Person:Henry Newby (5)

Will

DATE OF WILL, 14 OCT 1741, LANCASTER CO., VA. Will proved 12 Mar 1742 (DW 13, p 265)

In the name of God amen the fourteeth day of October in the year of our Lord God 1741 I HENRY NEWBY in the County of Lancaster being very sick & weak in body but of perfect mind and memory thanks be to Almighty God do make & ordain this my last will & testament that is to say principally & first of all I give and recommend my soul into the hands of God that gave it me and for my body I recommend to the earth to be buried in a Christian like & decent manner and as vouching such Worldly Estate wherewith it hath pleased God to bless me in the Life

I give and devise & dispose of the same in manner and form following Inprinis I give & bequeath to MARY my dearly beloved Wife one negro man named Guy to her and her heirs forever

Item I give and bequeath to my son HENRY NEWBY and to his heirs forever one negro man named Carly and if my son HENRY NEWBY should die without a lawful heir begotten of his own body that then the sd. negro man to fall to my youngest son WILLIAM NEWBY and to his heirs forever

Item I give and bequeath to my son OZWALD NEWBY and to his heirs forever one negro girl named Frank - and if my son OZWALD NEWBY should die without a lawful heir begotten of his own body that then the sd. negro girle shall fall to my son HENRY NEWBY and to his heirs forever

Item I give & bequeath to my son WHALEY NEWBY and to his heirs forever one negro woman named Jane and my will is that the first child that the sd. negro woman shall bring - shall fall to my Daughter SARAH NEWBY and her heirs forever My will and desire is that if my son WHALEY NEWBY should die without a lawful heir begotten of his own body that then the sd. negro woman shall fall to my son JAMES NEWBY and to his heirs forever

Item I give and bequeath to my son JAMES NEWBY one shilling sterling money and no other part or parcel of my Estate

Item I give and bequeath to my son WILLIAM NEWBY and to his heirs forever on negro boy named Tom and if my son WILLIAM NEWBY should die without a lawful heir begotten of his own body that then the sd. negro boy shall fall to my daughter HANNAH NEWBY and to her heirs forever

Item I give and bequeath to my Daughter HANNAH NEWBY and to her heirs forever one negro boy named Peter and if my Daughter HANNAH NEWBY should die without lawful heir of her own body that then the sd. negro boy shall faill to my Daughter SARAH NEWBY and to her heirs forever

Item I give and bequeath to my dearly beloved wife my best bed & furniture Item I give and bequeath to my son HENRY NEWBY the next best bed & furniture

Item my will and desire is that all the remaining part of my Estate shall be equally divided between MY WIFE & CHILDREN that is to say: HENRY NEWBY, OZWALD NEWBY, SARAH NEWBY, HANNAH NEWBY, WHALEY NEWBY and WILLIAM NEWBY

Item my will& desire is that all my negroes shall be kept upon the plantation and work together to help raise my children til my youngest son WILLIAM NEWBY arrive to the age of fifteen years except the negro man that I give to my son HENRY NEWBY and my will is that he shall stay & work with the rest to raise my children the terme of five years after my decease

I likewise constitute make and ordain my Dearly beloved WIFE MARY NEWBY and my SON HENRY NEWBY my whole and sole EX.rx and Ex.r of the is my last will & testament and

I do herby utterly disallow revoke & disannill all & every other former testaments wills & Legacies Bequests and Ex. rd by me in any way as before this time named willed and bequeathed ratifying & confirming this and no other to be my last will and testament. In Witness whereof I have hereunto set my hand and seal the day and first year written---- his Robert Mitchel Jun.r

Citation: wikitree.com

1. ↑ ^1.0 1.1 Wikitree.com.

   Henry Newby was born in Bidstone, Cheshire, England. The above birth date is actually his baptism date from the Bistone Parish records in Cheshire [2]
   
   Father was listed as Henry Newby. Baptisms at this time in England were often 2-3 months after a birth. His father was NOT the Henry Newby who came to Virginia in 1655, and his father was NOT the Henry Newby that came to America in the Thomas & John in 1835.
   
   His father, Henry I, never came to America. His father, Henry I evidently sent Henry II to America to have a better life since he couldn't raise his child alone without his deceased mother.
   
   Henry II was an indentured servant that came to VA from Liverpool, England abt 1696 and his master was George Heale, Esq, of Lancaster County, VA. His indenture was for 7 years and ended in 1704 [3] George Heale gave Henry land in the area of Deep Creek, adjacent to land of William Samon and Anthony Sydnor, in White Chapel Parish. Soon after his indenture ended in 1704 he married Mary Whaley (no marriage record found, and he is not to be confused with his son Henry III who also married a Mary).
   Issue
   
   Henry III, d 1764 Lancaster Co, VA
   Ozwald who d 1791 Lancaster Co, VA; md Sarah Ann Davis James who d 1791 Lancaster Co, VA; married Jane ___
   Sarah, who md William Brumley and died 1795 Lancaster Co,VA Hannah, who md William Bailey;died after 1785 VA
   Whaley, who md Elizabeth Thomson; d 1800, Allen County, KY William, md1st * Ann Miller in 1781, then married 2nd 1791
   Betty Hunton in Richmond Co, VA. William died 20 Mar 1815 Lancaster Co, VA.
   
   Whaley, son, was the only family member who left the county; first to Louisa/Amherst County, VA, area, then to Greene Co, TN, 1796, then to Warren County, KY, area in 1800, Middle Fork of Drake's Creek according to tax records....now Allen County, KY. [4]
   
   https://www.wikitree.com/wiki/Newby-287