Henry Awbrey’s Will
Henry Awbrey was Burgess of the County Court of old Rappahannock County and was a trustee in the formation of the portion of New Plymouth in 1682 (see the later chapter on Bacon's Rebellion), which became Tappahannock. For the last two years of his life he was also Sheriff, perhaps an honorary position in view of his age. He received many grants of land for the transportation of persons to the colonies. One of these was for 1050 acres on the south side of Hoskins Creek in 1664, just upstream from the 450 acres granted to Thomas Meador, orphan. This site became Awbrey's home plantation . Other grants were for 480 acres in 1669 , and for 5100 acres in 1679 , lying between Hoskins Creek, Piscattaway Creek, and the Mattaponi River; for 189 acres on Occupacia Creek in 1684 , and for 1200 acres on the north side of Hoskins Creek in 1688.
The number of children of Henry Awbrey is not completely clear. Some researchers have maintained that there were sons named John and Francis; instead, these appear to have been sons of his brother, John Awbrey. It should be noted that in two deeds in 1690 , Henry named Richard Awbrey as his "only son and heir apparent". In one of these deeds he gave Richard 500 acres from the 1050 acre grant on the south side of Hoskins Creek, which portion adjoined the lands of John Meador. When Henry Awbrey made his will in 169412 , he named as heirs only his wife Mary and his son Richard.
"In the name of God, Amen. I, Henry Awbrey of ye County of Essex in Virginia. Gentlemen, being sick and weake in body but sound and perfect memory, and calling to mind the uncertainty of this Transitory life, and that all flesh must yield unto death when it shall please God to call, doe make, Constitute, and ordain this my Last Will and Testament in manner forme following.
"First, I give and bequeath my Soule to God that gave it, in sure and Certaine hope of a joyful resurrection at the last dy, and my body to the Earth from whence it came, to be decently interred after my decease and for what Tangible Estate it hath pleased God to bestow upon me, I give and bequeath as followeth:
"..give and bequeath unto my loveing Wife Mary Awbrey the Plantation whereon I now live with all the Orchards, buildings, improvements, and all the land belonging to it. She not clearing nor tending any ground beyond the Church Road which now is during her natuall life, and after her decease I give and bequeath the said lands with all improvements whatsoever unto my loveing Son Richard Awbrey and his heirs foe Ever. Item, I give and bequeath unto my son Richard Awbrey seven hundred Acres of land more, Scituate on Hodgkin's Creeke, being part of that dividend of Land whereon he now liveth and to the heirs of his body lawfully begotten for Ever, my wife not to Claime any thirds of the Same.
Item, I give unto Francis Awbrey, the youngest Son of my Brother Jon. Awbrey, dec'd, two hundred acres of Land being a part of a tract of four hundred Acres of Land Scituate as aforesaid purchased by me of Coll. Hill and to his heirs for Ever. Item, ye other two hundred acres of Land Scituate as aforesaid I give and bequeath unto Katherine Long, Daughter of Alice Long (att Sheppey?) dec'd, to her and her heirs for Ever.
Item, I give and bequeath unto my son Richard Awbrey on negro man called Sam, one negro woman called Kate, one negro boy called Robin, one negro boy called Nero, one Negro boy called Zobey, to him and the heirs lawfully begotten of his body for Ever. Item, I will and bequeath unto my Loveing Wife Mary Awbrey five Negros called by the names of Price, Nanny, Will, Joons (?), and Jamy, likewise I give and bequeath to my wife one Silver Tankard and three horses Calld by the names of Thourogood, Smoakes, and Mush, with ye Cart and wheeles, and harness belonging to the Same, likewise I will and bequeath to my wife one halfe of all my Cattle in quantity and quality.
Item, I give to my wife one Servt. Woman called Martha. Item, I give unto my Son Richard one Servt. called Miles Dixon. Item, I will and bequeath unto my wife all my Stock of hoggs, She paying after my decease unto my Sonn Richard Awbrey three barrows or Splayed Sows yearly for four years, together to be all of ye age of three years old or more.
Item, I will unto my wife one half of my sheep in quality to quality. Item, I will and bequeath the other halfe in quantity and quality to my Son Richard Awbrey and to have privilege to let them remaine here for three years. Item, ye one half of my Cattle not yet bequeathed I give to him and his heirs for (Ever), likewise I will and bequeath unto my Son my black Gelding cald Nego, with two Saddles, two bridles, pistolle, holsters, and all other furniture thereunto belonging. Item, I will likewise unto my Son my pendulum watch, all my wearing Clothes both linen and wooling, all my french gold wearing Shooes, Stockings of all Sorts, and hatts. Item, two feather beds with the furniture belonging to them and Six pair of Sheets, one pair of ?nd Irons, all the parcells of broadCloth for my owne wearing with Buttons, Silk and other furniture belong to it.
Likewise I will and bequeath unto my wife, all my Serges and Stuffs, Except one parcell of Sad Collored Serge which I give and bequeath unto my Son Richard's wife to make her a gowne and petty coat, be it more of less. Item, I will and bequeath unto my Son all my books, my wife having choice of the three of four for her owne particular use. Item, my will and desire is that all my Kerseyes, Cottons, Canvass, fine linen, and (Cowepe?) that is not made up in garments, plain Shoes, Irish Stockings, and all ye yarn Stockings which are kniting to be equally divided in quantity and quality between my wife and my Son. Item, I give and bequeath unto my wife three feather beds and furniture, one new feather bed Ticking with bolster and pillow Ticking, all ye table linen with all the rest of ye sheets not before bequeathed. Item, I give unto my wife all the Lumber belonging to the house as bedsteads, Chairs, Chests, all the pewter Brass, Iron potts and irons, except one desk and one Chest in the old dwelling house loft, which I give unto my Son Richard. Item, I give unto my Son Richard's daughter Mary after my wife's decease Six large pewter dishes. Item, it is my will and desire that my Executors hereafter named be diligent and careful in the prosecution of ye dwelling house (unreadable) which is to be built by Jon. Milbourne according to agreement. Item, my desire is that the Brass yall [bell?] be set up on this plantation and not hereafter to be removed. Item, my will is that all ye woole in the house be equally divided between my wife and my Son. Item, my will is that my boat be sold and produce be equally divided between my wife and my Son. Likewise, two mares, one branded HA, and the Ha, I give equally to my wife and my Son. Item, my will and desire is that before any division be made of ye Sheep after my decease, yt Robert Brooke, Son of Robert Brooke, have four ewes out of ye sheep. Item, it is my will and desire that immediately after my decease my Executors draw bills on Mr. Robert Bristow Jun. for 40 od. pounds to be paid Mr. Will Howell, Merchant, and take in my bond. Lastly, I make constitute and ordain my Loveing Son Richard Awbrey and my Loveying Wife Mary Awbrey joynt Executors of this my last will & Testament, in Testimony whereof I have hereunto putt my hand and Seale this first day of August 1694.
Henry Awbrey (Seale)
igned, Sealed and Delivered in ye presence
Willm. Mosely 1694
Rob. Brooke
"I, the Subscriber, do depose that the within mentioned Henry Awbrey Seale and declare this within written Will to be his last Will and Testament and that he was in perfect sense and memory at ye sealeing and publishing thereof to the best of ye deponents knowledge & farther saith not ill. Mosely
worne to in Essex County Court 7ber 10th. 1694