Orange County NcArchives Wills.....Stanford, Richard December 25, 1812 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume D, pages 486-489 Written: December 25, 1812 Recorded: May 1816 Testator: Richard Stanford In the name of God Amen, I Richard Stanford, being in sound health & memory, do constitute, & ordain this my last will & testament in manner & form, following, towit In the first place, it is my will & wish that all my just debts should be paid out of Debts due to me, my perishable property, & so much of my Bank Stock as may be farther re quisite to accomplish the same - & then I give & bequeath to my beloved wife my nigro fellow Stephen, my four wheel carriage, & my silver spoons for her own use & final disposal Item I give & bequeath to my two oldest daughters Ariana & Mary Mebane, nigro Phillis & her children & eight milch cows to be equally divided between them according to their mother's will also a bed & bedstead as intended by said will - also a walnut beauroe & table, & six split bottom chairs of Halls make, apiece & also one horse bridle & saddle apiece; also an half dozzen tea spoons apiece inclu- ding their mothers half dozzen all this is given in ample, ful filment of their mother's will & intention to secure to her own children the property to which she had given her - Further I give & bequeath at my decease a negro wench & child & my nigro fellow Jonathan, & the plantation & landed estate in one body on which I now live to my eldest daughter Ariana subject however to the following incumbrance, that is to say I will & bequeath to any & all the children of my second daugh- ter Mary Mebane, if one or more may live, & arrive at lawful age to receive & possess it one half of the value of said tract or parcel of land to be valued when the first shall come of age & payable accord- ingly each one its respective dividend or share without interest in the meantime. In default of such children attaining full age the said tract or parcel of land to be & remain in the possession & right of my said oldest daughter or her heirs forever. To said children also if one or more shall attain full & lawful age I give & bequeath an amount in money equal in value to said negro fellow Jonathan & negro wench & child, share & share alike so arriving at full age [page 2] & in default of such child or children, then the said amount of said negroes to fall to & belong to my said oldest daughter & her heirs forever Item & lastly I give & bequeath all the residue of my lands, negroes, & other property of what kind sosever, to my two ["my two" x-out] youngest children Laurin, & Adeline, & to any uterine brother or sister they may have, first setting off & giving however a third part of said residue to my beloved wife during her natural life if she shall think proper to claim the same including in that quota or third the above recited bequests to her self. And finally I constitute, & appoint my friends Thos. Snipes Esq & John Newlin the executors of this my last will & testament In witness whereof I have hereunto set my hand & seal this 25th day of December A.Dom. 1812 Test R Stanford (seal) "Mary Mebane" - "one" & "witness" interlined before signing Mark Durham [page 3] In the name of my heavenly father, Amen. I Richard Stanford, being in my usual health & of sound mind & memory, do constitute & ordain this my last will & testiment, by way of codicil to my former one, placed in the hands of my friend Thos. Snipes Esq. in manner & form following, to wit; In the first place I confirm to each of my children & legatees accordingly as I have given & be queathed in my aforesaid will, & disposition of my pro- perty, except that share fulfilled, & actually given to my daughter Ariana all I intended or intend of my per- sonal property except a saddle, buroe & table But the land remains for her as therein expressed, & conditioned And except, That instead, & in lieu of my home stead-place, which I bequeathed to my beloved wife during her natural life or widowhood, & then to my daughter Ariana (with conditions) (as well as I now re= collect) I give & bequeath to her during her single or natural life the seat[?] & plantation of her deceased father commonly called Mount Tirzah with all the adjoin ing land in her or my name - & then, & thereafter to the children of our marriage. Finally it is my will, that so much of my Bank stock, or other property of the personal kind should be sold, or disposed of in any way my exe- cutors T. Snipes & John Newlin may think proper under the advice of my wife for the discharge of my just debts, recommending, however, the reserving of as much of my Bank Stock as may be convenient, that the interest may be applied to the education of my children -- As witness my hand & seal this 22d day of Jan 1814. R Stanford (seal) [Will Book Volume D, page 486] In