Captain James Withers, Senior ^{1 2}

  Noted events in his life were:

• Will, 7 Jun 1746.

• Will Probated, 8 Jul 1746, Stafford Co, Virginia. Transcription of will of James Withers located in Stafford County VA Will Book M, pages 468-472 by Linda Sparks Starr is true to original EXCEPT that paragraphs were added for clarity.

In the name of God, Amen I James Withers of Stafford County Planter being sick of Body but of Sound Sence & Perfect memory thanks to Almighty God and Calling to Remembrance how frail all flesh is have thought fitt to make this my Last will & Testament in manner & form as follows.

I give and bequeath my Soul into the hands of Almighty God who gave it, hoping for forgiveness of all my Sins through the merits and mediation of Jesus Christ my Savior and Redeemer. My body I desire may be Decently buried at the Discretion of my Exors hereafter Named. After all my Lawfull Debts are honestly paid, What Temporal Estate it hath pleased God to bless me with I Desire may be Disposed of as fol-loweth:

IMPRIMIS I give to my Son James Withers & his heirs for Ever a Dividend or part of that Land which I bought of Rice Hooe Lying in Prince William County containing four hundred acres and bounded as follows beginning at the beginning tree of the said Patent and running ESE three hundred & Twenty poles thence NE one hundred & Eighty five poles thence North Sixty four Degrees West three hundred & Ninety Six poles to the west Line of the said Patent & from thence along the Line of the said Patent to the first beginning as also negro Robin now in his possession a Negro ...man Called Breechy & a feather bed & furniture.

ITEM I give & bequeath to my Son in Law Henry Mauzy & his wife Ann & their heirs for Ever another part of the said Land bought of Rice Hooe Containing Five hundred acres to begin where the Second Course of the said James's Ends to Run up the main line of the Patent so far as a Line acros the same may Include that Quantity as also a Negro man named George a featherbed and Furniture and four Cows & Calves & the half of the hoggs that he raises where he now lives.

ITEM I give and bequeath to my Son in Law Jas. Hudnall and his heirs for Ever two hundred acres of Land whereon he now Lives lying in the upper Part of that land which.....I bought of Rice Hooe bounded on the North Side by the Line wich Divides John Hooes Land and mine & on the South Side by a Parralel Line quite across the said Patent and a Negro boy named Frank in his Possession.

ITEM I give and bequeath to my Son Thomas Withers and his heirs for Ever a Dividend or part of my Land on licking run in Prince Wm County to be Laid off according to the Survey made thereof by John Allan and at the same time marked from Raccoon branch to the Back Line of the main Patent also the following.. Negros Sam, Denboro, Flory & her last Child Will & all of their Increase.

ITEM I give and bequeath to my Son Keene Withers & his heirs for Ever a Dividend or part of my Land on Licking Run in the Southwest Part of the said Patent & bounded As follows, Beginning at the beginning White oake of the Said Patent and running North along the Line of his Brother Thomas One hundred and thirty Eight Poles thence north forty Seven Degrees west till it Intersects the out Lines of the main Patent thence along the lines of the Said Patent Revening them to the first Beginning including the old mannor plantation as also the following Negroes Ned, Famine, Nan, Phillis Easter and their Increase and a set of Blacksmiths Tools & a featherbed & furniture and it is my will & Desire that my Son John take into his Care my said Son Keene and his Estate till he arrive to the age of Twenty-one years.

ITEM I give & bequeath to my Son William Withers & his heirs for Ever the remaining Part of my Licking run Land not yet bequeathed with this Proviso that if Henry Mauzy is obliged to remove from where he now Lives he shall have the Liberty of Living upon the mill plantation on the said Land til he has Time to Clear a plantation on the Land already bequeathed to him as also the following Negroes Peter James Sarah Moll & Jack & their Increase and a featerbed & furniture.

