Will of James Stinson, Sr. (b. 1760; d. October 22, 1830)--Shenandoah County, Virginia ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************ Submitted by Vern Stinson vstinson@ctaz.com ************************************************* In the name of God, Amen. I, James Stinson, Senior, of the County of Shenandoah, Beckford Parish and State of Virginia, being in perfect health (Blessed be God) and of a sound mind and memory, considering the certainty of death and the uncertainty of the time thereof, do make this my last will and testament, that I may be the better prepared when it pleases God to call me hence. First, and principally, I commit my soul into the hands of Almighty God and my body to the earth, to be decently buried at the discretion of my hereinafter named executor. Secondly, I give and bequeath unto my beloved wife Mary all my household furniture and one Negro girl named Rhody, for her to have and to hold as her property and to do with as she pleases or to will to who she pleases, but is to be considered as part of her dowry; also the third part of all my personal property with the slaves during her natural lifetime; also the third part of all my deeded land during her natural lifetime, and then this property, after her death, to go to my two sons, John & James, as I may hereinafter bequeath. Thirdly, I give and bequeath unto my son, John Stinson, the tract of land whereon he now lives on Flint Run, containing about one hundred & thirty-two acres, more or less, and being the land I purchased from Henry Harding & wife Delilah, bearing date September 8th, One thousand seven hundred & ninety-five; also one other tract adjoining the aforesaid, containing two hundred and sixteen acres, more or less, and conveyed to me by Isaac Overall and bearing date the 10th day of December, One thousand eight hundred & four; also a small tract or parcel of land out of the several tracts that was conveyed to me by James Mathes, Senior, and Sarah his wife-- he is to have out of said land as follows to wit: Beginning at a bridge in John Boyd's road several hundred yards from the sign board, then running a southwest course to and with a meadow fence, thence a southwest course to a stone corner which I made at the lower end of an old bridge in the old road, then nearly the same course to a marked white oak at the far corner of another meadow in the same tracts, thence nearly an east course with a dividing fence to a tall pine and white oak marked, thence nearly southward along another fence across the cleared land course continued to the back line to the back part of said land; which land is to him and his heirs or assigns forever. Fourthly, I give and bequeath unto my son, James Stinson, the remainder of the above named parcels of land which doth not fall to my son John, of the said land containing by conveyance or deed two hundred and fifty-two acres, more or less, bearing date the seventh day of September, One thousand eight hundred and one; also one other tract assigned to me by James Mathes by plot and granted by John Page, Governor of Virginia, known by No. 369 and bearing date the eleventh day of June, One thousand Eight hundred and three, containing one hundred acres, more or less; also one other tract conveyed to me by Thomas Hawkins, containing two hundred and fifty-five acres, more or less, bearing date the 2nd day of April 1796; also the tract I now live on containing 310 acres lying on the east side of the south fork of the Shenandoah River and adjoining the lands of George Leath and the heirs of Thomas Allen. Whereas there is some incumbrance on the land I now live on, it is my will that my son, James Stinson, shall pay all the incumbrances and debts thereon and also all other just [debts] that may ever come against me or against my estate after my death out of his moiety or part which is willed to him in this my last will and testament and that none of the rest of my heirs be bound or made pay any part of the debts that have occurred or may occur on this my estate, but have what is bequeathed to them clear and without incumbrance or debts on them from me or my estate, and by my son, James Stinson, so paying such debts as aforesaid, he shall have the bequeathed land to him for him to have and to his heirs and assigns forever. Fifthly, I give and bequeath unto my grandson, Wiley S. Roy, the tract of land which was granted to me by Linah Sims, Governor of Virginia, bearing date the 26th day of November, 1813, containing 286 acres, more or less, and adjoining the lands of Thomas Allen and Stover and Spangler, for him, the said Wiley S. Roy, and his heirs and assigns to have forever. Sixthly, I give and bequeath unto my daughter Anna Roy, late Stinson, & her heirs, Wiley S. Roy included, two tracts of land: viz., the one is the tract that was conveyed to me by the said William Roy by deed, bearing date the 30th day of December, 1817, lying on the north side of the south river; the other tract lying on the opposite or east side of said river a small distance below said land and is the land whereon William Roy now lives and is included in the same deed of the hundred acres above mentioned, which land I bequeath to them in the following manner, to wit: William Roy, my son-in-law, is not capable of conducting his own affairs; therefore, he himself is entirely excluded from managing any part of my estate; I therefore wish, and it is my will, for my hereinafter named executor to manage the land in this clause in the following manner: that is, that Anna Roy and her children shall have the rent or profit thereof, except the place I now rent to Wiley S. Roy & Joseph D ay for three years, but after that time the entire profit of both tracts shall be to the said Anna Roy and her children, and shall not be sold by them or any of them until her youngest child attains the age of twenty- one, and not then without the consent of my daughter, Anna Roy, if she is then living. Seventhly, it is my will that the slaves and personal property not yet mentioned in this, my will and testament, be divided in the following manner: viz., my son, John Stinson, is to have the slaves Jenny, Liza, and George and Mariah, and the third part of my stock; and my son, James Stinson, is to have the slaves Anna, Jeremiah, and Dice, and after my wife's decease to have Harry and the remainder of the stock left; and my daughter Anna Roy is to have Lucy, but on the same terms as of the land mentioned in the sixth clause in this will, to her and her heirs; and I give and bequeath to my granddaughter, Polly Day, late Roy, a small Negro girl named Harriet, to her and her heirs forever. Eighthly, it is my will that if any of my heirs be dissatisfied with this, my last will and testament, so much as to bring any lawsuit of any sort or make any cost unnecessarily, all such cost arising shall be paid out of the property bequeathed to them in this, my last will and testament. Ninthly and lastly, I do hereby constitute and appoint my son, James Stinson, Jun., my sole executor of this, my last will and testament, and none other, to have everything herein mentioned performed according to the true meaning of this, my last will and testament, and according to law done this tenth day of January, A.D. One thousand eight hundred and twenty-five. N.B. If it should please God to call me off and any deed or conveyance left undone by me to any person of sale of land or any matter of that kind, I do hereby authorize and appoint my above named executor to sign any such deed or conveyance, whatever may be the same, as if I was to do it myself. Signed, sealed, & delivered in the presence of us or in the presence of each other... James Stinson {seal} George Bowman Gibson N. Roy Robert Lockhart (Proved: 8 November, 1830)