoint and Ordain my son Matthew Executor to this my Last Will and Testament revoking all former Wills In Witness whereof I have hereunto set my hand and affirmed my seal this 19th day of December in the year of our Lord 1816.
Witnesses Frederick his Abernathy John Suttler mark Lewis Abernathy Wm Gee (?spell) Brunswick County Court May Term 1819 This last Will and Testament of Frederick Abernathy dec'd was proved by the Oaths of the Witnesses thereto and Ordered to be Received And on the (indent? spell ) of Matthew Abernathy the Executor therein named who made the Oath ____? According to Law together with Lewis Abernathy and John (Lesggins? Spell) his securities entered into and acknowledged abind in the penalty of two thousand dollars conditioned as the Law directs Certificate is granted him for obtaining a probate in due form. Teste A Turnbull (CBG?-spell)
[Abernathy-Stephens.FTW]
Last Will and Testament of Frederick Abernathy
In the name of God Amen I Frederick Abernathy of the County of Brunswick and the State of Virginia being weak of body but of perfect sound mind and memory but calling to mind this Transitory life and believing that tis appointed for all men to die do make and Ordain this my Last Will and Testament that is to say and first of all I recommend my soul into the hands of Almighty God in hopes of salvation through our Lord Jesus Christ and with respect to my worldly goods and Chattels which it has pleased God to bestow upon me I give and dispose of the same in manner and form as is followeth Item I lend unto my beloved Wife Millie during her life or widowhood the Tract of Land where I now live at which time I give the said Tract of Land to my son Matthew to him and his heirs forever and it is my desire that my daughters Sandal and Mason shall have the priviledge of living in the same land while they live single. Item I give unto my daughter Sandal one white Cow and Calf one Ewe and (Land? spell) one feather bed of furniture and one chest Item I lend onto my Wife Milley all of the stock of all kinds and all the household and Kitchen Furniture and plantation utensils during her Life or Widowhood Item I give unto the Children that I had by my first Wife one dollar each. Item at the death of my Wife I give all the remainder of my Estate that I have not given away to my son Matthew and my Daughter Mason to be equally divided between them and my Will and desire is that my Estate shall be appraised I also Appoint and Ordain my son Matthew Executor to this my Last Will and Testament revoking all former Wills In Witness whereof I have hereunto set my hand and affirmed my seal this 19th day of December in the year of our Lord 1816.
Witnesses Frederick his Abernathy John Suttler mark Lewis Abernathy Wm Gee (?spell) Brunswick County Court May Term 1819 This last Will and Testament of Frederick Abernathy dec'd was proved by the Oaths of the Witnesses thereto and Ordered to be Received And on the (indent? spell ) of Matthew Abernathy the Executor therein named who made the Oath ____? According to Law together with Lewis Abernathy and John (Lesggins? Spell) his securities entered into and acknowledged abind in the penalty of two thousand dollars conditioned as the Law directs Certificate is granted him for obtaining a probate in due form. Teste A Turnbull (CBG?-spell)
Chancery Court Records Brunswick County, Case #1819-007 Jarrett Abernathy, etc. v. Executor of Frederick Abernathy, etc. Box 26 stack location 4/F/68/2/6 copy option #2
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Abernathy & others Vs Abernathys Exor & Guardian 24 Nov 1819 filed and heard and decreed as (unclear) Decree filed (cp)
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To the worshipful Court of Brunswick County setting in chancery hereby complaining and show to your worships your orators Jarratt James [John crossed out] Elisha Sterling Abernathy and ["Sylvia Lewis and" crossed out] Reul Lewis who was her husband [ written above - "to Sylvia Abernathy in right of her children"] late Abernathy Catharine Lucy late Abernathy John [written over Nancy] Scoggins and Nancy his wife late Abernathy Sandal Abernathy your orators first mentioned and your oratrixes children of Tabithy Abernathy deceased that Samuel Harwell grand father to your orators and oratrixes some time about the year 1792 made a deed of gift, a copy whereof is hereto annexed of sundry slaves and among others a certain negro male slave called Jack to the said Tabithy Abernathy husband Frederick Abernathy for her life with remainder to his[sic]children at his [sic] death [ written above - "also in the (unclear) slave"] that the event his death has happened some time ago and the other slaves given by their your orators grand father on the mothers death have been divided and that they are desirous of obtaining that proportion of the value of the said slave to which they your orators and oratrixes together M Ann William Abernathy daughter of John Abernathy deceased who was one of the children of Tabitha Abernathy deceased are entitled. That the slave is in the custody of Mathew Abernathy who is Executor of the decedent Frederick on whose death your orators and oratrixes interest vested that although justly entitled they are advised that they cannot obtain their proportion but by the equitable intervention by your worships to which and your orators and oratrixes pray your worships make the said Mathew Exor of the said Frederick Abernathy a defendant and compel him to answer the facts herein charged and that your worships will appoint some suitable person guardian ad litem to M Ann William Abernathy daughter of your orators and oratrixes brother John Abernathy to protect her interest in (this?) [page torn] cause and his answer that your worships (unclear) [page torn] sale of the said slave Jack
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since a division in kind cannot be made between the donees of the said slave that the (unclear) (unclear) and your worships will decree and order that suitable persons commissioners appointed by your worships do sell at public sale on 12 months credit the said slave and make a division of the proceeds between your parties entitled the commonwealth's writ of subpoena (unclear) commanding (unclear) and such other and further relief as equity dictates and as in duty they will ever pray etc. John Scoggins his mark for himself and the other complain[ants].
