RootsWeb.com Mailing Lists
Total: 1/1
    1. Capt. Thomas Ashby Will
    2. Sue
    3. Here is an extraction of the will of Thomas Ashby, Sr. Following the will is some other data concerning the Ashby's Enjoy - Sue Ashby In the name of God, Amen. I, Thomas Ashby of Frederick County., in the Colony of Virginia, being very sick and weak of body but of perfect mind and memory, thanks be to Almighty God, and calling to mind the uncertainty of this life, do make here my last will and testament in the following manner and form, revoking all former and other wills heretofore by me made, and this only to be taken for my last will and testament. Imprimis I resign my soul into the hands of the almighty and most merciful God, trusting in and by the merits of his son my ever blessed Saviour, Jesus Christ, that it shall together with my body be raised, remitted and glorified, and as to my body I desire it may have a Christian burial, and for such temporal estate herewith it hath pleased my good God to bless me with I give and dispose of in the following manner, viz: Item: I give unto my sons Thomas Ashby one shilling sterling to have no other part of my estate whatsoever. Secondly, I give and bequeath unto my son Benjamin Ashby all that tract or parcel of land as Goose creek whereon Enoch Berry now lives, to him my said son and his heirs forever. Thirdly, I give and bequeath unto my son Henry Ashby all that tract or parcel of land whereon he now lives which was laid off and apart by James Guin, deceased, from my other land unto my said son and his heirs forever, but if the said son should die without issue the said land to fall to my son Stephen and his heirs forever. Fourthly, I give and bequeath unto my son Stephen Ashby after his mother's death all this tract or part of land whereon I now live and which was also laid off and divided by the said Guin as aforesaid, to him my said son and his heirs forever, but if my said son Stephen should die without issue that then the said lot or tract of land is to fall to my son Henry Ashby and his heirs forever. Fifthly, I give unto my daughter Elizabeth Harden, one shilling sterling, and that she have no other part of my estate. Sixthly, I give unto my daughter Sarah Ashby one shilling sterling. Seventhly, I give unto my daughter Rose Ashby one shilling sterling. Eighthly, I give unto my daughter Ann Ashby one shilling sterling. Ninthly, I give and bequeath unto my cousin Ruben Berry one cow and calf to be delivered to him at the age of twenty-one. Thethly, I give unto my cousin Ann Berry one cow and calf to be delivered to her at the age of eighteen or on the day of marriage. Eleventhly, It is my desire that if the land whereon John Hardin now lives and for which I have a mortgage on now if the ----- should be projected that one of my executors, namely, my son Robert Ashby, shall sell the same and pay unto my daughters Sarah and Rose five pounds to each of them and the remainder to be equally divided between my loving wife, Rose Ashby, my son Stephen and my daughter Ann Ashby, and in case the money be paid according to the tenor thereof that then my son Robert shall divided and pay the same as I gave that in case the land was sold. Twelfthly, I give and bequeath to my loving wife, Rose Ashby, my horse I bought of John Ashby, also two mares and colt to be at her own disposal and as for the rest of my movable estate to have the same during her widowhood, but if she should marry that then she is to have no more than a third part of such movable estate and then the remainder to be equally divided by my executors between my son Stephen and my daughter Ann Ashby. Lastly, I nominate and appoint my dutiful and loving sons Robt. John and Henry Executors of this my last will and testament. An in testimony that this is my last will and testament I have hereunto set my hand and seal this 10th day of April, one thousand seven hundred and fifty-two-1752 Thomas X (his mark) Ashby {sea;} Signed, sealed and acknowledged before and in the presence of us James Catlett Francis C (his mark) Howell Peter Wolf. At Winchester VA. there are records of deeds made by Thomas Ashby Jr. One is a gift of 500 acres ot land in Fred. Co. to his brother John. , dated Mar 6, 1744. Also one in 1746, and 1759 to John. Thomas Ashby and his wife Betty Ashby of Hamilton Parish, Prince William Co., sold to Joseph Berry of Hanover Parish, Prince George Co., a tract of 308 acres patented Dec. 18, 1747 and again on June 3, 1760 Thomas and Elizabeth Ashby of Prince William Co., sold to Thomas Cooper of Frederick Co. 200 acres granted by patent on Dec. 3, 1734 to Jost Hite and by Hite conveyed to said Ashby by Lease & Release, recorded at Orange. This is from Deed Books, I, IV and V at Winchester, VA. Overwharton Parish, Stafford Co., VA. Thomas Ashby married Mary McCullough in 1751.They had a son Hankisson/Hankerson b. in 1757, recorded in Overwharton Parish. Tradition says that Thomas and Mary moved to Bladensburg, near Harpers Ferry and that Bladen Ashby was b., 1759, Silas, 1765 and Thompson, no known birth date, were their sons. This is seemed to be supported by the Hankisson Ashby who left land, in KY to a Bladen, Thompson and Silas Ashby. This Thomas, married to Elizabeth is the right age to be a grandson of Thomas Sr., according to Ida Reid Ashby in her book "Ashbys, Reids and Allied Families". A Note: Stafford County originally included all the land between the Rappahannock and Potomac Rivers and from King George Co. to the Blue Ridge Mountains. Prince William Co., was created from it in 1730, Fairfax Co., in 1742 and Fauquier and Loudoun was created in 1759. MY OWN PERSONAL NOTE: I'm sure the naming of the Berry "cousins" in the will of Thomas Sr. is the basis for the assumption that his wife, Rose was a Berry. But, it is only an assumption! There was never been any documentation published to support this. The fact that in those days "cousin" could mean cousin, nephew, niece or even a theological "brother" leaves us with lots of possibilities. The fact that the families were close. The Ashby's sell the land at Harper's Ferry to the Berry's. The Enoch Berry who was "cousin" is probably the reason that Robert Ashby, son of Thomas Sr. named a son Enoch, if for no other than he was a friend/relative. But, I would like to see some "proof" that Berry was in fact, Rose Ashby's maiden name. In the meantime, we go with the coincidental basis and hope that it is true.

    01/31/1999 04:59:12