WILL OF JOHN FERGUSON, SR.

Russell County, Virginia
Will Book 7, Pages 287 - 289
Executed 06 Jan 1863

I, John Ferguson Snr. of Russell County, Virginia, being of sound mind and memory do make and publish my last Will and Testament in manner and form following that is to say:

First, I desire that all my just debts and personal expenses shall be paid as soon after my decease as may be out of any money or means on hand at my decease.

Second, I give to my wife, Mary, if she survives me, the tract of land on which I now reside, consisting of a tract of two hundred and four acres, known as the Sewel Plantation and one tract of one hundred acres, which I also bought of Benjamin Sewel, both of these tracts constitute what I mean by the tract on which I now live which I give to my wife. I also give to my wife six of her choice of my slaves, and or two of her choice of my horses and one half of my stock of cattle hogs and sheep and all of my house hold and the kitchen furniture, and all my farming tools, including my wagons, geering and blacksmith tools, and one third of all the money which I may have on hand at my decease, and of all the money which may be in anywise owing at my decease, all of the above to be at her entire disposal if she survives me.

Third, to my daughter Mary Elizabeth who married William J. Haden and who has since deceased: I give in her lifetime three negroes, and some property, which I intend as in full her share and that of her children in my estate and I give them nothing more in any way.

Fourthly, to my daughter Rebecca Jane Harris, the wife of Thomas Harris, I give the use for her life of the tract of land I bought of Emanuel Tignor and also the use for her life, of a negro girl Martha, which she now has in her possession, with her increase, and at her death, I give the same to her children, now born or which may be hereafter born, to be equally divided between them.

Fifthly, to my daughter Margaret S. Ferguson, I give a negro woman named Susanna and her two children, Wilson and Robert and the further increase of said negro woman. I also give her a note on Henry D. Smith, for eight hundred and eighty two dollars and 29 cents, due the 5th day of August 1859 (1869?) which I have this day assigned to her, handed over to her.

The above bequest I have made for the purpose of making my children, to wit, Andrew C. Ferguson, Ann Eliza Tool, Margaret S. Ferguson, John C. Ferguson, James H. Ferguson, Anthony M. Ferguson, Stephen M. Ferguson, Rebecca Jane Harris, Granville H. Ferguson and Benjamin H. Ferguson all equal in what they have received of my estate, and I desire them to be considered as having with what I have above disposed of to some of them received equal portions of my estate without further account being taken among them.

Sixthly, I give the whole residue of my estate not therein disposed of, to my children which are part above named to be equally divided between them, and also if I should survive my wife, Mary, in that case, I give all that I have herein given her to the same children last above named to be equally divided between them, but whatever portion may in said division fall to my daughter Rebecca Jane Harris, I desire my executor, herein after named to convert into money and keep it on interest, and annually pay the interest to my daughter Rebecca Jane Harris during her life, and at her death I give the same to her children to be equally divided between them.

Lastly, I hereby appoint my two sons, John C. Ferguson and Anthony M. Ferguson excutors of this my last will and testament hereby revoking all other wills by me heretofore at any time made.

Given under my hand and seal this 16th day of February in the year 1860.

John Ferguson (Seal)

The foregoing instrument was signed sealed and acknowledged by John Ferguson in our presence at his request and in his presence and in the presence of each other subscribed that same as witnesses.

Thomas C. M. Alderman
William B. Aston

At a court held for Russell County at the courthouse on the 6th of January, 1863, the last will and testament of John Ferguson, deceased, was produced in court and proved by the oath of Thomas C. M. Alderman and William B. Aston, the two subscribing witnesses thereto and ordered to be recorded, and on the motion of John C. Ferguson and Anthony M. Ferguson the executors therein named who took the oath of an executor prescribed by law, and entered into and acknowledged their bond in the sum of sixty thousand dollars with Robert Boyd, Vincent Browning, Albert G. Smith and Aaron L. Hendricks as their securities conditioned as the law directs, a certificate is therefore granted them for obtaining probate of the said will in due form.

A Copy
Teste
G. B. Cowans C. C.


This file contributed by: Michael A. Dye

I recently received the following documents from R. L. Earls. The copy of the will that follows differs somewhat from the one that is on file at the courthouse.

{The following handwritten document was found in the bottom of an old wooden cigar box along with a few other documents that were obtained at the Estate Auction of the Ferguson Farm of Belfast Mills, Virginia in 1998. It is a letter written to Mr. Bolling Ferguson of Belfast Community, Virginia from Mrs. S. P. Campbell of Lebanon, Virginia and is post marked August 8, 1956.}

Lebanon, Va.
Aug. 8 1956

Dear Bolling,
I am enclosing the copy Will you wanted. If you happen to visit cousin Sallie you mention the Church we were talking of for our meeting. I will do the same. Uncle Anthony built that church. So we can get the history of the church early.

