This will shows Cornelius Adair is the father of Benjamin Adair. Is he the same Benjamin T. Adair who married Elizabeth Marston?
Cornelius Adair's Will
Birth 1742 in Edinburgh, Midlothian, Scotland
Death 15 Apr 1811 in Augusta, Virginia, United States
AUGUSTA COUNTY, VIRGINIA - CHALKLEY'S CHRONICLES;
Page 435.--15th April, 1810. Cornelius Adair's will--
To sons, William and John, now living in Pennsylvania; to sons, Francis and James;
to wife, Elizabeth; to all children, viz: John, James, William, Benjamin, Francis, Polly (wife to Peyton Shumate).
Executors, son William and friend Robert Stuart. Teste: Richard Holt, Robt. Hunter, Daniel Swisher.
Proved, 29th January, 1811, and 20th February, 1811, Robert Stuart refuses, and 24th February, 1812, administration heretofore granted Andrew
Hunter is repealed, and administration granted to William Adair.
Will: In the name of God Amen. I Cornelias Adair of the Co of Augusta and State of Virginia, though sick and weak in body yet of sound mind and disposing memory and calling to mind the mortality of the body and that it is appointed to me to die so make and ordain this my last will & testament in manner and form following (vig).
First I give & devise unto my sons William & John ADAIR (now residents of the State of Pennsylvania) provided they come forward to receive it the space of two years from and after the date of this my last will & Testament, One hundred acres to be equally divided between them and to be land off being [sic] at a black oak corner to John SWISHERs land and Peyton SHUMATEs land and uniting with SHUMATEs line, and with the line of the saw mill tract along the road its several corner to Jane BLACKs line and with her line a sufficient distance, and thence a strait course to the beginning to them and their heirs forever
I also give to the said William and John one ninety of my saw mill including eleven acres of land belonging thereto, to be also equally divided between them, to them and their heirs forever subject to the same provision with the above hundred acres. And in case they do not come forward in the said space of two years as above mentioned, to receive the same unless prevented by unavoidable circumstances, then I give the same with all of its appurtanances unto my two son Francis & James to be equally divided between them to them and their heirs forever;
Secondly I give unto my beloved wife Elizabeth Adair the other ninety of the said saw mill with the land belonging thereto together with all the rest of my land and lands except a tract of 195 acres, called the mountain tract (which I purchased of Henry DAVISON) which said tract I desire may be sold by my Executors hereafter named for the purpose of paying and discharging my debts, for and during her natural life and after her death I give the same to be equally divided between my two sons Francis & James.
I also give to my said wife for & during her natural life all my stock of horses, cattle, hogs and sheep and all my household and kitchen furnature & plantation utensils, and after her death I desire the same to be sold and the money arising from this sale to be equally divided between all of my children (viz) John, James, William, Benjamin, Francis & Polly - the wife of Peyton SHUMATE.
I also give to my said wife one negro woman named Sally & her youngest daughter Sylvia to her & her heirs forever.
Thirdly I give & bequeath unto my son John ADAIR one negro girl named Bryan to him & his heirs forever.
Forthly I give & bequeath unto my son James ADAIR one negro boy Farrow to him & his heirs forever.
Fifthly I give & bequeath unto my son William ADAIR one negro girl named Rachel to him & his heirs forever.
Sixthly I give & bequeath unto my son Francis ADAIR one negro Boy named George to him and his heirs forever.
Seventhly It is my will and desire that all the rest of my estate be it of what kind soever it may shall be sold by my Extr and the proceeds thereof to be equally divided among between all my children above named which I give to them and their heirs forever.
Eightly I lastly I nominate & appoint my son William ADAIR, and my friend Robert my executors to execute this my last will & testament Given from under my hand and seal this fifteenth day of April one thousand eight hundred and two.
Signed, sealed & acknowledged in presenese of us: Richd HOLT, Robert HUNTER, Daniel SWISHER.
Cornelius ADAIR (his mark
At a Court continued and held for Augusta County January the 29th 1811 This last will and testament of Cornelius ADAIR deceased was proved by the oaths of Robert HUNTER and Daniel SWISHER two of the witnesses thereto and ordered to be recorded. Chesley KINNEY, Clark.
And at a Court continued and held for the said County July the 26th 1811 Robert STUART one of the executors named in the said will appeared in Court and refused to take upon himself the burthen of the executor thereof. Teste.
The Court held for August County February the 24th 1812 William ADAIR one of the Executors named in the last will and testament of Cornelius ADAIR deceased appeared in Court and on his motion the administration which was granted Andrew HUNTER on the Estate of the said Cornelius ADAIR deceased is refunded and certificate is granted him for attaining a probate thereof in due form. Whereupon the said William ADAIR entered into bond together with Daniel HENDERSON his security in the penalty of $1,000 Conditioned as the law directs. Teste Chesley KINNEY CC
p. 435. Will 15 Apr 1810: To sons, William and John, now living in Pennsylvania; to sons, Francis and James; to wife, Elizabeth; to all children, viz: John, James, William, Benjamin, Francis, Polly (wife to Peyton Shumate) (Patton Shoemate, however spelt).
Executors: son William, friend Robert Stuart. tools that belong to me.
Agreeable to order of the Honorable Court of Augusta County, Court of Augusta County after being first sworn We have appraised the personal estate and slaves of Cornelius ADAIR deceased as follows:
One slave Salley & child Manny too 30
One boy Pharrow 330
One boy Calico George 280
One Girl called Sohnia 130
One Do (ditto) called Rachael 120
One sorrel foal 30
One black Colt 20
One dark bay horse 10
One dark bay Do 50
One dark bay mare 20
Three yearling calves 9
Five head of Cattle 51-50
Twelve sheep and three Sa? 21
One sow and eight shoats 7
Sixteen head of geese 4
One case of down? 15 Or
Dr. Andrew HUNTER admins in account with the Estate of Cornelius ADAIR
1811 L S P
April 5th To the Amount of the sale of the Estate 7 6 72
To Cash Received of David CARRUTHER of the bond sold him belonging to the estate 15 0 0
1812 June 26th
To Allowance due the Estate 12 10 11
By John GAINERs Note No. 1 1 16
By Robert HUNTERs Note No. 3 12 3
By Alexander HALLs Note No. 4 1 16 2
By Jacob MORRISs Note No. 5 1 5 19
By Christopher MORRIS Note & Int No. 6 1 16 2
By The same Act with Int includ 2 17 9
By John BACKENSTOEs acct No. 7 8 19 3
By A Note to Andrew & Matthew HUNTER of Cornelius ADAIR with Int. No. 8 1 17 6
By a Note to Elisha HUDSON with Int. No. 9 1 16 2
By Jacob CLINANPEEL Acct No. 10 1 18 3
By William WHITE Acct No. 11 14 4 4
By John GORDON Acct No. 12 2 1 3
By James BEST Acct 13 10 3 10
By John CALDWELL Acct 14 -- 18 --
By Andrew HUNTER Acct 15 29 9 6
By Benjamin ADAIR purchais at the
Sale given to the Executor 21 12 1
By Sundries to Robert STERRIT 12 6
By Cash paid Wm BROOKS to Benj ADAIR 5 77
By Cash paid by John GOINER to do do 3 0
By Cash paid by John HUNTER to do do 4 6
By an allowance for Commission in transacting business of the
Estate as appears reasonable to us 6 6 0
L 158 15 8 1/2
June 26th By balance due the Estate 23 10 11
L 182 6 7 1/2
Agreeable to an order of the Worshipful Court of Augusta County to us directed bearing date 24th of February 1812 We have settled the administration Acct of Andrew HUNTER of the Estate of
Cornelius ADAIR Decd and find theirs a balance due from the said admins to the said Estate according to within Statement. Given under our hands this Twenty sixth of June 1812
Joseph BELL 2
At Court held for Augusta County August the 24th 1812 This Settlement of the Estate of Cornelius ADAIR decd ? returned is ordered to be recorded.
Teste Nicholas Kinney C Court