The AfriGeneas SlaveData Collection

Attached is the 1828 Will of John Ervin, Sr. 
of Washington and Russell Counties, Virginia, 
with names of slaves. 

Max Ervin

Transcription of Will of JOHN ERVIN, SR. 

Will Book #6, pages 59-60, at the Clerkıs Office, Washington
County Courthouse, Abingdon, Virginia: 

I John Ervin Senr. of the county of Washington and state of
Virginia, do make my last Will and Testament in manner following,
that is to say 

1st. I give and bequeath to my wife Nancy the tract of land and
plantation upon which I now live, also my negro slaves Philip,
David, Phebe, and her child Paul, to be occupied held & used by
her, during her lifetime. I also give and bequeath to my said
wife Nancy one negro woman named Clarissa - all my household and
kitchen furniture, and farming utensils; also, one sorrel horse,
two milch cows, one sow and her pigs, six grown hogs, and six
sheep: which property with the increase thereof is to be held &
used by her during her life, and the remainder, if any, to go to
her heirs, or be disposed of as she may choose. 

2d. After the decease of my said wife I authorise my Executor
hereinafter named to sell upon such terms and in such manner as
he may think best calculated to enhance its proceeds, the
aforesaid tract of land & appurtenances, and that he pay over and
deliver one third of the purchase money to my daughter Mourning
Ervin, one other third to my daughter Sally Johnston who
intermarried with William Johnson, and the other third to Matilda
& Mahala Ervin, Calvin and Cummings Fields, children of my
daughter Nancy Fields, deceased, or their survivors, in equal
proportions, and my Executor is also authorized to convey to the
purchaser or purchasers, such bills as I hold. 

3d. I give and bequeath to my two sons Micajah and James, two
dollars each. 

4th. I give and bequeath to my son John and his heirs forever,
after my wifeıs death my slaves, David, Phebe and Paul with their
increase if any, upon his paying to the children of my son
Micajah Two hundred dollars to be equally divided among them, and
to be paid as they shall severally attain the age of twenty one

5th. My negro Philip having lived with me many years and assisted
in rearing my children, and he being now old, is permitted after
my wifeıs death, should he survive her, to live with whomsoever
of my children he may prefer, or with any other person who will
take care of him. 

6th. All my personal estate not before disposed of I authorize to
be sold, and two hundred dollars of the proceeds, if it brings
that much, I give and bequeath to the children of my said son
Micajah, to be equally divided among them as they severally
attain the age of 21 years. 

7th. I further give and bequeath to my wife Nancy after paying my
debts and funeral expenses, whatever money I may leave, or
whatever may be owing to me, not necessary for the purposes above
mentioned in this Will, to be at her own disposition. 

And lastly I constitute and appoint Col. William Price of Russell
County Executor of this my last Will and Testament - hereby
revoking all other or former Wills, Testaments or Bequests by me
heretofore made. 

In Witness whereof I have hereunto set my hand and affixed my
seal, this second day of October in the year of our Lord one
thousand eight hundred and twenty eight. 


John X Ervin, Senr.


Signed & sealed as the last Will

and Testament of the above named

John Ervin senior in the presence


David Duncan

Endymion Taylor

Wesley Gillenwaters

At a Court held for Washington County the 25th day of October

The last Will and Testament of John Ervin Senr, deceased was
exhibited in court and proved by the oath of David Duncan,
Endymion Taylor and Wesley Gillenwaters the subscribing witnesses
thereto and ordered to be recorded. At a Court continued and held
for said County the 27th day of October 1828. On the motion of
William Price the Executor named in the last Will and Testament
of John Ervin Senr, deceased who took the oath of an executor
prescribed by law and entered into and acknowledged his bond in
the sum of four thousand dollars with Charles C Johnston, John B
Clark and John Ervin, his securities conditioned as the law
directs. A Certificate is therefore ... 

Transcribed byMax Ervin  , 5 June 1999


1.	John Ervin was first on the Russell Co, Va tax rolls in
1795. 2.	An 1819 tax assessment shows that he owned 1200 acres
with a two-story dwelling thereon in Elk Garden, Russell Co., and
also listed one male slave over 50 years old (Philip named
above). 3.	The Russell Co 1820 census shows John as a resident
of Russell Co, but he apparently moved to Washington Co before
his death in October 1828. 4.	Johnıs daughter Mourning and
Philip are found in the household of Benjamin Chapman in the 1850
Russell Co census, both born in North Carolina. Philip died July
1853 at age 100; Mourning died 2 May 1854 at listed age of 73.
5.	Johnıs daughter Sarah (Sally) Johnson is in the Russell
1850 census Household #552 with husband William and Squire and
Mary Holbrook. At age 57 in 1850, Sarah also is listed as being
born in NC. 6.	Johnıs son Micajah, in the 1850 Russell census
at age 58, is listed as being born in Halifax Co, Va. Micajah
married Sarah Sutherland about 1811. About 1830-1840, they moved
to the McClure River area which became Buchanan then Dickenson
Co. 7.	John Ervin, Jr., born circa 1786, and wife Rebecca
Ferguson apparently departed Russell Co between 1830 and 1840.
8.	Son James Ervin apparently also left Russell Co after 1820. 

contributed by: Max Ervin
reviewed by: vkn on 7/25/99