Person:John Foushee (2)

Will of John Foushee

Will of John Foushee, written 1777, probated 1779

In the name of God amen. I John Foshee of the county of Culpeper and Parish of Saint Marks being weak in Body but of Sound mind and memory thanks be to God for the same do make and ordain this my Last Will and Testament in manner and form following. after having commended my soul to God who gave it and my Body to be Buried at the discretion of my Friends.

Item I will that all my Just debts and legacys be duly paid...

Item I will that my Tract of Land on which I now live of which I am possest in fee simple containing by Survey at several times and several parcels Five hundred and Eighty five acres, be taken into three parts or Divisions the the first middle and principal part to hold or contain three hundred and thirty five acres and on which my Buildings and Improvements chiefly are the second Division to begin at a corner bounded with Mr. Peter Gatewood on Cedar Run thence down the Run Sixty five poles to the Back line at such a place as shall Include or take into the Intended Division One hundred and Fifty acres bounded by said lines to the South East by Mr. Gatewood, Capt. Goodrich Lightfoot & the back line to the North and West. The third and last part of the Division Begin at a Corner bounding with John Wolfenburger thence up the Glade as far as it would take in or Include one hundred acres with Joining Mr. Charles Porters? (I believe it's "Porters" - there's a bit of an ink blot) or Mr. Nathaniel Saunders line.

Item I give or Lend unto my Faithfull wife Apphia Foshee during her Widowhood all that Middle or Principal Division of land as above Described being three hundred and thirty five acres with the house and household furniture of every Kind Gardens Orchards plantations fence and woods thereon containing together with six Negro Slaves, by name Tom, Dick, Harry fellows Beck Judy and Silk(?) and if my loving and Faithfull wife Apphia Foshee should Marry again, I will that then she should take her choice of Five negroes out of the six aforementioned and Fifty pounds Cash during her natural life & at the Death or Marriage of my wife then the middle division of land aforementioned being three hundred and thirty five acres goes to my son John Foshee then the remainder of the six negroes aforementioned was given or lent to my loving wife Apphia Foshee during her Widowhood be they more or less all and every one of them together with the Household furniture of every kind and Tools of every Kind with the stock which shall then be of every Kind cattle horses hogs Sheep to be Equally Settled and Divided amongst my several children which shall be then living or their Heirs Married or unnmarried without respect or difference to each alike the choice of a person or persons so to divide to lie in my Two Eldest sons which shall be then living...

Item I give to my son John Foshee and his Heirs one Negro man named Will and a Feather bed and Furniture

Item I give to my son Benjamin Foshee and his Heirs one hundred acres of land that he now lives upon being the third division aforementioned and a negro Giirl named Winney

Item I give to my son Thornton Foshee and his Heirs one hundred and Fifty acres of Land being the second Division aforementioned and a negro Girl named Alice and a Feather Bed and Furniture

Item I give to my son George Foshee and his Heirs Two Negroes Sam, a grown fellow and Morriss, a boy & a Feather bed & Furniture

Item I give to my son Charles Foshee & his Heirs Two Negroes Frank a grown Wench and Moses a boy & Twenty pounds Cash & a Feather bed & Furniture

Item I give to my son Joseph Foshee and his Heirs Two Negros James a boy and Milley a Girl & Thirty pounds Cash and a Feather bed & Furniture

Item I give to my son William Foshee & his Heirs Two Negroes Phill a boy and Diner a Girl and Thirty pounds Cash & a Feather bed & Furniture

Item I give to my son Elijah Foshee and his Heirs Two Negroes Bob a boy & Sally a Girl and Thirty pounds Cash & a Feather bed & Furniture

Item I give to my son Daniel Foshee & his Heirs Two Negroes Edmun a boy & Fanny a Girl and Thirty pounds Cash and a Feather bed & Furniture

Item I give to my daughter Nancy Tureman and her Heirs Two Negro Girls named Ginney & Caty and Thirty pounds Cash

Item I give to my daughter Jemimah Foshee and her Heirs Two Negro Girls named Rose and Rachel and Thirty pounds Cash and a Feather bed & Furniture

Item I give to my daughter Hannah Foshee & her Heirs Two Negroes Siller (?) a Girl and Isaiah a boy & Thirty pounds Cash & a Feather bed & Furniture

Item I give to my daughter Elisabeth Foshee and her Heirs one Negro Girl named Milley and Seventy pounds Cash & a Feather bed & Furniture

Item I will that the Orphans such as are in Manage together with their several parts be and remain under the care & Discretion of my wife Abphia Foshee & such their parts be given out at Age or Marriage

Item I will that such Estate in Land or negroes which shall by virtue of this my Last Will and Testament become the Lot or part of aney of my children return to and remain in the the hands of my said Wife in case or aney of then should happen to Depart this life Unmarried or in Manage within the lifetime of my said Wife and such Estate so returning to be considered as a part of and be Divided in the latter Division with the before mentioned

Item I will that Dower be and Remain Vested in my Wife Abphia Foshee according to her discretion to help if any of the Orphans happen to sustain loss of their or any of their certain part by death of their Negroes or other Accidents which she my said Wife shall be yet living & in that case she will or may confer on or give unto such a one so sustaining loss such Negroes or such Effects as she shall best Judge as convenient yet not so as to Surpass the prime valuation of such Orphan as sustaining loss

Item I will that if either of my three sons Joh Foshee Bejamin Goshee & Thornton Foshee should happen to Depart this life without Heir or Heirs living Truly begotten of their own Bodies that then their said Land be sold and Equally divided amongst my sevrla children then living or their Heirs

Lastly I nominate and appoint my Faithfull and loving wife Abphia Foshee and John Foshee and Benjamin Foshee & John Tureman Executrix and Executors of this my Last Will and Testament Disannuling and making void any former Will or other Instrument of like nature heretofore by me made and /done and this only approve and Allow to be my Last Will and Testament. In Witness whereof I have hereunto set my hand and affixed my seal this Fifteenth Day of April In the year of our Lord one Thousand seven hundred and seventy seven...

(signed) John Foshee (seal)

Teste: Luke Thornton, Peter Gatewood

At a Court held for Culpeper County the 21st Day of June 1779

This Last will and Testament of John Foshee dec d was exhibited at the Court by Abphia Foshee and John Foshee Two of the Executors therein named and was proved by the oaths fo the Witnesses thereto and ordered to be recorded, and on the motion of the said Executors Certificate is granted them for obtaining a probat thereof in due form they having made oath thereto and given bond & Security according to Law

Teste: John Jameson

Information on John Foushee

This John Foushee is thought to be the older (probably half) brother of Nathaniel Foushee, named in the following record in Culpeper County, Virginia records:

18 Jan. 1753, Will book A, page 69:

Nathaniel Foushee Orphan of John Foushee (the word "Contra" is just above this) By your share of yo(ur?) Fathers Estate in my hands 5 pounds + 10 (shillings?); Jan'y 18th 1753. At a Court held for the County of Culpeper on Thursday the 18th January 1753. This Account was this day returned into Court by John Foushee Guardian of Nathaniel Foushee Orphan of John Foushee dec'd. Which he Swore to, and being appoved of by the Court is ordered to be recorded, Teste Roger Dixon, Clk.

1. ↑ ^1.0 1.1 International Genealogical Index. ( The Church of Jesus Christ of Latter-day Saint, 1999-2008).