the name of God, Amen. I Richard Stanford being in sound health and memory do constitute and ordain this my last Will and Testament in manner & form following, towit, In the first place it is my Will and desire that all my Just debts should be paid, out of debts due to me, my perishable property & so much of my Bank Stock as may be farther requisite to accomplish the same - and then ----- I give and bequeath to my beloved wife my negra fellow Stephen, my four wheel carriage and my Silver spoons for her own use and [final] disposal Item I give and bequeath to my two Oldest daughters Ariana and Mary Mebane, Negroe Phillis and her Children & Eight Milch Cows to be equally divided between them according to their Mothers Will, also a Bed and furniture [bedstead] as intended by said Will, also a Walnut Bureau and Table & six split bottom [Will Book Volume D, page 487] chairs of Hall's make apiece, and also one Horse bridle & saddle apiece, also an half dozen of Tea Spoons apiece including theirs Mo -thers half dozen - all this is given in ample fulfil[l]ment of their Mothers Will & intention to secure to her own children the property [to] which she had given her, Further ---- I give and bequeath at my decease a Negroe Wench and child & my nigro fellow Jonathan and the Plantation and landed Estate in one body on which I now live to my Eldest daughter Ariana, subject however to the following incumbrance, that is to say, I will and bequeath to any and all the children of my second daughter Mary Mebane if one or more shall live & arrive at lawful age to receive and possess it, one half of the value of said Tract or parcel of land, to be valued when the first shall come of age, and payable accordingly, each one its respective dividend or share without interest in the mean time. In default of such children attaining full age, the said Tract or parcel of land to be & remain in the possession & right of my said Oldest daughter or her heirs forever. To said children also if one or more shall attain full and lawful age, I give and bequeath an amount in money equal in value to said Negro fellow Jonathan & negro wench & child share & share alike so arriving at full age, and in default of such Child or Children, then the said amount of said Negroes to fall to, and belong to my said Oldest daughter and her heirs forever. Item, and lastly I give & bequeath all the residue of my lands, Negroes and other property of what kind sosever; to my two youngest children Laurin and Adeline, & to any uterine brother or sister they may have first setting off and giving however, a third part of said residue to my beloved Wife during her natural life, if she shall think proper to claim the same, including in that quota or third the above recited bequests to herself ---- And finally I constitute, & appoint my friends Thomas Snipes Esq & John Newlin the Executors of this my last Will and Testament. In witness whereof I have hereunto set my hand and seal this 25th day of December ADom 1812 Test. Mark Durham R Stanford (seal) [Will Book Volume D, page 488] In the name of my Heavenly father Amen. I Richard Stanford being in my usual health and of sound Mind and Memory do constitute and Ordain this my last Will and Testament, by way of Codicil to my former one placed in the hands of my friend Thomas Snipes Esqr. in manner and form following (to wit) In the first place I confirm to each of my Children and legatees accordingly as I have given and bequeathed in my aforesaid Will and disposition of my property, except that share fulfilled and actually given to my daughter Ariana all I intended or Intend of my personal property except a saddle Bureau and Table But the land remains for her as otherwise [orig: therein] expressed, & conditioned And except that instead and in lieu of my Homestead-place which I bequeathed to my beloved Wife during her natural life or Widowhood and then to my daughter Ariana (with conditions as well as I now recollect) I give and bequeath to her during her Single [or] natural life the seat and plantation of her deceased father common -ly called Mount Tirzah with all the adjoining land in her or my name & then and thereafter to the Children of our Marriage Finally it is my Will that so much of my Bank stock, or other property of the personal kind shou[l]d be sold or disposed of in any way my Executors T. Snipes and John Newlin may think proper under the advice of my Wife for the discharge of my Just debts recommending however the reserving of as much of my Bank stock as may be convenient, that the interest may be applied to the education of my children ~~~ As Witness my hand and seal this 22d day of January 1814. R Stanford (seal) Orange County May Term 1816 Whereas a paper writing bearing date the twenty fifth day of December in the year of our Lord one thousand eight hundred