John Anderson Asher, Jr.

28 Sep 1796 : 18 Jun 1798, Culpeper Co., VA WB D, pp 217-218 John Asher Will In the name of God, Amen. I John Asher of the County of Culpeper and Parish of St. Mark being of sound mind and memory and calling to mind the uncertanity of this life do make and ordain this my last will and testament, manner and form following. First and principally I commend my soul to Almighty God. As to my worldly goods it hath pleased God to bestow on me, I give and bequeath, the following manner.

Item. I lend unto my beloved wife Elizabeth, one hundred acres of the land whereon I now live to be so laid out at the south end of my tract it shall include my personal dwelling house. One negro boy named Bartlett, one horse, two cattle (of the average value of my others), one half my present stock of hogs for the support of my five youngest children. Two beds and furniture and the remainder of household goods, except the balance of my beds, for and during her widowhood or natural life and at her decease to be disposed of by my Executors as is hereafter directed for the disposition of my other property.

Item. I give and bequeath unto my son William Asher's heirs my best wishes for their happiness and prosperity and no more, he having received, his life time an equalivent [sic] to my other children's proportion of what I now possess.

Item. I give and bequeath unto my children hereafter named, viz: Mary Branham, Sarah Trussell, Susanna Trussell, Rachael Kenard, Mildred Briant, Nelly Asher's son, Waller Asher, Charles Asher, Letty Briant, Nancy Mitchell, Frances Asher, John Asher, William Asher, (by my second wife) Elizabeth Asher, Rebecca Asher, and Nerraway Asher and their heirs forever all my estate both real and personal to be equally divided amongst them, their heirs and assigns as soon as may conveniently be after my decease (except that part of my estate lent to my wife) which is to be disposed of, like manner at her death.

Lastly. I do hereby constitute and appoint my trusty friends George Kenard, Reubin Porch and Mitchell Porch and my son Charles Asher Executors to this my last will and testament, hereby revoking and disannuling all former will or wills by me made. In testimony of the above I have hereunto set my hand and seal this 28th day of September, the year of our Lord 1796. John Asher Signed, sealed and acknowledged in the presence of R. Latham Jr., James Farriott, Thomas Chisham

Probate and recorded 18 June 1798, Culpeper Co., VA: This last will and testament of John Asher, decd, was exhibited to the court by Rueben Porch Mitchell, 2 of the executors therein named and was proved by the oaths of Robert Latham Jr, James Garriott, and Thos Chisham, witnesses thereto, and ordered to be recorded. And on the motion of the said executors certificate is granted them for obtaining probate thereof, due form, they having made oath thereto and given bond and security according to law. George Kennard, the other executor named, said will came into court and refused to take upon himself the burthen of the execution thereof. Test: John Jameson, court clerk.

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ADDITIONAL RECORD FROM PARENT:

There may have been more than one John Asher in the following records. It is also difficult to distinguish John Asher from his son John Asher, Junior, in some of the following documents. His son was not born until around 1720, so it may be assumed that all documents before 1740 applied to the senior John Asher(s).

On Apr 7, 1740, John Asher, planter, leased 150 acres from Colonel Alexander Spotswood: "Conveyed to the said John Asher and his assigns for and during the natural lives of him the said John Asher and Charles Asher his son, and for and during the natural life or lives of the longest liver of them." The 150 acres was described as being in St. Mark's Parish on north side of River Rappidanne, part of 40,000 acres granted to Alexander Spotswood and called the Spotsylvania tract. (Culpeper County, Virginia Deed Book A, pp 491-496)

The annual rent was prescribed as "Eight Hundred Pounds Weight of good sound merchantable Top Tobacco clear of ground-leaves and trash according to law, together with one cask to contain the same (to be paid out of the Crop which shall be made upon the Demised Premises provided so much Tobacco be made thereon that Year) and to be tendered and delivered in one Hogshead weighty and proper for Exportation, at some convenient landing on Rappahannock River within the County of Spotsylvania, the first of which Tobacco Paiments to commence and become due on the Twenty Fifth Day of December which shall be in the Year of our Lord One Thousand Seven Hundred and Forty One."

