[N725] Last Will & Testament of Henry Wetherburn: IN THE NAME OF GOD AMEN.

I Henry Wetherburn of the City of Williamsburgh Tavern keeper being Sick [and] weak but of perfect Sence and Memory do make [torn] and Testament as follows. IMPRIMIS I recommen[d] [torn] of Almighty God who gave it me and my Bod[y] [torn] [t]o be decently Buried according to the discr[etion] [of my executors herein]after named in full [torn]assurance of it [torn] Day thro' the Merits of m[torn]

ITEM - I [torn] wife Anne Wet[herburn] [torn] [Tenem]ents an[d] [torn]also give her my Negro Girl named Clarissa forever and after my Just Debts Funeral Charges and the Expences Attending the Admon of my Estate are paid I give her one moiety or half part of my whole Personal Estate forever

ITEM - I give to Harry Armistead who now lives with me my Negro Boy named Dick and my Silver watch to him and his Heirs forever and I Order and direct my Executors hereafter named to Lay out and Expend the Sum of one hundred pounds current money in the Schooling and Education of the said Harry Armistead but in case he should die before that sum is Expended in his Education then I will that the remainder thereof fall into and be accounted as part of the re[si]duum of my Estate and go to my residuary Legatee.

ITEM - I Order and direct that my Plate and whole Personal Estate be Sold by my Executors for the best price they can get for the same.

ITEM - I Give and Devise to my Nephew Edward Nicholson the Reversion [of m]y Lands Tenements and Slaves given to my wife for her Life and all other [torn] Estate real or Personal of what Nature or kind soeverin the whole wo[torn] to him and his Heirs forever

LASTLY I constitute and Appoint my Frie[n]ds Mr William Prentis and Mr Benjamin Waller Executors of this my Will and Testament hereby revoking all other Wills by me made and [torn] Give to the said William Prentis and Benjamin Waller to each of [th]em the Sum of Thirty Pounds for their Care and Trouble about my Estate out of my said nephews Part thereof and direct that they give no Security for my Estate IN WITNESS whereof I have hereunto [set] my hand and Affixed my Seal this thirteenth day of November in [the year] of our Lord one thousand seven hundred and [torn]

Henry Wetherburn (L. S.)

Presented December 15, 1760 --- At a Court held for York County the15th day of December 1760 This Will was Proved according to Law by the Oaths of James Martin Francis Durfey and John Cots the Witnesses thereto and Ordered to be Recorded and on the Motion of William Prentis and Benjamin Waller Gent the Executors therein named who made Oath thereto as the Law directs Certificate was Granted them for obtaining a Probat thereof in due form

Teste
Thos Everard Cl. Cur.
Examd

At a Court held for York County at the Courthouse in the Town of Yorkon Monday the 15th day of December 1760 and in the thirty fourth Year of the Reign of our Sovereign Lord King George the second -

Present
Peyton Randolph Esqr
Robert Sheild
Robert Smith &
Wm Hunter

Gent/ Justices. The last will and testament of Henry Wetherburn decd was proved according to Law by the Oaths of James Martin Francis Durfey and John Coss [Cots] the Witnesses thereto was Sworn to by William Prentis and Benjamin Waller Gent the Exors therein named and is ordered to be recorded and on the motion of the said Exors Certificate is granted them for obtaining a Probat thereof in due form.

York County Records, Wills and Inventories (1760-1771), Book 21 pp.23-25.
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"An Allotment and Assignment of Dower in the Land and Slaves of Henry Wetherburn decd unto his Widow was returned to wit In Obedience to the Order of the Court of York County We the Subscribers have Allotted and Assigned unto Anne Wetherburn Widow of Henry Wetherburn decd the Dwelling House Outhouses and two Lotts of Land No 21 & 22 in the City of Williamsburgh excepting the Tenement in Possession of James Martin Barber, Also nine Slaves named Caesar, Sarah and her Child Tom, Jack, Sarah and her child Rachel Sylvia Phillis and Judy and as for her one third part of the Land and Slaves of her said late Husband Given under our Hands this 25th day of January 1761 G. Wythe, Ro. C. Nicholas, Wm Hunter, Thos Everard, Whereupon It is Considered by the Court that the Attachment and Assignment aforesaid be Established and Confirmed."

York County Records, Judgments & Orders (1759-1763) pp. 216-217.
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"On the Motion of Anne Wetherburn Widow and Relict of Henry Wetherburn decd and with the Consent of Edward Nicholson It is Ordered that Robt Carter Nicholas George Wythe William Hunter James Tarpley and Thomas Everard or any three or more of them lay off and assign unto the said Anne One third part of the Lands and slaves of the said Henry Wetherburn according to the direction of his Will."

York County. Records, Judgments and Orders (1759-1763) p. 191

[N726] This marriage took place ten days after the death of his first wife. Thereafter, he and Anne lived at his tavern located elsewhere in Williamsburg, and headquartered their businesses from there.