and twelve, and another paper writing bearing date in the twenty second day of January the year of our Lord one thousand eight hundred and fourteen, purporting to be the last Will and Testament of Richard Stanford decd. having been exhibited in Open Court for Probate, Mark Durham, Thomas Snipes [Will Book Volume D, page 489] John Taylor Thomas Ruffin & Thomas Bilbo were called and duly sworn and the said Mark Durham deposeth that the said Richard Stanford shewed him the paper writing first aforesaid signed and sealed by him and request him the said Mar Durham to subscribe his name to it as a Witness, which he did in the presence of the said Richard Stanford and that he the said Richard Stanford was then in perfect mind and memory And the said Thomas Snipes deposeth that the said Richard Stanford delivered the paper writing first aforesaid to him the next day after it was written to be safely kept declaring it to be his last Will and Testament, that the said Richard Stanford was then in perfect mind and memory and that he hath kept the said paper writing ever since That after the death of the said Richard Stanford he found the paper writing last aforesaid in a drawer amongst his other valuable papers and the said Thomas Snipes, John Taylor, Thomas Ruffin & Thomas Bilbo deposed that they verily believe the name Richard Stanford signed to the said paper writings to be in the proper hand writing of the said Richard Stanford and that the whole and every part of the said paper writings are in the proper hand writing of the said Richard Stanford It is therefore adjudged by the Court that the said paper writings are the last Will and Testament of the said Richard Stanford decd. and that the same be recorded and that letters Testamentary be issued to the Executors therein named, who at the same time qualified accordingly Test Additional Comments: Will Book Volume D, pages 486-489 Recorded May 1816 There is a second, handwritten copy of the loose will. Estate Papers comprise 39 pages and are found in a folder labeled "Stanford, Richard (1816)". Testator died in 1816. The testator's widow Mary M. married _____ Stith. Adeline Stanford married Edward L Travis. Ariana Stanford married Elijah Graves. Caroline Stanford "died in Person County in September or October 1816 being young & intestate." Inventory taken 15 Jun 1816 states that there were eleven negroes at that time. [Estate Papers - Decree Feb 1821] Decree Mary Stanford & others } against } Thos. Snipes & John Newlin Exors of Richard Stanford decd. The cause coming on to be heard upon the petition & Exhibits & the former[?] orders made3 in the cause & the Report of the Clerk at this Term & Counsel being heard & the while matter being considered & understood by the Court: It is ordered & adjudged & decreed, that the Report made by the Clerk be confirmed; & the Division made of the Slaves be also be confirmed & that the Defendants deliver over the same to the petitioners that is to say to the Petitioner Mary, the Slaves Saloman & Savony; to Portius Moore, guar -dian of Laurin Stanford, the Slave Henderson; to the said Portius guar dian of Adeline Stanford, the Slave Cynthia; to the said Portius guardian of Richard Stanford, the Slaves David & Anderson; & to said Portius admi -nistrator of the Estate of Caroline Stanford, the Slaves Henry & Young Stephen; and it is further ordered & decreed by the Court that the petitioners Mary pay as the difference in value between he Lot & those of the other petitioners the following sums, viz, to said Laurin the sum of $16.75; to said Adeline the sum of $66.75; to the said Richard, the sum of $18.75 & to the Estate of said Caroline the sum of $18.75, which payments shall be made forthwith to said Portius as guardian & adminor. as aforesaid: --- And it is further ordered & decreed, that the defendant Thomas Snipes pay to the petitioners the sum of $124.21, being the balance of monies in his hands belonging to the Estate, that is to say, the sum of $41.40 to the petitioner Mary & the residue thereof to the said Parties as guardian & adminis trator as aforesaid - subject nevertheless to the payment of the costs of this Suit as hereinafter ordered: -- And because by the Will of the Testator Richard Stanford decd. a sum of money equal the value of a certain Slave Jonathan & a negro wench & child is to be raised out of the residue of his Estate for the Child or Children of this daugh ter Mary M. Stith or for Ariana Graves (according to the happening of certain contingencies in the Will stated) the Court further orders & decrees that, as a fund to raise the said Legacy & also to defray all further costs & charges touching the suits mentioned in the Report of the Clerk or other demands on the Estate, the Defendants retain, keep & re- -serve in their hands (until the further order of the