[Samuel Harwell Deed attached but not transcribed herein - previously done by others]
The answer of Mathew Abernathy Executor of Frederick Abernathy deceased to the bill filed in Brunswick Court (against?) Jarratt Abernathy and others against him and others in the said Court this Respondant saving all benefit of just exception to the Complainants bill for answer thereto says he cannot gainsay the facts in the said bill charged that he has no objection to a decree according to the prayer of the said bill and having fully answered he prays (herein?) to be dismissed with his costs and as in duty he will ever etc. John Scoggins his mark for Mathew Abernathy
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The separate answer of Jesse Reid appointed by the Court of Brunswick County grdn ad litem to M Ann William Abernathy daughter of John Abernathy deceased [written above - "and infant of tender years"] to (defend?) her in a suit in chancery in the name of Jarratt Abernathy and others against the said infant and others in the said Court this respondent saving all just benefit of exception to the Complainants bill for (unclear) hereto admits the facts and Notice therein (stated?) that he has no objection to the decree prayed for and having now fully answered prays (?) with his costs to be dismissed and as in duty he will ever pray etc. Jesse Ried by (A ---) his atro
Abernathy and others Vs Abernathy exor and Abernathy gdrn In Chancery
This day this cause came on to be heard by consent on the bill answer and exhibits (?) and on agreement of Counsel on mature consideration whereof the court doth adjudge order and decree that Gardiner Scoggin Richardson Brown Wiliam Rainey Jonathan (Dickson?) and Frederick Lucy or either three do sell the slave Jack in the bill (mentioned?) at public sale have reasonable thereof to [preceeding phrase and next two words are uncertain] credit of twelve months taking nine bonds of equal amounts for the purchase money with good security and that they [give is crossed out and replacement word is unclear] each of the complainants and the guardian of the infant defendant one of the said bonds or the one ninth part of the price of the said slave and further that they make report to this court in order to a final decree.
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Abernathy Vs Abernathys Commissioners Report
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Account of the sale of the slave belonging to the Estate of Frederick Abernathy deceased made the 16th day of December 1819 by the Commissioners appointed by the County Court of Brunswick for that purpose. Jack to Mildred Abernathy highest bidder $237 amount of the sale of Jack from which deduct Commissioners compensation (say?) 5 (unclear) 11.85 - 225.15 Nett Amount of sale of slave to be divided between 9 Legatees agreeable to decree of Court leaves to each legatee part 25/3 [cut off]. The undersigned Commissioners for that purpose Respectfully Reports to the worshipful Court of Brunswick County that in pursuance of the (decreed?) order of the Court they have after duly advertising the day and place of sale sold to the highest bidder on twelve months credit the slave belonging to the Estate of Frederick Abernathy Deceased That after deducting a reasonable compensation for their time trouble (unclear) the nett proceeds of the sale amounts to the sum of two hundred and twenty five dollars and fifteen cents which give to each of the legatees twenty five dollars and one cent 2/3 for their respective proportions and which your Commissioners have paid over to part of the legatees and now hold ready to pay over to said legatees in Bonds or money when collected soon as they respectively may apply for the same give under our hands This 20th day of May 1820. William Raney Richardson Brown Frederick Lucy John Dixon
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Abernathy vs Abernathy's Copy decree
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Brunswick County Court 24 November 1819 Jarratt, James, Elisha, and Sterling Abernathy, and Ruel Lewis in right of his children, Catharine Lucy late Abernathy, John Scoggins and Nancy his wife late Abernathy, and Sanal Abernathy Cmplls against Mathew Abernathy exor of Frederick Abernathy, and M A W Abernathy by Jesse Reid her gdn specially appointed Defts This day this cause was docketed and came on to be heard by consent of parties on the bill and answer and the arguments of Counsel, and the exhibits filed, an consideration whereof the Court doth adjudge order and decree that Gardner Scoggins, Richardson Brown, William Rainey, John Dixon, and Frederick Lucy or any three of them, sell to the highest bidder, after having given reasonable notice of such sale, the negro slave Jack in the Bill mentioned, on a credit of twelve months, taking nine bonds of equal amounts for the purchase money with good Security, and that they transfer to each of the Complainants, and the guardian of the Infant defendant one of the said bonds, or the one ninth part of the sale of the said slave and make report thereof to the Court (in?) order to a final decree. (A Copy?) (N?) Turnbull CC
More About Frederick Abernathy: Date born 2: 02 Sep 1745, Brunswick, Cty.,Virginia.268, 269 Died 2: 1819, Brunswick, Cty.,Virginia.270, 271 Will: 19 Dec 1816, (Look in notes).272, 273, 274
More About Frederick Abernathy and Millie Davenport: Marriage: 13 Feb 1795275, 276 Marriage license: 11 Feb 1795, Applied fo license.277, 278
Children of Frederick Abernathy and Tabitha Labbs Harwell are:
Frederick Abernathy (b. 02 Sep 1745, d. 1819)
Notes for Frederick Abernathy: