Thomas Mustain Will 1791

Thomas Mustain Will

Thomas Mustain will was written on November 6, 1791 and entered into court on November 21, 1791. This photo for illustrative purposes only.

On November 6, 1791, Thomas Mustain, “being weak in body,” wrote his will:

  • To my beloved wife Mary Mustain, a sufficient maintenance suitable to her circumstance, as long as she remains a widow;

  • To my son Jesse, 200 acres to be taken off the upper end of the tract that I now live on: Beginning at the upper N corner and running down the N line  onto the S line, making his complement;

  • The balance of the tract of land I live on to be sold to the highest bidder giving 18 months credit;

  • To daughters, Rebecca and Molly, twenty shillings each;

  • To daughters Mary Ann and Sally, ten pounds each;

  • To son Avery Mustain and daughters Anna Buckner, Milly Keesee, Tabetha Bruce, Winney Lewis, and Saludy Shelton one equal part of the money from the sale of the land;

  • To Thomas Mustain, son of Jesse Mustain and his wife Jenny, has promised to live with me and my wife during our lives for which I give and bequeath unto the said Thomas Mustain a tract of land on both sides of Mayes Creek, 170 acres, and 1/3 of my moveable property;

  • The balance of my moveable property to be divided among my last six named children.

  • I appoint son, Jesse Mustain, and Joel Shelton executors.

Signed by Thomas Mustain (with his X).  Witnessed by Frances Irby, Nathaniel Farris, and Griffith Dickinson.  Vincent Shelton and Charles Lewis, Jr. gave security for the executors.  This will was entered into court on November 21, 1791.

Unfortunately, it was not long before Jesse died.  Family lore says he fell from his horse while intoxicated.  On June 1, 1795, Polly Mustain, widow of Jesse, mortgaged her dower of 66 2/3 acres to Samuel and David Pannill for thirty pounds. On August 21, 1797, Jesse’s son Thomas was made legal guardian to Jesse’s minor children.  Also in 1797, the whole plantation, including Polly’s dower, was sold to Benjamin Gosney and passed out of the Mustain family.

In 1817, Gosney sold the property to Richard Whitehead for $2,840.  When Whitehead bought roughly the other half of the Mustain tract in 1811, he had, in effect, the land to which Thomas Mustain was given patent by George II.  Around 1836, Richard Whitehead made structural changes to the house:  moving the south and north doors (front and back) on the 2nd floor, as well as adding a wall to make a center hallway corresponding to the new placement of doors.  Richard and his wife, Pency, were buried together near the house, but in 1934 they were removed to Chatham, VA

The details above are from a description of the property when it was for sale in 2002.

Here is the entry for Thomas Mustain will 1791 posted on ancestry.com. Each basic point is essentially the same, but language and spellings are different.

Last Will and Testament of THOMAS MUSTAIN weak in body.

Deed Book 9, pg. 119-120, written 6 November 1791, probated 16 July 1792

To my beloved wife Mary MUSTAIN, a sufficient maintenance suitable to her surcomstance, free and undesturbed during her life or widowhood.

To my son Jesse, 200 acres to be taken off the upper end of the tract where I now live.

The rest of this tract to be sold.

To daughter, Rebeckah and Molly, twenty shillings each from the sale of the above land.

To daughters Mary Ann and Sally, ten pounds each.

To son Avery MUSTAIN and daughters Anna BUCKNER, Milley KEESE, Tabeth BRUCE, Winney LEWIS and Siludey SHELTON one equal part of the money from the sale of the land.

To Thomas MUSTAIN, son of Jesse MUSTAIN and his wife Jenney, has promised to live with me and my wife during our lives for which I give and bequeath unto the said Thomas MUSTAIN a tract of land on both sides of Nixes(?) Creek, 170 acres.

The balance of my moveable property to be divided among my last six named children.

Appoint son Jesse MUSTAIN and Joel SHELTON executors.

THOMAS (X) MUSTAIN

Witnesses: Francis (X) IVY, Nathaniel FARIS, Griffith DICKINSON Vincent SHELTON and Charles LEWIS, Jr. security for executors

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2 thoughts on “Thomas Mustain Will 1791

  1. I found a court record from Virginia that lists ALL of Jesse Mustain’s children: Sussana, James, Jesse, John, Priscilla, Tabitha, and Winifred. It is from the August Court of 1797. DO you already have a copy?

    • Straus, I don’t have a copy, but I would love to have it for my records and to share on this blog for any other of Jesse’s descendants. I’ll send you my email address. Thanks! Rebecca

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