WILL OF JAMES WITHERS BOOK M, P. 468, STAFFORD CO, VA.

IN THE NAME OF GOD, AMEN, I, JAMES WITHERS OF STAFFORD COUNTY, PLANTER BEING SICK OF BODY BUT OF SOUND SENSE AND PERFECT MEMORY, THANKS TO ALMIGHTY GOD AND CALLING TO REMEMBERANCE HOW FRAIL ALL FLESH IS, HAVE THOUGHT FIT TO MAKE THIS MY LAST WILL AND TESTAMENT IN MANNER AND FORM AS FOLLOWS. I GIVE AND BEQUEATH MY SOUL TO ALMIGHTY GOD WHO GAVE IT HOPING FOR FORGIVENESS OF ALL MY SINS THROUGH THE MERITS AND MEDIATION OF JESUS CHRIST, MY SAVIOR AND REDEEMER. MY BODY I DESIRE MAY BE DECENTLY BURIED AT THE DISCRETION OF MY EXECUTORS HEREINAFTER NAMED AFTER ALL MY LAWFUL DEBTS ARE HONESTLY PAID. WHAT TEMPORAL ESTATE IT HATH PLEASED GOD TO BLESS ME WITH MAY BE DISPOSED OF AS FOLLOWETH.

IMPRIMIS- I GIVE TO MY SON JAMES WITHERS AND HIS HEIRS FOREVER A DIVIDEND OR PART OF THAT LAND I BOUGHT OF RICE HOOE LYING IN PRINCE WILLIAM COUNTY CONTAINING FOUR HUNDRED ACRES AND BOUNDED AS FOLLOWS, BEGINNING AT THE BEGINNING TREE OF SAID PATENT AND RUNNING ESE THREE HUNDRED AND TWENTY POLES THENCE NORTH EAST ONE HUNDRED AND EIGHTY FIVE POLES, THENCE NORTH SIXTY FOUR DEGREES, WEST THREE HUNDRED AND NINETY SIX POLES TO THE WEST LINE OF THE SAID PATENT AND FROM THENCE ALONG THE LINE OF THE SAID PATENT TO THE FIRST BEGINNING, AND ALSO NEGRO ROBIN NOW IN HIS POSSESSION, A NEGRO MAN CALLED BREECHY AND A FEATHER BED AND FURNITURE.

ITEM-- I GIVE AND BEQUEATH TO MY SON-IN-LAW HENRY MAUZY AND HIS WIFE ANN, AND THEIR HEIRS FOREVER ANOTHER PART OF THE SAID LAND BOUGHT OF RICE HOOE, CONTAINING TWO HUNDRED ACRES TO BEGIN WHERE THE SECOND COURSE OF THE SAID JAMES ENDS TO RUN UP THE MAIN LINE OF THE PATENT SO FAR AS A LINE ACROSS THE SAME MAY INCLUDE THAT QUANTITY , AND ALSO A NEGRO MAN NAMED GEORGE, A FEATHER BED AND FURNITURE AND FOUR COWS AND CALVES AND THE HALF OF THE HOGS THAT HE RAISED WHERE HE NOW LIVES.

ITEM-- I GIVE AND BEQUEATH TO MY SON-IN-LAW JOSEPH HUDNALL AND HIS HEIRS FOREVER TWO HUNDRED ACRES OF LAND WHEREON HE NOW LIVES LYING IN THE UPPER PART OF THAT LAND WHICH IF BOUGHT OF RICE HOOE BOUNDED ON THE NORTH SIDE BY THE LINE WHICH DIVIDES JOHN HOOE'S LAND AND MINE ON THE SOUTH SIDE BY A PARALLEL LINE QUITE ACROSS THE SAID PATENT, AND A NEGRO BOY NAME FRANK IN HIS POSSESSION.

ITEM-- I GIVE AND BEQUEATH TO MY SON THOMAS WITHERS AND HIS HEIRS FOREVER A DIVIDEND OR PART OF MY LAND ON LICKING RUN IN PRINCE WILLIAM COUNTY, TO BE LAID OFF ACCORDING TO THE SURVEY MADE THEREOF BY JOHN ALLEN AND AT THE SAME TIME MARKED FROM RACCOON BRANCH TO THE BACK LINE OF THE MAIN PATENT AND ALSO THE FOLLOWING NEGROES: SAM, DENBON, FLORY AND HER LAST CHILD WILL AND SALL AND THEIR INCREASE.

