Will of James Stinson, Jr. - 1857- Warren 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. ************************************************************************ File contributed by Vern Stinson vstinson@ctaz.com ******************************************* I, James Stinson of Warren County, Virginia, do make this my last will and testament. I will and devise to my wife during her lifetime one hundred and fifty acres of the farm on which I now reside, embracing the dwelling house and other buildings, consisting of the Mathis and Hawkins tracts and bounded as follows: beginning at three white oaks and a cedar near a sink hole and a cliff of rocks in or near the line dividing the Hawkins tract from the land of Jonas Hockman and running thence N. 30 degs E 48 poles to a white oak; thence W 18 degs E 76 poles to a black oak and hickory on a hillside above an old road; thence W 41 degs E 26 poles to a red oak and white oak sapling; thence W 25 degs E 52 poles to two pines red and chestnut oak on a hillside in or near the line between the Hawkins and Andrew McKay tracts; thence with three lines S 61 degs E 86 poles to a stone pile in the Mathis line; thence W 10 degs E 37 poles to a large chestnut red oak and gum; thence S 41 1/2 E 33 po les to a red oak and hickory near the main road; thence S 13 1/2 degs E 22 poles to a locust and dividing the spring at the point of the rocks; thence N 79 E 6 poles to a locust; thence S 39 1/2 E 40 poles to an apple sprout on the point of a hill; thence S 45 1/4 E 60 poles to a red oak and chestnut in or near another line of the Mathis tract; thence with the Mathis line W 80 degs W to the intersection of the Hawkins lines; thence with the Hawkins line S 219 W 146 poles to three hickories, one of Hawkins's corners; thence W 61 W to the beginning, containing one hundred and fifty acres, more or less. I also will and bequeath to my said wife absolutely one third of my personal property which I may have at the time of my death; but this is not to include any money that may be due to me except one hundred dollars which I devise she shall have. The foregoing devise and bequest to my wife is made in lieu of and in full satisfaction of the marriage contract between us dated the 28th day of December 1857 and recorded in the clerk's office of Warren County and upon condition that she shall make no claims under said contract or other demand upon my estate. I will and devise to my son, William F. Stinson, in addition to the land I have heretofore conveyed to him by deed, the farm with it appurtenances on which he now resides, embracing two several tracts, one of which, containing twenty-seven acres, I have already conveyed to him, and the other tract hereby devised to him, containing three hundred and ten acres, more or less; also his interest in the lot of land which in the division of James Roy's land was allotted by commissioners to his mother. I will and devise to my son, James M. Stinson, my farm on the South River known and called by the name of 'Hazard Farm,' containing four hundred and forty-four acres, more or less; also the island containing seven and three-fourths acres, together with the merchant mill and other improvements belonging to said tract of land; also the lot or tract of land which I purchased of James M. McGeny (?) with the back land attached thereto situated on the northwest side of South River, containing one hundred and fifty avres, more or less; also one half acre of land of the Mathus tract near the old mansion house, including the graveyard, and my request to my said son is that he will take good care of the same and that it be retained and used as our family burying ground, and I direct and require that a right-of-way twelve feet wide be allowed and established from the main road to the said grave yard for the use of all members of my family. I will and devise to my son, James M. Stinson, in trust for the sole and separate use of my daughter, Maria Louisa Hall, wife of Richard F. Hall, for and during her life, all that portion of the Mathis tract of land not herein before devised to my wife and my son, James M. Stinson, including the old mansion house and the Bentonville property and containing three hundred and twenty-eight acres, more or less; also one half of the lot of land which in the division of the land of James Roy, dec'd, was allotted to her mother, which half is to consist of her own share and the share of my son, the said James M. Stinson, but the said property is not to be subject in any wise to the control, debts, or encumbrances of the said Richard F. Hall, and after the death of the said Maria Louisa Hall, the said property shall belong to her children or their descendants, but if she shall have no child or descendants, the said property shall pass as herein after decided. I will and bequeath to my daughter, Sarah Eliza Fristoe, wife of Milton T. Fristoe, all my right, title, and interest in the land called the 'Rouly Smith Farm,' now in possession of William H. Triplett or his son Edwin under a contract of lease; also the remainder of the following debts due to me from Ann E. Pennman, to wit: One of five hundred dollars, one of four hundred dollars, and one of eight hundred and thirty-three dollars and ninety cents with the interest due or which may accrue on said debts secured upon a house and lot in Winchester, formerly belonging to the heirs of Genl. Singleton, dec'd, I having heretofore given one thousand dollars of said debt to her husband, Milton T. Fristoe; and it is my will and intention that he shall not in any wise be accountable or responsible for the same. I also will and devise to my said daughter, Sarah Eliza, her own share, being one fourth, of the James Roy lot of land herein before mentioned; and I also devise to her the one hundr ed and fifty acres of land herein before willed to my wife, subject to the life estate of my wife, but if my said daughter, Sarah Eliza, shall die without leaving any child or descendant, the said parcel of one hundred and fifty acres of land shall pass as herein after decided. After the payment of my debts I devise and bequeath all the rest and residue of my estate, real and personal (not herein before disposed of) to my son, James M. Stinson. I have heretofore given to each of my children more or less of property, money, and other things as their wants seemed to require; and it is my will that no accounts or charges shall be made against them or either of them for the same. And if any of my children shall claim that I am indebted to them for services or for any other account, the same shall be taken out of the property herein devised or bequeathed to the child setting up such claim. I nominate and appoint my son, James M. Stinson, to be the executor of this my will. In testimony of which I hereto sign my name with my own hand this 10th day of May 1867. James Stinson Witnesses: Giles Gook W.W. Eastham At a court held for the County of Warren at the Courthouse thereof on Monday the 17th day of May 1869, the last will and testament of James Stinson, dec'd, was proved by the oaths of Giles Cook and William W. Eastham, witnesses thereto, and ordered to be recorded; and on motion of James M. Stinson, the executor therein named, who made oath and together with Isaac N. King, Thomas B. Massie, Charles White, and Stephen D. Boyd, his securities, entered into and acknowledged a bond in the penalty of fifteen thousand dollars; conditioned as the law directs, certificate is granted to him to obtain probate of said will in due form of law. Teste E- Baker CWC