Friday, September 17, 2010

Above will for Joseph Brown.

The will for Thomas Brown was originally posted online by Mandyg at a RootsWeb site and, to make it easier to understand, I corrected some of the spelling. Since I have a limited knowledge of the Chenoweth family I also changed the spelling of the name. My direct relative is Joseph Brown, son of Thomas and Ruth, who would have been about ten years old when his father died.

Will of Thomas Brown Sr.

In the name of God Amen I Thomas Brown Sen of the County of Frederick and colony of Virginia Yeoman being at present though weak of body yet of perfect mind and memory do make and ordain this my last will and testament in manner and form following that is to say first and principally I recommend my soul into the hands of almighty God who gave it hoping through the merits death and passion of Jesus Christ my Savior to obtain remission of all my sins and to inherit everlasting life and my body I do commit unto the earth to be decently buried at the descration of my executors hereafter named, and as touching the disposition of all such personal estate as it hath pleased almighty God to bestow upon me in this world I leave and bequeath as followth. First I will that all my just debts and funeral charges be paid and discharge

ITEM I give and bequeath unto my wife Ruth Brown sixty acres of present dwelling plantation or beginning at the Creek and from thence by a straight line including the dwelling house thence by the barn and taking in the field on the other side of the barn and part of the woodland ground on the south side of the said barn as also the use of part of the barn during the term of sixty years or during her natural life, lot which of the two be expired first.

ITEM I leave unto my said wife Ruth Brown the 3rd part of the orchard during the term aforesaid except in the Nursery shall be at the disposal of my said wife and sons Thomas, Samuel and Joseph for their own planting and the remainder to be disposed of by my executors of the benefit of maintenance of the widow and the rest of my children.

ITEM I leave and give and bequeath unto my said wife Ruth Brown a mare, Brt. and Saddle and two cows which she shall see cause to take, my best feather bed and furniture a large pot, 3 plates, 2 dishes, 1 new tankard, 2 porringers, 1 warming pan, 1 frying pan a pair of hand irons one broad iron, pot rack notched, 1 baking grid and 6 ewes as shall make her choice all at her disposal forever.

ITEM I give and bequeath unto my son Thomas Brown 200 acres of my present plantation lying and adjoining upon Simon Moon's survey and Thomas Thornburgh's survey and twenty shillings currency to him his heirs and assigns forever.

ITEM I give and bequeath unto my two sons Samuel Brown and Joseph Brown the whole remaining part of my present plantation to be equally divided betwixt them and that Samuel have the whole of the improvements at present or the said 800 acres to him their heirs and assigns forever.

ITEM I leave unto my said son Samuel Brown a sorrel mare called Trim, 1 horse colt, 1young cow 1 horse punch and plough irons and belonging to him his heirs and assigns forever.

ITEM It is my desire and will that my executors enter as soon as my be 200 acres and more if it can be had upon the place I bought and my son William did some time ago live for his proper use his heirs and assigns forever at the cost of my movables estate and it is my will that my son William shall have the said land, paying what cost my executors may be at in clearing the said land or otherwise that the same shall be sold for the benefit of my three sons Thomas, Samuel and Joseph.

ITEM I leave and bequeath unto my grandson Thomas McIntire a whitemare Jewel his heirs and assigns forever.

ITEM I give and bequeath to my daughter Deborah a mare called Roscoe that my daughter Frances have the colt and said mare is now with if it live otherwise the first she bringth that shall live to them their heirs and assigns forever.

ITEM I leave unto my daughter Ruth Brown a gray mare called Tibb and my will is that daughter Elisa shall have the colt that the said mare is now with to them their heirs and assigns forever.

ITEM I give unto my granddaughter Elizabeth and Sarah McIntire to each a heifer calf and increase forever.

ITEM it is my will that if Joseph my son should died before of age that my son William shall have 200 acres be equally divided betwixt the widow and the rest of the children.

ITEM It is my will that the executors shall take care of the younger children while single.

ITEM It is my will and pleasure that my son Thomas division for his 200 acres shall begin at a white oak and the east of the creek thence running southwest by a straight line to one black hickory adjoining the survey above mentioned.