ITEM-- I GIVE AND BEQUEATH TO MY SON KEENE WITHERS AND HIS HEIRS FOREVER A DIVIDEND OR PART OF MY LAND ON LICKING RUN IN THE SOUTH WEST PART OF THE SAID PATENT AND BOUNDED AS FOLLOWS, BEGINNING AT THE BEGINNING WHITE OAK OF THE SAID PATENT AND RUNNING NORTH ALONG THE LINE OF HIS BROTHER THOMAS ONE HUNDRED THIRTY EIGHT POLES THENCE NORTH FORTY SEVEN DEGREES WEST TILL IT INTERSECTS THE OUT LINES OF THE MAIN PATENT THENCE ALONG THE LINE OF THE SAID PATENT REVERSING THEM TO THE FIRST BEGINNING INCLUDING THE OLD MANOR PLANTATION AND ALSO THE FOLLOWING NEGROES NED, SAMSINE, NAN PHILLIS, ESTHER AND THEIR INCREASE AND A SET OF BLACKSMITH TOOLS AND A FEATHER BED AND FURNITURE AND IT IS MY WILL AND DESIRE THAT MY SON JOHN TAKE INTO HIS CARE MY SAID SON KEENE AND HIS ESTATE TILL HE ARRIVES TO THE AGE OF TWENTY ONE YEARS.

ITEM-- I GIVE AND BEQUEATH TO MY SON WILLIAM WITHERS AND HIS HEIRS FOREVER THE REMAINING PART OF MY LICKING RUN LAND NOT YET BEQUEATHED WITH THIS PROVISION THAT IF HENRY MAUZY IS OBLIGED TO REMOVE FROM WHERE HE NOW LIVES HE SHALL HAVE THE LIBERTY OF LIVING UPON THE MILL PLANTATION ON THE SAID LAND TILL HE HAS TIME TO CLEAR A PLANTATION ON THE SAID LAND ALREADY BEQUEATHED TO HIM AND ALSO THE FOLLOWING NEGROES PETER, JAMES, SARAH, MOWL, AND JACK AND THEIR INCREASE AND A FEATHER BED AND FURNITURE.

ITEM-- I GIVE AND BEQUEATH TO MY SON JOHN WITHERS AND HIS HEIRS FOREVER TWO HUNDRED AND FIFTY ACRES OF LAND WHEREON HE NOW LIVES BOUGHT OF HENRY FIELD AND ALSO TWO HUNDRED ACRES OF LAND BOUGHT OF WILLIAM WAUGH LYING ON THE SOUTH SIDE OF ROCKY RUN AND FIFTY ACRES WHICH I BOUGHT OF SNODAL HORTON AND ALSO THE FOLLOWING NEGROES TO WIT, HARRY AND A NEGRO BOY NAMED CAESAR.

ITEM-- I GIVE AND BEQUEATH TO MY SON-IN-LAW WILLIAM ALLEN AND BRIDGET HIS WIFE AND THEIR HEIRS FOREVER A TRACT OF LAND CONTAINING THREE HUNDRED AND SIXTY ACRES LYING ON THE NORTH SIDE OF POTOMAC RUM BOUGHT OF BRYANT YOUNG.

ITEM-- I GIVE AND BEQUEATH TO MY LOVING WIFE ELIZABETH DURING THE TIME OF HER NATURAL LIFE ONLY ALL THE HOUSEHOLD GOODS AND FURNITURE WHICH SHE BROUGHT FROM HER FATHER'S OF WHAT KIND SO EVER AND CATTLE WITH THE MILL ON POTOMAC RUN AND ALSO THE TRACT OF LAND ON WHICH I NOW LIVE LIKEWISE THE FOLLOWING NEGROES. TOM, DICK, PEG, DINAH, ROGER, BESS, JUGG, HANNAH, WINNIE, PRISS, AND DANIEL AND AFTER HER DECEASE THE SID NEGROES AND THEIR FUTURE INCREASE TO BE EQUALLY DIVIDED AMONG MY FIVE SONS SUCH OF THEM AS SHALL BE LIVING.

ITEM- I GIVE AND BEQUEATH TO MY SAID SON JAMES A NEGRO WOMAN, JENNY AND HER CHILD IN FULL SATISFACTION OF HIS PART OF THE NEGROES WHICH ARE TO BE DIVIDED AT HIS MOTHER'S DEATH.

ITEM-- I GIVE TO MY SON KEENE WITHERS A NEGRO GIRL NAMED SUE TO HIM AND HIS HEIRS FOREVER.

ITEM-- I GIVE TO MY DAUGHTER URSILLA THE WIFE OF JOHN ALLEN THE FOLLOWING NEGROES, LYDIA AND NAN NOW IN HER POSSESSION.

ITEM--I GIVE TO MY DAUGHTER ELIZABETH THE WIFE OF ABRAHAM FIELD TWENTY SHILLINGS TO BUY HER A RING.

ITEM-- I GIVE TO MY DAUGHTER MARTHA THE WIFE OF JAMES MCDANIEL TWENTY SHILLINGS TO BUY HER A RING.