Resp.
Mrs. S. P. Campbell

{Next is a small piece of type written paper}

MARY AND JOHN FERGUSON'S FAMILY

Anthony Ferguson
Andy Ferguson
Campbell Ferguson
Stephen Ferguson
Granville Ferguson
Benjamin Ferguson
Mrs. Rebecca Jane Harris
Mrs. Lizza Hayden
Mrs. Eliza Toole
Mrs. Margaret Ferguson

{Next, we have a copy of the Will of John Ferguson.}

I, John Ferguson, Snr., of Russell County, Virginia being of sound mind and memory, do make and publish my last will and testament in manner and form following, that is to say;

First I desire that all my just debts and funeral expenses shall be paid as soon after my decease as may be, out of any money or means on hand at my decease.

Second, I give to my wife Mary, if she survives me, the tract of land on which I now reside, consisting of a tract of two hundred acres, which is known as the Sewell Plantation and one tract for one hundred acres, which is also bought from Benjamin Sewell. Both of these tracts constitute what I mean by the tract on which I now live which I give to my wife. I also give to my wife one of her choice of my slaves, and two of her choice of my horses, one half of my stock of cattle, hogs and sheep, and all of my household and kitchen furniture, and all my farming tools, including all my wagons, gearing and blacksmith tools and one third part of all the money which may be on hand or in any wise owing to me at my decease. All the above is to be at her entire disposal if she survives me.

Third, to my daughter Mary Elizabeth, who married William Madonce and who is since deceased, I give to her in her time three negroes and some other property, which I entend as in full of her share, and that of her children and I give them nothing more in any way.

Fourthly, to my daughter Rebecca Jane Harris, the wife of Thomas Harris, I give the use, for her life time the tract of land I bought from Emmanuel Tignor, and also the use for her lifetime of a negro girl, Martha, which she now has possession, with her increase and at her death I give the same to her children now born or which may be hereinafter born to be equally divided among them.

Fifthly, to my daughter, Margaret Ferguson, I give a negro woman (Susanne) and her two children Wilson and Robert, and the further increase of the said negro woman. I also give to her a note on Henry D. Smith, for the sum of eight hundred eighty two dollars and twenty nine cents ($882.29), due the 5th day of August, 1859, which I have this day signed and handed over to her. The above bequest I have made for the purpose of making my children to wit, Andrew C. Ferguson, Anne Elizabeth, Margaret S., and John C. Ferguson, Rebecca Jane Harris, Granville H. Ferguson, Stephen M., and Benjamin A. Ferguson all equal in what they receive of my estate, and I desire that they shall consider that they have received equal portions of my estate without any further account being taken among them.

Sixthly, I give the residue of my estate not herein mentioned to my children which are last named to be divided between them. And if I should survive my wife, Mary Ferguson, in that case I give all that I have herein given her to the same children last above named to be equally divided between them, but whatever portion may in said division go to my daughter Rebecca Jane Harris, I desire my executors, here in after named to convert into money and keep in on interest and annually pay the interest there of to my daughter Rebecca Jane Harris during her lifetime and at her decease I give the same to her children to be equally divided among them.

Lastly, I hereby appoint my two sons, John C. Ferguson and Anthony M. Ferguson executors of my will and testament hereby revoking all other wills by me heretofore made at any previous time.

Given under my hand and seal this, the 16th day of February, in the year 1860.

John Ferguson

The forgoing instrument was signed, sealed and acknowledged by John Ferguson in our presence at his request and in his presence, and in the presence of each other subscribed as witnesses.
Thomas C. M. Anderson
William B. Aston

At a Court held for Russell County on the 6th day of Jan. 1863.

The last will and testament of John Ferguson, deceased, we produced in the court and proved by the oath of Thomas C. M. Anderson and William B. Aston the two subscribing witnesses thereto and ordered to be recorded, and on the motion of John C. Ferguson and Anthony M. Ferguson, the executors therein named who took the oath of an executor prescribed, and entered into and acknowledged their bond in the sum of sixty thousand dollars worth, with Robert Boyd, Vincent Browning, and Albert G. Smith, and Aaron Hendrick as their sureties conditioned as the law requires a certificate is therefore granted them for obtaining probate of the said will in due form.

A Copy:
teste; G. R. Cowan c. c.
A Copy:
teste; William Combs, deputy clerk.
will book no. 7, page 287.

{Handwritten at the bottom of the second page is the following:}

John and Mary Ferguson's family
Anthony ("Squire" Anthony)
Andrew (Maj. Andrew)
John Campbell
Stephen / Medical doctor Pikeville, Ky.
Granville (Scott County, Va.)
Benjamin (Washington County, Va.)
Rebecca Jane (m. Thomas Harris)
Mrs. "Lizza" Hayden
Mrs. Eliza Toole
Mrs. Margaret Ferguson (probably married a Ferguson)



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