ITEM It is my will that the division line betwixt my son Samuels part and Josephs shall run by a straight course cross the creek from East to West.

ITEM All the remainder of my estate both Real and personal I desire be sold and the money of the sale to be equally divided betwixt my four daughters Deborah, Frances, Ruth and Elizabeth and lastly I do hereby constitute order and appoint my kind and loving wife Ruth Brown, Thomas Brown and Samuel Brown my sons sole and joint executors of this my last will and testament hereby revoking making void all former wills, testaments, legacies or executors by one made given granted, appointed constitute or ordained, ratified, and conferring this only to be my last will and testament. In witness whereof I have hereunto set my hand and seal this 30 day Dec. in the year of our Lord 1749.

Thomas Brown

Signed sealed and acknowledged published and declared by Thomas Brown Sen. to be his last will and testament in presence of us.

Geo. Hobson, William Smith,
Hannah Hobson

at a court held for Frederick Co., on Tue. May 8, 1750.

This will of Thomas Brown Sen. dec'd. was proved in open court by the oaths of Geo. Hobson, Wm. Smith, and Hannah Hobson, the witness thereto and Ruth Brown, Thomas Brown and Samuel Brown the executors therein named having affirmed to the same according to Law it was admitted to record.

J. Wood

Know all men by these present that we Ruth, Brown, Thomas Brown, Samuel Brown, John Chenoweth, and Robert Cunningham are held and firmly bound unto Geo. Wm. Fairfax Esq. the first justice in the commission of the peace for Frederick Co. for and in behalf of the sale use and behalf of the Justices of the said county and their successors, in the sum of Five Hundred pounds current money. To be paid to the said Geo. Wm. Fairfax his exrs. and Adm. and assigns. To the which payment will and truly to be made we bind ourselves and every of us our and every of our Heirs exers. and adm. as jointly and severally firmly by these present.
Sealed with our seals dated this 8th day of My 1750.

The condition of this obligation is such that if the above bound Ruth Brown, Thomas and Samuel Brown, executors of the last will and testament of Thomas Brown deceased do make or cause to made a true and perfect inventory of all and singular and good chattels and credits its of the said deceased which have or shall come to the hands possession or knowledge of the said Ruth Thomas or Samuel or into the hand of possession of any other person or persons for these and the same so made do exhibit into the county court of Frederick at such time or they shall be thereunto required by the said county and the same goods chattels or credits and all other the goods chattels and credits of the said deceased which at any time after shall come to the hands possession or knowledge of the said Ruth, Thomas or Samuel or unto the hand and possession of any other person or persons for them. Do well and truly administer according to law and further do make a true and just account of their acting and doing therein when thereto required by the said court and also well and truly pay and deliver all the legacies contained and specified in the said testament as far as the said goods, chattels and credits will there unto extend and the law shall charge them this altogether to be void and of none effect or remaining in final force and virtue, sealed and declared in presence of court.

Ruth Brown
Thomas Brown
Samuel Brown
John Chenoweth
Robert Cunningham

At Court held in Frederick Co. on Tue. the 8 day of Mar 1750 Ruth Brown, Thomas Brown and Samuel Brown executors of Thomas Brown Sr., deceased together with Jno. Chenoweth and Robert Cunningham their securities acknowledge this their bond for the said Ruth, Thomas and Samuel Brown their true and faithful administration of the said deceased estate which was admitted to record.

For those of you who missed the link to the application National Register of Historic Places.

2nd link to photograph of Brown house will not copy. If you want link, contact me.

Joseph Brown was the son of Thomas and Ruth. Joseph and Ann Jones Morgan Brown were the parents of Ruth Brown who married John Mendenhall who was the 2nd great grandfather of Ida Jane Mendenhall


  1. It seems to me that wills, back in those days were made out just before ones death! I wonder was it common place to be on ones deathbed before having a will and testament done?

  2. It does seem that is the case in our family. Maybe they were just making a new will when they got sick....I'm not sure. Or maybe they were just busy splitting wood and chasing bears.