ITEM I give & bequeath to my Son John Withers and his heirs for Ever two hundred and fifty acres of Land whereon he now Lives bought of Henry Field as also two hundred acres of Land bought of William Waugh lying on the South Side of rocky run and fifty acres which I bought of Snodal Horton as also the following Negroes to wit Matt, Harry & a negro boy named Cesar.

ITEM I give and bequeath to my Son in Law William Allan & Bridgett his Wife and their heirs for Ever a Tract of Land Containing three hundred & Sixty-five acres Lying on the North Side of Potomack run bought of Bryant Young.

ITEM I give & bequeath to my Loving wife Elizabeth during the time of her natural Life only all the household goods & furniture which she brought from her father & what kind So ever of Cattle with the Mill on Potomack run as also the tract of Land on which I now Live & have the following Negroes Tom, Dick, Pegg,Dinah, Roger, Bess, Sugg, Hanah, Winny, Paige & Daniel and after her Decease the said Negroes and their future Increase to be Equally Divided Between my five Sons or such of them as shall be then Living.

ITEM I give & bequeath to my said Son James A negro woman Jenny and her Child in full Satisfaction of his part of the Negroes which are to be Divided at his Mother's Death.

ITEM I give to my Loving wife Elizabeth a Negro man Named Ben during her Natural Life and after her Decease to be Equally Divided between my four Sons John, Thomas, Wm & Keene.

ITEM I give to my said Son Keene a Negro girl Named Sue to him and his heirs for Ever.

ITEM I give to my Daughter Ursilla the wife of John Allen the two following negroes Lydia & Nan now in their possession.

ITEM I give to my Daughter Elizabeth the wife of Abraham Field Twenty Shillings to buy her a ring

ITEM I give to my Daughter Martha the wife of James McDaniel twenty Shillings to buy her a ring

ITEM All the rest of my Estate moveable & Immoveable I give to be Equally Divided among my five Sons immediately after my Decease.

ITEM whereas there is an action Depending in the General Court between Edward Herndon & me about a Negro my intention is that if I am Last in the said Suite my wife Shall Pay the money Debt and I desire that my said five Sons Shall Equally pay the Tobacco that shall be due for the costs & charges attending it and that if any of them shall fail to pay their Equal part thereof they shall forfeit their Legacies already Bequeathed them to the others willing to Perform it.

ITEM the remaining part of the Land bought of Rice Hooe not yet Bequeathed I give to my Sons William & Keene to be Equally Divided between them.

ITEM I give to Each of my five Sons twenty Pounds Current money & the remaining part of my Cash I Give to my Wife to pay of my Cash Debt the money to Herndon if he recovers any agst me

ITEM I give to my said wife During her Natural Life one hundred acres of Land Lying on the South Side of Potomack run bought of Joseph Waugh where my Quarter now Stands and after her Decease to my Said Son John and his heirs for Ever

ITEM I Do appoint my Loving wife Eliza. & my Sons John, Thomas & William Exercutrix & Exors of this my Last Will & Testament revoking all former wills by me here to fore made Declaring this only to be my Last will and Testament IN WITNESS whereof I have herewith to Set my hand & seal this 7th day of June 1746 James Withers

At a Court held for Stafford County July the 8th 1746 THE within Last will and Testament of Jas. Withers Dec'd was Presented into Court by Elizabeth Withers, John Withers, Thomas Withers, & Willm Withers Exors Therein named who made Oath thereto according to Law and Being Proved by the Oaths of Andrew Ross, Jas Oneal & Henry Tyler three of the witnesses thereto Subscribed is Admitted to record & on _____ of the said Exors they Preforming what is Usual in such Cases Certificate is granted them for Obtaining a Probate thereof in Due form. Teste Hy. Tyler Ct Clrk

James married Elizabeth Keene, daughter of Matthew Keene and Bridget. (Elizabeth Keene was born about 1682 in Virginia and died on 26 Jul 1769 in Stafford Co, Virginia ^{1 3}.)