Court) Thirteen Share of the Capital Stock in the State Bank of North Carolina & One Share & one fourth of a share of the Stock of the Cape Fear Navigation Company, together with all Interest, profits & dividends (that [page 2] May hereafter accrue thereon: And the Court doth hereby declare the said Sum of One Thousand Dollars to be a fair & reasonable price & value for & of the said Jonathan, the negro wench & child: --- And it is further ordered & decreed, that within three months hereafter the Defendants transfer to the Petitioners in proper & legal manner on the Books the State Bank of North Carolina the remaining Twenty Seven Shares of Bank Stock that is to say, to the petitioners Mary Nine of the said Shares & to the said Parties as administrator & as guardi -an as aforesaid the other Eighteen Shares: And the said payments of money, transfer of Stock & delivery of Slaves shall be made only after the petitioners shall create proper refunding Bonds to be appointed of by the Defendants & the Clerk of this Court according to Law: And it is further ordered by the Court that out of the said Monies in the hands of the defendants Snipes the costs of this Suit & be paid in the first place & an equal Share thereof deducted from the part? of? each of the petitioners: And the Court doth allow the Clerk the Sum of Ten Dollars $10: for taking the account & reporting in this cause: And it is farther ordered & decreed by the Court that bond[?] be given & reserved to each of the petitioners & defendant & also to Ariana Gave & her husband & to the Child or Children of Mary M Stith to move from time to time for further orders Y proceedings in this Suit as regards the Debts of Caleb Lindsay & the Suits with him & the demand on the Estate of ___________ Goodwyn dcd., & the said Legacy to the said Ariana or the Children of said Marh Mebane, & the said Stocks received & retained by the defendants & the Intersts & profits & proceeds tehreof & how the same shall be appropri ated. -- [Estate Papers - Report to Court Feb 1821] To the Worshipful Justices of the Court of Pleas & quarter Sessions for Orange County: -- The Clerk of the Court to whom the case of Mary Standford[sic] & others against Thomas Snipes & John Newlin Executors of the Will of Richard Stanford[sic] deceased was referred to audit & settle The account of Receipts & disbursement of the Defendants or Exe -cutors as aforesaid & also to divide the Slaves belonging to the Estate & subject to division among the petitioners, hath perform -ed that duty & begs leave to Report: That, having called to his assistance Wilie How Esq & Rankin McKee Esq. to value the slaves he found that there were Eight in number whereof he finds the value to be as follows, that is to say Saloman & Savory his wife are worth $800:; Henderson is worth $450:; Cynthia worth $400:; David is worth $300:; Anderson is worth $200:; which I allotted to the petitioners as follows, viz, to the Petitioners Mary Standford the Slaves Salomon & his wife Savony; to Laurin Standford, the Slave Henderson; to Adeline Standford, the Slave Cynthia; to Richard Standford, the Slave David & Anderson; & to Portius Moore as administrator of the Estate of Carolina Stanford the Slaves Henry and Young Stephen: all at the prices aforesaid: - I further find that these Slaves remain on hand after the payments of the Debts of the Testator; & that the Testator gives to the petitioner Mary for her life one third part of the residue of his personal Estate after the payment of his debts, & specific legacies including in her Share a Slave called Stephen, a four wheel carriage & his Silver Spoons given to her in the will: I find the value of the said Stephen at the death of the Testator to be $100:; also the value of the car -raige to be $100:; & the value of the spoons to be $50:- I find therefore the whole value of the said Slaves & other chattels to be $2800: whereof one third part is $933 the Specific Legacy left the said Mary is of the value of $250 & the Slaves allotted to her of the value of $500 making together the sum of $1050:, which exceeds the said sum of $933: by the sum of $117, which she accordingly owes to the other petitioners in the proportions following, that is to say, to the said Adeline, the sum of $66:75, & to each of the others the sum of $16:75; -- All which will fully appear by reference to the ac -count hereto annexed marked A.