Will of Peter Stainback, Jr. of Lunenburg Co., Va. 1828/1829

Submitted 11-5-00 by Doris S. Blythe

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 In the name of God Amen I Peter Stainback of the County
of Lunenburg being in a low state of health, true sound mind
and perfect understanding, do make this my last will and testament,
in the following manner viz: I loan to my wife, during her natural
life, all my estate, both real and personal, except such part as I
may herein otherwise dispose of, to enable her to maintain and
educate such of my children as are now under age - If for the payment
of my debts she may prefer to sell some part of my land rather than
the personal estate, she is hereby authorized to do so, provided a
fair price can be obtained. Having loaned to my daughter Mary
Robertson two negroes Ned & Betty, it is my desire after all my debts
shall have been paid, for them & their increase to be added(?) to my
estate, and my said daughter Mary draw an eighth or a childs part of
my negroes, giving her the right to take said Ned & Betty as part,
or should they be valued at more than her part, to pay to my estate
such excess. It is further my desire that when my son Peter and
daughter Dorothy shall become of age or marry, that they respectfully
draw their equal part of my negroes that may at that time be in
possession of my wife. The balance of my estate I loan to my wife or
in the event of her death, to my executor for the exact purpose of
maintaining and educating my five youngest children to wit: Ashley,
John, William, Virginia, and Charles until the youngest arrives at
the age of sixteen, then such balance of personal estate as may be
on hand to be equally divided among my said five youngest children.
But if my wife prefer to hold said balance of personal estate or a
part thereof during her natural life, she is authorized to do so upon
condition that she maintains them respectively until they get their
share of the personal estate. If the undivided part of each of my
five youngest children shall be less than the seperate share of my
three oldest at the time they receive their fortune it is my will
that they be made equal out of a sale of my land, although I have
directed the whole of my land to be sold when the youngest child
Charles arrives at the age of sixteen, it is still my wish and desire
if my wife see cause with the advice of the executors, to sell the
whole, or exchange it for a tract of less value, she is authorized to
do so, (if sold) the proceeds arising therefrom to be equally
divided among my eight children to wit: Mary, Peter, Dorothy,
Ashley, John, William, Virginia & Charles. It is my desire that
none of my stock, crop, household and kitchen furniture, plantation
utencils be sold unless with the consent of my wife. I nominate
and appoint my wife executrix and William Robertson, Spencer Thomas,
William Thomas and my son Peter Stainback, Executors of this my last
will and testament. In testimony whereof, I have hereunto set my
hand and affix my seal the 23rd day of July one thousand eight hundred
and twenty-eight (1828).
Signed, Sealed & Delivered Peter Stainback
in the presence of
Upton Edmondson
Harris Edmondson

My will is there shall be no inventory of my estate except by
my Executors and that not to be recorded. Further if a division
should take place I wish my executors to appoint two or three good
men for that purpose without the expense of an order of court.
Further: When Peter and Dorothy become of age, their negroes can
remain on the plantation with their mothers if they wish it. If any
disputes arise respecting my estate I wish the executors to appoint
two good men to adjust them.
Interlined before signed Peter Stainback
Upton Edmondson
Harris Edmondson

In Lunenburg County Court, October 12, 1829
 The last will and testament of Peter Stainback dec'd together
with the codicial thereto annexed were proved by the oath of Upton
Edmondson and Harris Edmondson witnesses thereto and are ordered to
be recorded and on the motion of William E. Robertson and William
Thomas who of the Executors therein named, who made oath thereto and
together with Daniel H. Robertson, John C. Irby and Jacob White their
securities entered into and acknowledged a bond in the penalty of
$20.00 conditioned as the law directs, certificate is granted them
for obtaining a probat of the said will in due form: liberty being
reserved to the Executrix and the other Executors named in the said
Will to join in the probate where they shall think fit.
Test. W. H. Taylor