Southampton County Virginia USGenWeb Archives Wills.....Joyner, Matthew, 1837 

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Matthew JOYNER (1782-1837), nuncupative will, established 15 May 1837 

As well as I recollect before Brother Neverson's day, Grandfather Wills made a 
will dividing his estate among his living grandchildren so that Nev. shared no 
part of it. I heard my Father speaking of it several times in the course of his 
life and it seemed to be his will and desire that he should be made equal to his 
other children not of his estate. A few evenings previous to his death myself and 
several other persons were sitting not far from his bedside and he asked me if I 
did not think it right that Neverson should be made equal to his other children. 
I told him that I thought it perfectly right. He uttered enough to satisfy me that 
he wished Neverson to have such a part of this estate that would make him equal to 
his other children so I feel it my duty to inform the court of it. From his mode 
of expression I as conscienciously believe it was his desire will or intention 
to make him equal to his elder children as I believe in my own existence. 

At a court held for the county of Southampton the 15th day of May 1837. On the 
motion of Neverson Joyner, an infant, by Josiah Joyner his next friend to 
establish the nuncupative will of Matthew Joyner deceased. It is ordered that 
Jane Joyner the widow of Josiah, Thomas, Elijah, Jane and Allen Joyner and 
William Peale, who intermarried with Mary, another child of the testator, 
be summoned to contest the same. Therefore the said widow and children appeared 
in court by their attorney and disposed with the summons. Whereupon Josiah Joyner 
and Thomas Joyner were sworn and examined. The court upon consideration of the 
evidence is of opinion that the said writing be established and recorded as and 
for the nuncupative will of said Matthew Joyner.
L. R. Edwards Clerk

NOTE1: Annotation in margin of above will states that order annulled March 1838. 
See Court Order Book 8 page 277 & 420
NOTE2: A nuncupative will is a verbal will that must have two witnesses and can 
only deal with the distribution of personal property. It is considered a 
"deathbed" will.

Order book 8 May 1837 Page 277
On the motion of Neverson Joyner, an infant, by Josiah Joyner his next friend 
to establish the nuncupative will of Matthew Joyner deceased. It is ordered 
that Jane Joyner the widow of Josiah, Thomas, Elijah, Jane and Allen Joyner 
and William Peale, who intermarried with Mary, another child of the testator, 
be summoned to contest the same. Therefore the said widow and children appeared 
in court by their attorney and disposed with the summons. Whereupon Josiah Joyner 
and Thomas Joyner were sworn and examined. The court upon consideration of the 
evidence is of opinion that the said writing be established and recorded as and 
for the nuncupative will of said Matthew Joyner.
Ordered that Josiah Joyner administrator of Matthew Joyner deceased render 
before Benjamin Griffin who is herey appointed a special commissioner for 
that purpose, an account of said Matthew Joyner's guardianship of his children 
and that said commissioner examine status and settle the same and make report 
thereof to this court.

Order book 8 March 1838 page 420
On the motion of Josiah Joyner - ordered that Benjamin Griffin who is hereby 
appointed special commissioner for the purpose do state, settle, and adjust an 
account of this said Josiah Joyners administration of the estate of Matthew 
Joyner deceased and make report thereof to the court.
On the motion of Josiah Joyner guardian to Jane, Allen, and Neverson Joyner 
orphans of Matthew Joyner deceased and it appearing to the court that the 
interest of said wards estate is insufficient for their support. It is 
ordered that the guardian be authorised to expend fifty dollars annually 
of principle - exclusive of interest- of each of said wards estate for their 
support and education.


Southampton Co., VA, Will Book 11, 1832-1837, p. 608
   The Library of Virginia (LVA), Richmond, VA 
   LVA, Southampton Co. Microfilm Reel 20 

Southampton Co., VA, Order Book, 1835-1839, pp. 277, 420
   The Library of Virginia (LVA), Richmond, VA 
   LVA, Southampton Co. Microfilm Reel 180 

images online at The Brantley Family Association Southampton Project: 
http://www.brantleyassociation.com/southampton_project/southampton_project_list.htm

[file transcribed by Dale Whitfield, (Whitfieldroots@aol.com), 
 and re-formatted by File Manager.] 

[GRIFFIN, JOYNER, PEALE, WILLS]