Avery Mustain Will

Here is the Avery Mustain will, as another family researcher listed it from the Pittsylvania County will book. Spelling is unchanged.

The record of Avery’s Revolutionary War Service, from his pension request, is also on this blog. Grave location is listed under details of his military service. A maps document, based on his pension request, has recently been added. That post includes a list of related articles on this blog.

Avery’s Will

Avery Mustain Headstone

Avery Mustain (1756-1833)

Pittsylvania County Virginia Will Book 1, 242-243

“I Avery Mustain of the County of Pittsylvania and State of VA.  First I and give unto my beloved, wife, Mary Mustain the tract of land whereon I now live containing upwards of 500 acres more or less….at her death…….to be equally divided between my 4 sons, Joel Mustain, Haley Mustain, Shadrack Mustain and Thomas Mustain.  But my said wife is not to interupt my sons Joel and Haley or interfere with them in the the cultivation of their respective plantations on which they now live, which constitutes a part of the aforesaid tract.

In the division after the death of my wife my son Joel’s 1/4 part is to be laid off as to include the plantation whereon he now lives, and my son Haley’s part so laid off as to include the plantation whereon he now lives, and the balance so divided equally between my sons Shadrach and Thomas as to give to my son Thomas the house in which I now live.  I lend to my wife during her natural life all my slaves.  After the death of my wife I direct that all my slaves shall equally be divided between my children, Drury Mustain, Haley Mustain, Shadrach Mustain, Polly Dove, Thomas Mustain and Elizabeth Shelton.  I lend to my daughter Elizabeth Shelton the tract of land whereon she and her husband Littleberry Shelton now live…..containing 100 acres during her life….at her death I direct that the same be equally divided between her children.

After the payment of my just debts by my executors I give unto my wife Mary during her life all the rest of my estate….at her death to be equally divided between my children, Drury, Joel, Haley, Shadrach, and Thomas Mustain, Polly Dove, and Elizabeth Shelton.  After the death of my said wife, if there be enough of the pershable part of my estate to do so, that my grandson, Clark Mustain, be paid the sum of $100…..I do appojnt my son Joel Mustain and my friend Abraham C Shelton my executors.  Signed Avory Mustain April 21, 1829.  Witnesses:  William A Easley, Vincent Shelton, Jr., David Glenn”.

NOTES:  He only gives land to four sons, no mention of Drury. After the death of his wife he wants all his slaves equally divided between my children DRURY, Haley, Shadrach, and Thomas, Polly and Elizabeth Shelton.  This listing excludes Joel, however, he is listed in the dividing of the “rest of my estate” after the death of his wife. His daughter, Saluda, had died in [year] before the date of the will.

Later Sale of 39 Acres

Abstracted this item from Virginia’s Descendants – Featured Family – Avery Mustaine

Pittsylvania County Virginia, Deed Book, “Sept 3, 1836, Mary Mustain widow of Avery., dec, Joel Mustain and William Pannill as commissioner who conveys Haley, Shadrach and Thomas Mustain to Joseph Younger and Armistead Younger 39 acres, sold for $234.00.”

NOTES:  This indicates that Haley, Shadrach and Thomas Mustain had left Virginia by 1836.

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2 thoughts on “Avery Mustain Will

    • Thanks for leaving a comment! Do you have any record to show if Clark Mustain, Avery’s grandson, did later receive the sum of $100?

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