Person:Nicholas Haynes (2)

In the name of Amen, the 15th day of October 1796, I, Nicholas Haynes of Botetourt County and state of Virginia being very sick and weak in body but of perfect mind and memory, thanks be to God there for. Calling to mind the mortality of my body and knowing it is appointed for all men once to die do make and ordain this my last will and testament that is to say first and principally I give and commend my soul into the hands of Almighty God that give it and my body I recommend to the earth to be buried in decent Christian Burial at the discretion of my executors nothing doubting but at the general resurrection, I shall receive the same again by the mighty power of God and as to such worldly estate wherewith it has pleased God to bless me in this life I give, devise and dispose of the land in the following manner and form.

After my decease I do order my Executors and administrators to make sale of all my personal estate and to pay all my just and lawful debts and funeral expenses. It is my will that my wife, Elizabeth Haynes, have one third part of all my personal estate and the remainder to be equally divided among my sons and daughters.

Likewise it is my will that my wife Elizabeth shall have one bed, one cow, one negro winch which was purchased from Jacob Carper exclusive of her third; also my wife shall have the plantation where I now live until my youngest son, Isaac shall arrive to the age of twenty one years and for that purpose she, my wife, shall give my son Isaac Haynes schooling, Boarding, clothing, washing and lodging and whatever he shall stand in need of, for said time then my executors or administrators shall make sale of all my and land and my son Isaac shall receive one horse, worth twenty pounds current money, exclusive of his share and my wife Elizabeth to have her third and the remainder part is to be equally divided between my sons and daughters excepting daughter Margaret Meffert and my daughter Catherine Crider.

Their share shall be put on interest so that they may receive the yearly interest thereof only during their husbands life time; but if it should be the case that any of their husbands should die, they shall be entitled to receive their respective shares both principal and interest or in case of their own decease their children shall receive their mother's parts among them but it is my will that if my daughter Margaret and Catherine's husbands should reform their lives and do better and my administrators think proper they are to pay them their share.

I nominate and appoint my two sons Christopher Haynes and Jacob Haynes, sole executors of this my last will and testament all and singular my lands, messages, and testaments; and do hereby disallow, revoke and make void all forms or other wills made by me and do ratify and confirm this my last will and testament.

In witness whereof I have hereunto set my hand and seal the day and year first above written.

(Signed) Nicholas Haynes

Signed with his mark (NH) signed, sealed in the presence of:

Thomas Wilson

George Etseler

Mark Begler at Botetourt Law Court, 1797. This instrument of writing purporting to be the last will and testament of Nicholas Hanes dec'd was exhibited in court and proved by the oath of George Etseler and Mark Bigler, two of the witnesses thereto subscribed and on motion of Jacob Hanes one of the executors therein named, it is ordered and recorded.

A Copy Teste:

H. G. Boyer, CCC

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