Will of Charles Chowning, Lancaster County, Virginia Proved 16 August 1771

The court records in John Rogers etc. Vs. Admrs. of Jane Rogers, Lancaster County, Virginia, Library of Virginia Chancery Court Records Index Number 1801-002, include the last will and testament of Chattin Chowning. The digital images can be found online at this link [1]

Charles Rogers's first wife was Margaret Chowning, daughter of Chattin Chowning. Margaret died before her father and mother, leaving one daughter, Jane Rogers. Upon Chattin's death his heirs and Charles Rogers argued over what would have been Margaret's share. It was finally decided that it would go to Jane, and Charles Rogers was given two young negro slaves. He traded them for a young man who he hired out.

Charles Rogers and Jane both died, and Jane's Chowning uncles were appointed administrators of her estate. They took the slave Dick, and Jane's Rogers step-siblings sued them to get Dick back as part of Charles Rogers's estate.

They won the case and the Chownings were ordered to return Dick and pay the value of his hire.

Will of Chattin Chowning

In the name of God amen I Chattin Chowning of the county of Lancaster being of sound and disposing memory, and calling to mind the uncertainty of this life do make and ordain this my last will and testament, vis annulling and revoking all wills by me heretofore made at the same time desiring my body may be decently buried in a Christian-like manner at the discretion of my Executor and as to my estate I give and bequeath it in the following manner, viz:

First I give to my beloved wife Elizabeth my bay colt, her saddle and bridle.

Secondly I give and bequeath to my son William that part of the tract of land whereon he now lives which lies below the marsh commonly called the Budges Marsh, bounded by the said Budge Marsh, Fowlers line, the back creek and Corotomon to him and his heirs forever.

Thirdly I give and bequeath to my son John the plantation where I now live and all the land above the said Budge Marsh to him and his heirs forever.

Fourthly I give to my son Thomas my negro wench Dinah and her future increase and also my negro boy Dick.

Fifthly I give my daughter Mary Dunaway ten pounds and my will is that she have no more of my estate.

Sixthly all the residue of my estate I lend to my wife Elizabeth during her widowhood, but should she marry then I desire that all except her third be equally divided among my sons William, John and Thomas, my daughters Margaret and Nancy, and grandson Chattwin, at such intermarriage and after her death, should she marry I desire my wife's third be divided in like manner among my sons William, John and Thomas, daughters Margaret and Nancy and grandson Chattwin and should she not marry then I desire the said residue at her death be equally divided among my sons William, John and Thomas, and daughters Margaret and Nancy and grandson Chattwin as aforesaid.

Lastly I constitute and appoint my beloved wife Elizabeth and my son William Executrix and executor of this my last will and testament. In witness hereof I have hereunto set my hand and affixed my seal this the eleventh day of December in the year of our Lord one thousand seven hundred and seventy.

Signed sealed and declared Chattin Chowning

In presence of us Thomas Fowler, Stockley Fowler, Nicholas Payne

I desire that the bequest to my son Thomas as to the boy Dick may be void, and my will is that the said boy Dick mentioned in the fourth clause of this my will may pass as my negroes each specifically devised and my will is further that my son Thomas have my negroe girl Sarah and I give the said Sarah and her future increase to my son Thomas, and I desire that there shall be decried and taken as part of my will. In witness whereof I have hereunto set my hand and seal. Signed sealed and delivered Chattin Chowning

in presence of Thomas Fowler, John Payne, Stockley Fowler

Will Proved

At a court held for Lancaster County the 16th day of August 1771–This will was proved in court by the oath of Stockley Fowler, one of the witnesses thereto and the codicil by the said Stockley Fowler and John Payne.

At another court held 17th day of May 1773 the same were fully proved by the oath of Thomas Fowler and ordered to be recorded.

Teste Thomas B. Griffin Cl. Court

Copy Teste Henry Fowler Cl.C.