Will of Peter Stainback, Jr.

Lunenburg Co., Va. 1828/1829
Submitted 11-5-00 by Doris S. Blythe

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

[codicil]
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