Benjamin BORDEN
Will of Benjamin Borden 1753
Will Book # 2, page 1
In the Name of God Amen the 30th day of March in the year of our Lord 1753 I Benjamin Borden in the County of Augusta and Colony of Virginia gent. Being very sickly and weak in body but of perfect mind and memory thanks be given unto God therefore call unto mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last Will and Testament that is to say principally and first of all I give and recommend my Soul unto the hands of God that giveth it and for my body I recommend it to the Earth to be buried in a Christian like manner 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 a touching such worldly estate where with it hath pleased God to bless me in this life I give, devise and dispose of the same in the following manner and form. __?__ it is my will and I so order that in the first place all my just debts and funeral charges be paid and satisfied. Thence I give and bequeath unto my step son Samuel McDowell the sum of fifteen pounds. Item – I give & bequeath unto my step son James McDowell the sum of fifteen pounds. Item – I give and bequeath unto my daughter Sarah McDowell the sum of fifteen pounds. Item – I give and bequeath unto Magdalen my wife one third part of all my goods and Chattels and also one third part of all my estate in land which I _?_ and empower my executors to sell and also one Negro wench named Moll over and above and if said Negro wench have no children I order that my wife have the first Negro child __?__ may be born of any of the rest of my Negroes I give to my daughter. (sorry, I’ve got ink smudges, creases and besides that, I would like to choke the County Clerk who wrote this) Item – I give and bequeath to my daughter Martha one third part of all my goods & Chattel and lands that may be sold also I bequeath unto her and to hers forever one half of all my lands & the half of my Negroes __?__ before __?__ (Grrrrrr) that is not appointed to be sold by my executors. Item – I leave and bequeath unto my daughter Hannah also the other third part of all my goods & Chattels & land sold and the other half of my lands that is not to be sold to her & her heirs forever & the other half of my Negroes. And I do here __?__ and appoint John Lyle and Archibald Alexander together with my beloved wife Magdalen as executors and executrix of this my last Will & Testament. And do further empower this __?__ & __?__ to sell all lands yet remaining or sold of the Estate of my father Benjamin Borden deceased which I was empowered to sell by his last Will & testament both in Jersey and Virginia, particularly in Augusta County and to make sufficient conveyances to me by his for the same and so further empower this __?__ & __?__ to make a sufficient sale(?) or conveyances to any person or persons who has purchased land either from my father Benjamin Borden deceased or from my self and do further order the above executor and administrator to sell one track of land in Frederick County belonging to me of my own purpose estate left to me by my father Benjamin Borden deceased adjoining to be now in the possession of my brothers and I so further order my executors to put the Negroes left to my children to improve said land and livestock for the use of my daughters Martha and Hannah if a careful good hand can be found to oversee them. Lastly I bequeath to my brother Joseph Borden a bond given to me by said Joseph Borden to me for a certain sum of money due to me by him and so hereby discharge and acquit him of said sum and I do hereby disallow revoke and disannul all and every other former Judgments, wills, legacies & executors by me in any wise before this named wills & bequeaths qualifying and confirming this and no other to be my last Will & Testaments. In witness whereof I have hereunto set my hand and seal the day and year above mentioned.
Signed Sealed published and pronounced by this Benj Borden
As his last will and testament in the presence of
us the Witnesses; John Keys - Jacob Gray -Roger Keys.
signed; B. Borden
At a Court held for Augusta County the 21st day of November 1753 this last will and Testament of Benjamin Borden dec’d being presented into court was proved by the oaths of the witnesses thereto subscribed and ordered to be recorded and on the motion of Magdalen Borden widow and Archibald Alexander two of the executors therein named and John Lyle the other __?__ in open court refused to take upon himself the executor of this will. This Magdalen & Archibald having made oath according to law certificate is granted them for obtaining a probate thereof in due form they giving security on which this Magdalen & Archibald with __?__(Thomas) Paxton and Andrew Hays & John Lyle their security ordered into and acknowledged this bond according to law. END
Sadly, his daughter Hannah, who is mentioned in this Will, followed Benjamin in death just a few days after his demise.
BUFORD Families in America Book 2005
And my ALL-TIME favorite ~ TRIVIA
~~~Clouds by Torie~~~