ITEM-- ALL THE REST OF MY ESTATE MOVABLE AND IMMOVABLE I GIVE TO BE EQUALLY DIVIDED AMONG MY FIVE SONS IMMEDIATELY AFTER MY DECEASE.

ITEM--WHEREAS THERE IS AN ACTION DEPENDING IN THE GENERAL COURT BETWEEN EDWARD HERNDON AND ME ABOUT A NEGRO BOY MY INTENTION IS THAT IF I AM CAST IN THE SAID SUIT MY WIFE SHALL PAY THE MONEY DEBT AND I DESIRE THAT MY FIVE SONS SHALL EQUALLY PAY THE TOBACCO THAT SHALL BE DUE FOR THE COSTS AND CHARGES ATTENDING IT AND THAT IF ANY OF THEM SHALL FAIL TO PAY THEIR EQUAL PART THEREOF THEY SHALL FORFEIT THEIR LEGACIES ALREADY BEQUEATHED TO THEM TO THE OTHERS WILLING TO PERFORM IT.

ITEM-- THE REMAINING PAR OF THE LAND I BOUGHT OF RICE HOOE NOT YET BEQUEATHED I GIVE TO MY SONS WILLIAM AND KEENE TO BE EQUALLY DIVIDED BETWEEN THEM.

ITEM-- I GIVE TO EACH OF MY FIVE SONS TWENTY POUNDS CURRENT MONEY AND REMAINDER PART OF MY CASH, I GIVE TO MY WIFE TO PAY OF MY CASH DEBTS, THE MONEY TO HERNDON IF HE RECOVERS ANY AGAINST ME.

ITEM- I GIVE TO MY SAID WIFE DURING HER NATURAL LIFE ONE HUNDRED ACRES OF LAND LYING ON THE SOUTH SIDE OF POTOMAC RUN BOUGHT OF JOSEPH WAUGH WHERE MY QUARTERS NOW STAND AND AFTER HER DECEASE TO MY SAID JOHN AND HIS HEIRS FOREVER.

ITEM-- I DO APPOINT MY LOVING WIFE ELIZABETH AND MY SONS JOHN , THOMAS, AND WILLIAM, EXECUTRIX AND EXECUTORS OF THIS MY LAST WILL AND TESTAMENT REVOKING ALL FORMER WILLS BY ME HERETOFORE MADE DECLARING THIS ONLY TO BE MY LAST WILL AND TESTAMENT.

IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND SEAL THIS FIRST DAY OF JUNE 1746. SIGNED, SEALED, AND PUBLISHED ( THE WORD "FROM" IN THE FOURTH LINE FROM THE TOP ON THE SECOND SIDE UNDERLINED BEFORE SIGNING) IN PRESENCE OF ANDREW ROSS, CHARLES (X) HENSON, JOYCE (X) HENSON , JAMES (X) O'NEIL, H. TYLER.

AT A COURT HELD FOR STAFFORD COUNTY, JULY 8TH, 1746, THE WITHIN LAST WILL AND TESTAMENT OF JAMES WITHERS DECEASED, WAS PRESENTED INTO COURT BY ELIZABETH WITHERS, JOHN WITHERS, THOMAS WITHERS, AND WILLIAM WITHERS, EXECUTORS, THEREIN NAMED WHO MADE OATH THERETO ACCORDING TO LAW AND BEING PROVED BY THE OATHS OF ANDREW ROSS, JAMES O'NEILL, AND HENRY TAYLOR, THREE OF THE WITNESSES THERETO SUBSCRIBED IS ADMITTED TO RECORD AND ON ACTION OF THE EXECUTORS AND THEY PERFORMING WHAT IS USUAL IN SUCH CASES CERTIFICATE IS GRANTED THEM FOR OBTAINING THEREOF IN DUE FORM.

Descendants & Notes for James Withers

1. JAMES¹² WITHERS (WILLIAM¹¹, JOHN¹⁰, WILLIAM⁹, WILLIAM⁸ WYTHER, ROGER⁷, THOMAS⁶, THOMAS⁵, WILLIAM⁴, THOMAS³, REGINALD², ROBERT¹) was born 1680 in LANCASTER CO. ENG., and died 06 Jun 1746 in STAFFORD CO,VA. He married ELIZABETH KEENE in STAFFORD CO VA, daughter of MATTHEW KEENE and BRIDGET. She was born Abt. 1682 in VA, and died 26 Jul 1769 in VA.

