Person:James Gwin (3)

Will Transcript

Will: 21 Feb 1835, Augusta Co, Virginia. Augusta co VA will book 20, p.341

In the name of God amen. I James Gwin of Augusta County and state of Virginia, being at present far advanced in years and caling [sic] to mind the shortness & uncertainty of life and being at present of a sound and disposing mind & memory, do make and constitute this my last will and testament in the following manner.

1st. I direct that there be no appraisement or sale of my property personal or real whatever, but that it be divided as hereafter directed.

2n. I leave and bequeath to my daughter Jane Kinkaid, wife of James Kinkaid, my bay filley and my own bed and the furniture thereto.

3rd. I leave to my two youngest children the house in which I now live together with their living on the place so long as the live a single life if the [sic] choose to accept it. I also leave and bequeath to my said daughters (with the exception of my bed above mentioned), Marth [sic] and Julia, all my household and kitchen furniture, my flock of sheep, and my part of the wheat crop now in the ground to be equally divided by and between themselves.

4th. I leave and bequeath to my daughter Martha my gray mare, my spotted cow and calf, and five dollars to be paid her as hereafter directed.

5th. I leave to my daughter Julia my bay horse, my red cow, and five dollars to be paid her in money as hereafter directed.

6th. I leave and bequeath to my son Washington all my plantation on which I now live, containing by deed and estimation one hundred and ninety two acres of land being the same more or less. On condition however that he pay or cause to be paid all my just and lawfull debts and give to my two youngest daughters the sum of five dollars each and also admits the said Martha and Julia the free and uninterupted use of the house I now live in together with their living on the place during their single life. I further request that he keep their two horses and two cows and for which he shall have the use of the same on the farm when needed. It is also my direction and wish that my son shall after my deceas come and live in my house with his two single sisters and get a free and full possession of the one half of my plantation to support his two sisters on during the time they remain single, but in case one of them gets married or should leave the place, I direct that the other goes and live in the house with Washington in order that the place may be left to him free of all incumberance except the support of his single sister as heretofore named. I also leave to him my rifle gun which I wish him to keep during life as a memmorial of me, and also my plow gear & utensials I now possess on the farm, he also is to have the half of the wheat in the ground.

7th. I leave and bequeath to my grand son Logan Gwin one good clever[?] horse and saddle to be paid him by my son Washington when he arrives at the age of twenty one years.

8th. And lastly I will and bequeath to my son John my three spotted steers as a compensation for setling this my estate. I also appoint the said John Gwin sole executor of this my last will and testament, hereby revoking all other wills and testaments by me made, and declare this alone to be my last will and testament. In witness whereof I hereunto set my hand and affix my seal this 21st day of February and in the year of our Lord 1835.

Signed, sealed and delivered.

(Signed) James Gwin

In the presence of

Jacob Beck

Morgan Kincaid

David Gwin

W. Clayton

Probate: May 1835, Augusta Co, Virginia. Augusta County Court, May Term 1835

The last will and testament of James Gwinn deceased was presented in court and proved by the oaths of Jacob Beck and David Gwinn, two of the subscribing witnesses thereto, and ordered to be recorded and John Gwinn the executor therein named appeared in court and refused to take upon himself the burthen of the execution of the said will and on the motion of Washington Gwin, who made oath thereto according to law and with Jacob Beck his security, entered into and acknowledged bond in the penalty of Two Thousand Dollars conditioned as the law directs which is ordered to be recorded. Certificate is granted the said Washington Gwinn for obtaining letters of administration with the will annexed in due form on the estate of the said James Gwinn deceased.

Teste, Jefferson Kinney, C.A.C.

page 493

25 May 1835, Bond of Washington Gwinn & Jacob Beck, $2,000, for Washington to be executor of the will annexed of James Gwinn dec'd.

1. ↑ ^1.0 1.1 .

   17. James GWIN (Joseph3, Robert2, (Male)1) was born est 1765-1774 in Virginia and died from Feb 1835 to May 1835 in Augusta Co, Virginia about age 69.
   
   
   Notes: Possible marriage: Augusta co, 13 Jan 1792, James Gwin & Jane Hicklin, d/o John Hicklin, returned 24 Jan 1792 by John Montgomery. [Vogt & Kethley] and [Chalkley vol 2, p.355].
   --Cindy Hartman says the James who md. Jane Hicklin lived later in Rockingham and is probably a son of Patrick & Jean Guinn. I wonder though, as the marriage date is about right, and the Montgomerys were neighbors of these Gwins. There is an 1820 John Hicklin will in Bath co listing dau. Jane "Givin" (transcript) and giving James "Givin" all his "wearing clothes". Other children listed: son in law John Steuart, sons William, Thomas, daughters Sally Montgomery, Margaret Miller, Hannah Steuart, Mary Tacket, Elizabeth McCorkle, and the children of Martha Corbit dec'd, James and George Hicklin (possibly sons?), Rachel Wilson "Martha's eldest", bedding to James Steuart.
   To me, this suggests that James and Jane Givin/Gwin were still in Augusta co in 1820, long after Cindy's James Guin moved to TN.
   
   http://www.riverduck.com/genealogy/gwin/D1.htm