Will proved Oct 27, 1828
Will Book C: 465-7, Nelson Co.
In the name of God Amen I Achilles Baber of Co. of Nelson, State of Virginia being sick and weak in body, but of sound and disposing mind, memory and understanding that it is appointed for all men once to die, calling to mind the certainty of death & considering the uncertainty of the time thereof, being desirous to settle all my worldly affairs in a proper manner before I leave this world, do therefore make and publish this my last will and testament in manner and form following, that is to say -
First and principally I commit my soul into the hands of the Almighty God who gave it, and my body to the earth to be buried in a decent Christian manner, at the discretion of my Executrix, and as to such worldly effects to property as I own or possess, I do hereby devise and dispose of the same in the manner hereinafter mentioned that is to say-
Item 1 It is my will and desire and I especially direct that all my just debts are to be paid out of my Estate, to wit such part of my perishable property as my Executrix may deem most proper to that purpose.
Item 2 Whereas I have lived with Anna Church for more than twenty five years last past, and have admitted her to reside & dwell with me during that time as a wife and to assume my name, and have held her forth to the world as my wife, and do now own and recognize her as such by these presents considering that the contract, or agreement entered into between us, relative thereto, is binding in conscience, and the connection thereby formed valid under existing circumstances- It being my fee will and pleasure to provide for her, by this my last will and testament and whereas the said Anna Church has had nine children whilst living with me, all of whim I do now own and recognize as my children- having always done so, and permitted them to assume my name, and held them forth to the world as such. It also being my free will and pleasure to provide for them in my last will and testament.
Item 3 I lend unto the said Anna Church, during her natural life, or until she marries, my tract of land, on which I now reside, together with all my farming tools and utensils of every description, and at her death or marriage, it is my will and desire, and I especially direct, that my said Plantation & its appurtenances, with the tools and utensils aforesaid, be equally divided among the children of the said Anna, that are now unmarried, to wit Maria, Elvira, Thomas, William, Eliza-Ann, and Greenbury all who now reside with me, and have assumed my name - and are known in the neighborhood by that name. All devised to the said children and their heirs forever, but not to be possessed by them until the death of their mother, or until she marries, it being my intention that as soon as she married, she is no longer to enjoy what I have loaned to her.
Item 4 I lend to Anna Church all my stock of every description, (to wit, horses, cattle, hogs, etc) and at her death or marriage it is my wish that the said stock be equally divided amongst the aforesaid six children, except what the family may consume, such as hogs, etc.
Item 5 I lent to Anna Church all my household and kitchen furniture of every description, and all other of my property not herein mentioned. At her marriage or death the said furniture and other property to be equally divided amongst the aforesaid six children, except what the family consumes, as present crops, etc.
Item 6 I give unto my daughter, Patsy Critzer, wife of John Critzer, whatever property I have already given her since her marriage and direct that she shall have no more of my Estate than I have already advanced to her.
Item 7 I give unto Sally Critzer, wife of George Critzer, Elizabeth Quick, wife of Thomas Quick and Nancy Rodes, wife of Jno C. Rodes whatever I have already advanced to them, which is all I intend them to have of my Estate. And whereas Lydia Baber, the woman to whom I was once married, having more than 25 years ago left my bed and board, separated herself from me and also lived in adultery with other men I hereby renounce, as l have long since done I hereby disclaim & deny all obligation on my part, whether moral or legal, to make any provision for her and considering that neither laws of God or man would sanction any claim which she might set up to my Estate or aid her in its recovery - It is therefore my will and desire that she should have no part of my Estate in any manner whatever and that her children shall have no part in my Estate. And lastly I do hereby constitute & appoint the said Anna Church Executrix to this my last will and testament. In witness thereof I have hereunto set my hand & affixed my seal, this 21st day of September 1828. Wit John B. Spiece, Reuben H. Martin, Zenus Baber.
At Nelson Court the 27th day of Oct 1828 this instrument purporting to be the lw&t of Achilles Baber, decd was produced and proved by the oaths of Reuben H. Martin & Zenus Baber, two subscribing witnesses, and ordered to be recorded. And on motion of Anna Church, Executrix, who appeared in Court & made oath together with John M. Smith, John B. Spiece and Abraham Shaver, her securities, having entered into & acknd a bond in the penalty of $600 conditioned as the law directs, certificate is granted her of probate of sd Will in due form. Teste SP Garland (WBC:465-7)
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