Notes for JAMES WITHERS:

IN HIS WILL, HIS HOME CALLED "OLD MANOR PLANTATION" CAME DOWN TO HIS GRANDSON, BENJAMIN, SON OF JOHN, AS THIS FAMILY REMAINED FOR THE LONGEST TIME IN STAFFORD COUNTY ON THE OLD HOME PLACE. THIS LAND WAS ON A SMALL CREEK FALLING INTO POTOMAC CREEK. IN 1939, THE PLACE WAS OWNED BY CHARLES CHESLEY. AN OLD CEMETERY KNOWN AS THE WITHERS CEMETERY IS ON THIS FARM ON THE NORTH SIDE POTOMAC CREEK IN STAFFORD COUNTY. MR. CHESTLEY SAID THERE USED TO BE MANY STONES IN THIS FAMILY BURIAL GROUND, BUT IN LATER YEARS THESE DISAPPEARED. THERE IS NOW STANDING IN 1939 ONE STONE WITH THE NAME OF DILLARD, DATED 1820, AND AN OLD WITHERS STONE ERECTED TO THE MEMORY OF MILDRED WITHERS, BORN JANUARY 19, 1808, AND DIED MARCH 18, 1809. THE CHILD WAS THE NIECE OF BENJAMIN AND DAUGHTER OF GEORGE.

JAMES ALSO OWNED MUCH LAND IN FAUQUIER COUNTY, VA, ON LICKING RUN AND ON TIN POT RUN AND ONE HALF OF THE ORIGINAL TRACT OF 2900 ACRES KNOWN AS THE NORTH WALES TRACT. HE OWNED TWO MILES, ONE OF WHICH WAS ON POTOMAC RUN. HE LEFT MUCH LAND TO HIS SONS. TIN POT CREEK FELL TO HIS YOUNGEST SON KEENE, WHOSE FAMILY BECAME KNOWN AS THE TIN POT WITHERS FAMILY, TO DISTINGUISH THEM FROM THE THOMAS WITHERS FAMILY , WHO INHERITED THE LICKING RUN TRACT CALLED GREEN MEADOWS. THE HALF OF THE NORTH WALES TRACT WAS DIVIDED AMONG SEVERAL OF HIS CHILDREN. HIS SONS HELD THESE GIFTS FROM THEIR FATHER AND MADE THEIR HOMES, RAISED THEIR FAMILIES, AND BECAME BUILDERS OF THE BEAUTIFUL COUNTY FAUQUIER, NOTED FOR ITS FINE FAMILIES AND FOR THEIR INTEREST IN HORSES.

SOURCE; ANCESTRY OF ROBERT EDWIN WITHERS III, BY ROBERT EDWIN WITHERS, SR. OF PITTSBURG, PA. , 1947. THE DIETZ PRINTING CO., RICHMOND, VA. GENEALOGISTS: MRS. KATHERINE COX GOTTSCHALK, WASHINGTON,D.C., AND MRS. A. MAY OSLER, FREELANDS, FOXGROVE ROAD, BECKENHAM, KENT, ENGLAND.

More About JAMES WITHERS:

Fact 1: HAD THREE SETS OF TWINS

Fact 2: USED SOME NAMES OVER IF PREVIOUS CHILD HAD DIED

Notes for ELIZABETH KEENE:

ELIZABETH WAS THE ONLY SURVIVING CHILD OF MATTHEW AND BRIDGET KEENE OF STAFFORD COUNTY, VIRGINIA. THE DATE OF HER BIRTH IS NOT KNOWN FOR SURE. HER FATHER HAD BOUGHT LAND ON THE HEAD OF THE POTOMAC CREEK IN STAFFORD COUNTY ON NOVEMBER 14, 1672 AND DIED THERE IN 1731. JAMES AND ELIZABETH WITHERS' BIBLE, WHICH WAS PRINTED BY JOHN BASKET IN LONDON, ENGLAND, IN 1715, CONTAINS THE BIRTH DATES OF THE16 CHILDREN. IT IS STILL IN THE POSSESSION OF THEIR DIRECT DESCENDANTS, TIMOTHY WITHERS IN 1996, HAVING PASSED FROM THE YOUNGEST SON OF THE YOUNGEST SON AND ON DOWN IN LIKE MANNER FOR WELL OVER 200 YEARS.

ELIZABETH DIED IN STAFFORD COUNTY ON JULY 26, 1769. MANY YEARS AFTER HER DEATH THERE AROSE IN FAUQUIER COUNTY, VIRGINIA, A LAWSUIT OVER HER ESTATE, WHICH WAS NOT SETTLED UNTIL 1788. THIS SUIT GIVES THE NAMES OF THOSE OF HER CHILDREN WHO WERE STILL LIVING IN 1783 AND THE NAMES OF THE ISSUE OF THOSE WHO HAD DIED BEFORE THEM.

More About JAMES WITHERS and ELIZABETH KEENE:

Marriage: STAFFORD CO VA