In consideration of the foregoing lease, John Asher on his part promised, "within four years after the Date of these Presents to plant upon the Demised Premises or upon some Part thereof Three Hundred good fruit trees whereof one third at least to be good Apple Trees and the same will inclose with a good sufficient and lawful Fence and that he . . .will . . . sufficiently maintain and keep . . . the messuage, buildings, and fences now upon or which at any times during the sd Term. . . in . . good and sufficient repair . . . And that the said John Asher and his assigns shall not . . . without the leave or License of the said Alexander Spotswood, his heirs or assigns or his or their lawful Attorney or Attornies first obtained in writing, work or cause or suffer to be worked the demised Premises with more than six labouring Hands, that is to say such Hands as are generally allowed in the Colony of Virginia to be full shares in a Crop; and reckoning so many weaker Hands for a Sharer or labouring Hand as a reasonable overseer would or aught at such Time to adjudge or esteem them to be."

The lease expressly provided that if either John Asher or his son Charles Asher should die before December 25, 1775, then Alexander Spotswood, his heirs and assigns, agreed that, "for the life and lives of such other Person and Persons as the said John Asher or his Assigns shall nominate in the place and stead of the said John Asher or Charles Asher so dying, he the said John Asher or his Assigns paying to the said Alexander Spotswood, his Heirs or Assings, One Year's Rent for every Life so nominated; and in like manner when and so often as the Person so anew nominated, shall happen to die before the Twenty Fifty Day of December in the Year One Thousand Seven Hundred and Seventy Five aforesaid. A. Spotswood." (Dorman. Orange County Virginia Deed Books, 1738-1741 and Judgments, 1736)

George Home, assistant surveyor of Orange County, stated the land was "by the limestone landing a little below the mouth of Spade's Run on the north side of the Rappidanne River, corner to a German old lot on the river."

Alexander Spotswood had been commissioned as a major general in the British Army. On Jun 7, 1740, he died suddenly. On Oct 14, 1740, the arrangement between John Asher and Alexander Spotswood was reaffirmed by Elliott Benger, "one of the Acting Executors, according to the Will of the Decd. acknowledged to the said John Asher," and recorded by Jonath. Gibson, Clerk of the Court. Benger's signature was witnessed by "John Asher, Junr." (Culpeper County, Virginia Deed Book A, pp 495-496)

From Jan-Apr, 1742, John Asher purchased one bed and furniture. (Orange County Will Book)

On Jul 28, 1743, "John Asher, Sr., on his petition of being very ancient and infirmed be levy free." (Order Book 1, p 501, and Little, Orange County Titheables)

In 1744, "Parish Levies in Tobacco. To Hanah Scultharp for tending Ashars family, 200." (Davis, St. Mark's Parish Vestry Book)

In 1744/5, "Order that Hanah Scultharp be paid 200 pounds tobacco for tending Ashers famalley" (no date, between Oct 1744 and Mar 1745) (Davis, St. Mark's Parish Vestry Book)

On Sep 27, 1750, John Asher and his son Charles Asher executed an assignment of "our Right, Title and Interest of this of their Lease to Michael Whatley," which assignment was witnessed by "Moley Asher." (Dorman. Orange County Virginia Deed Books, 1738-1741 and Judgments, 1736)

(In 1753, Culpeper County Virginia formed from part of Orange County.)

On Apr 1, 1758, "John Asher, 170 acres in Culpepper Co, adj said Asher, Col. John Spotswood, William Russell, William Nashe, James Pollard" (Grant Book V, p 134)

In 1764, John Asher appeared on the Culpeper County, Virginia rent rolls.

On Nov 27, 1766, Zebulon Lewis of Orange County is indebted to John Asher of same county for 790 pounds of tobacco and interest . . . a suit pending in Orange County - Zebulon Lewis made over to John Asher and heris, 3 cows, 3 slaves, bed and furniture and one other bed and furniture "next in goodness." (Deed Book 14, p 91)

In 1773, "Allowances to Poor. To John Asher for keeping Hannah Sculthorpe, 500." (Davis, St. Mark's Parish Vestry Book)

In 1774, "Allowances to Poor. To John Asher for keeping Hannah Sculthorpe one yr." (Davis, St. Mark's Parish Vestry Book)

On Nov 8, 1776, "John Asher, 257 acres in Culpeper Co. adj said Asher, Spotswood Dsq. William Russell, now John Willis, Charles Benson, Finalsons R. John Garret, James Pollard, William Nash." (Grant Book V, p 434)

In 1783, John Asher appeared on the Culpeper County, Virginia taxpayer rolls, "Poll 2, Slaves 3." (Augusta B. Fothergill and John Mark Maugle. Virginia Tax Payers 1782-87 Other Than Those Published by the United States Census Bureau. 1940)

John Asher's first two children were christened at Christ Church in Middlesex County, Virginia. (Parish Register, Christ Church, Middlesex County, Virginia, 1653-1812, Library of College of William and Mary)

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