PART 1 --------------------- See BOSCHONG Archives for December 2004, January 2005, August 2005, February 2009, September 2009, December 2009, March 2010, May 2010, January 2011, February 2011, September 2011, March 2012, and April 2013 for just some of the many posts about this family. --------------------- Rockingham County Virginia Chancery Exhibit A WILL OF JOSEPH SWANK Written 17 October 1860 In the name of God Amen. I, Joseph Swank of the County of Rockingham and State of Virginia being of sound mind and conscious of my Mortality, do give and bequeath my estate as Severally herein after mentioned, I give and bequeath to my wife Elizabeth one third of all my Estate both real and personal after my debts are paid during her natural life and the use of the Farm until Ann Eliza is Twenty one years age and Forty Dollars a year respectively for Lydia Frances and Louisa Virginia until they are Twenty one years of age. The Balance of estate real and personal to be equally divided between all my children, Sarah's interest particularly to her and her children. Therein Select Joseph Harvey Swank as my Executor to settle my estate. 17 October 1860 JOSEPH SWANK, Seal Attest: Isaac N. Bowers James P. Rolston, Sr. John H. Rolston Jr. Rockingham County November Court 1860 This last Will and Testament of Joseph Swank, deceased, was presented in Court and approved by the Oaths of Isaac N. Bower, James P. Rolston Sr. and John H. Rolston Jr. for the Subscribing witnesses thereto and ordered to be recorded and on the motion of Joseph Harvey Swank, the Executor therein named, he made Oath thereto according to law together with John Swank, Peter Beery and John H. Rolston, his Sureties (who qualified as to the Sufficiency) entered into and acknowledged a Bond in the penalty of three thousand Dollars Conditioned as the law requires, a Certificate granted to said Joseph Harvey Swank of obtaining a Probate of the said Will in due form. Teste: S. W. Gambill, Clerk Rockingham County A Copy ------------------------- LIST OF CHILDREN OF SARAH SWANK BUSHONG (Named in Chancery Suit 1860. Note that one more child was born after this date, William Cornelius Bushong.) 1. Mary Elizabeth Catherine Bushong 2. Henry Taylor Bushong 3. Isaac Newton Bushong 4. Luther Davis Bushong 5. Emily Grace Alice Virginia Bushong 6. John Stuart Bushong 7. James Alexander Bushong 8. Sarah Amanda Louisa Cordelia Bushong 9. Charles Lee Bushong 10. Joseph Arthur Bushong -------------------------- Rockingham County Virginia Chancery 1866 - 03, Original Case #25 SAMUEL SWANK, Plaintiff VS Isaac A. Bushong et al, Defendants To the Worshipful Justices of the County Court of Rockingham County in Chancery Sitting: Your Orator Samuel Swank of Rockingham County humbly complaining unto your worships respectfully represents that in the year 1860 Joseph Swank, father of complainant, departed this life having first made and published his last Will and Testament which was duly admitted to record in Rockingham County at the November Term 1860 and a copy of which is herewith filed marked A and asked to be read as part of this bill. It appears by this Will that after the provision for the widow, the balance of the testates real and personal estate was to be equally divided among his children: Complainant further sheweth that the daughter Ann Eliza has attained the age of twenty one and one third of the real estate has been duly assigned to the widow by commissioners appointed by the Court, which leaves about 200 acres, in the joint occupancy and possession of the testates children. Complainant further sheweth that in September 1865 he contracted in writing with his brother Joseph Harvey for the purchase of his undivided share of one ninth (there being nine children) but has received no deed. The Complainant is therefore owner of two undivided ninths and at the February Term of the Court of Rockingham in 1862, Complainant qualified as Guardian of the two youngest children, one of the number being now about 17 and the other very near 14 years of age; By virtue of his appointment as Guardian, the complainant has control of two other shares of one nineth each. Your Orator states his desirous of having his shares of two ninth laid off and assigned to him, and also the shares of his Wards, which are under his ontrol laid off and assigned to him, contignant to or adjoing his own shares if this can be done without prejudices to the rights of the others. To this said Complainant prays that the children of his father the devicees VIZ: Sarah the wife of Isaac A. Bushong, John Swank, Hester E., wife of John H. Rolston, Joseph H. Swank, Mary wife of Peter Beery, Ann Eliza wife of Noah Beery, Lydia Frances Swank and Louisa Virginia Swank together with the husbands of the married females, may be made Defendants hereto and required to answer this Bill upon oath that a Commonwealth Supeona may be issued, That Commissioners may be appointed to make partition in conformity with the rights of the parties and that such other and further relief, may be granted to your Orator as may be appropriate and adapted to the value of his case and he will ever pray and et al. SAMUEL SWANK By Counsel Bryan Woodston and Compton Atty for Complainant -------------------- CHILDREN OF JOSEPH SWANK (Wife Elizabeth) 1. Joseph Harvey Swank 2. Sarah Swank married Isaac A. Bushong 3. Samuel Swank 4. Ann Eliza Swank married to Noah Beery 5. Lydia Frances Swank 6. Louisa Virginia Swank 7. Hester E. Swank married to John H. Rolston Jr. 8. John Swank 9. Mary Swank married to Peter Beery ------------------- TO BE CONTINUED: Researched, Transcribed and Submitted by Gloria Neiger Bushong