-- [page 2] - I beg leave further to report, that proceeding to take the said accounts of the defendants, I called all the said parties before me & the said Portius for himself & as guardian for the Infant petitioners Laurin, Adeline & Richard & on behalf of Wm Standford decd accord -ingly allotted me, or also did the Defendants: And the said defendant Thomas Snipes (who has transacted all the business of the Estate) rendered the account of the Receipts & disbursements of the De -fendants for & on account of the Estate of which is hereunto an -nexed & marked B) whereby it appears that the whole amount of money received by the defendants (which was wholly by said Snipes) for the proceeds of sales of personal property, debts & from all other sources has been & is $16087.68 & the whole account of disbursements in the payment of Debts of the Testator, Interest & charges &c on all other accounts is $14513.47, which with the sum of $1450; here -tofore allowed by the Court to the said Snipes for his commissi -ons make an aggregate of credits, to which the Executors or rather the said Snipes is entitled, amounting to the sum of $15963.47:- which being deducted from the said sum of $16087.68, leaves a balance in the hands of said Snipes of $124.31 subject to distribution among the petitioners in the proportions following, that is to say, to Mrs. Stanford, the sum of $41.40 & to each of the other petitioners the sum of $20.70 1/4 - - I further report, that I find the accounts aforesaid rendered by the said Snipes to be correct & only supported by legal vouchers or proper proof as admitted by the parties: --- I further find that the defendants by their own admission, still hold as Executors Forty Shares of Stock of the State Bank of North -Carolina, & also one share & one fourth a share of the Stock of the Cape Fear Navigation Company subject to distribution among the petitioners: And also that there is Stil[l] uncollected a Debt owing to them by Caleb Lindsay on a Bond for about $300:; The same is now in suit in the Superior Court of Law & Court of Equity for Chat -ham County: And also that there is a demand on the Estate of the last Colo. ________ Goodwyn of Dinwiddie County in Virginia for about $100:- These debts are doubtful; but if they should be collected, the proceeds will be a further fund for distribution according to the future order of the Court: I further report that the Testator by his Will gives out of the Residue of his personal Estate to such Child or Children of his daughter Mary Mebane Stith as shall attain full age [page 3] (if any such there be) an amount in money equal in value to his negro Slave Jonathan & a negro wench & child to be divided among them so arriving of full age share & share alike; & in default such Child or Children, then the said sum of Money to fall to & belong to the Testator's daughter Ariana:- I further report, that the said Mary M Stith is now married to Andrus Stith & hath issue now living ______ Children & that there is every probability that her Child or Children will arrive to the age of 21 years; and that therefore it is proper that the Executors should retain some property or fund of such value as will amply secure the payment of the said Legacy to the Children of said Mary M Stith or Ariana Graves as the case may be:- I further re -port the value of the said Slaves Jonathan, negro wench & child, as the same has been computed by the Executors & admitted in the petition & as I supposed reasonable, to be one Thousand Dollars; and Report[?] that the said Cape-Fear Navi gation Stock & thirteen Shares of the said Bank Stock is & will be a reasonable & sufficient security for the costs of the said Suit with Caleb Lindsay & for the said Legacy to the Children of said Mary Mebane Stith or the said Ariana: Wherefore it appears, that 27 shares of the Bank Stock can now be distributed among the petitioners, that is to say, to Mary Stanford, nine shares & to the petition Laurin, Adeline, Richard & Portius as adminor., the other Eighteen shares ~~~ All Which is respectfully Submitted. ~~~~ J. Taylor [Estate Papers - Account annexed to report Feb 1821] [Miscellaneous entries related to slaves - some incomes, some expenses] June 1816 Recd from Wm H Goodloe for the redem[p]tion of } Negro Man Hendman, held by Mr. Stanford } 200.00 one a contitonal purchase } Jany. 1817 To cash pd for 4 yds of Negro Cloth at 50 cents 2.00 To 6 1/2 at 55 Cents 3.57 To 1 pr of Negro stocking 0.60 To Cash Advanc'd Mr Stanford to buy Medicine for Negro Stephen 2.00 To " pd Doctor Vanstory for Medicine for Do Do 10.00 To 55 1/4# of Bacon furnished Negroes at 15 Cents 8.28 To two side of leather for Negros Shoes 5.50 To Necessaries furnished Negro Sabrey when lying inn } and paying midwife } 3.30 To quart of Brandy for Negro Stephen 0.35 To Case Dr. Moses for Attending on Negro Stephen 5.80 To " pd Mrs Stanford for Weaving Negro Cloth 2.50 To 2 pair of out sole for slaves 0.60 June 1817 By sale of Negro Woman and two Children 750.00 By sale of Negro Man Jonathan 450.00 Jany 1818 To Boarding and cloathing Negro Child one year 15.00 By the sale of Negro Liske 600.00 By the hire of Negroes last year 143.00 Jany 1819 By hire of Negroes last year 105.00 Jany 1820 By hire of Negroes last year 60.00