Will of Mary M. STOKES-CLAIBORNE

Mecklenburg County Virginia
Dated - October 17, 1839
Probated - January 19, 1846
Will book 16, page 228-229

I Mary M. Claiborne of the county of Mecklenburg and state of Virginia do make and ordain this instrument of writing to be my last will and testament.

First, it is my will and desire that the tract of land whereon I now live, all my household and kitchen furniture and stock of every ___?___ be sold on account of ___?___ and out of the proceeds thereof my just debts be paid and the balance to be disposed of in manner and form following.

Second, I give, devise and bequeath unto my son Phillip D. Claiborne the sum of one dollar to him and his heirs forever.

Thirdly, I give, devise and bequeath unto my son William B. Stokes the sum of one dollar to him and his heirs forever.

Fourthly, I give, devise and bequeath unto my daughter Elizabeth B. Elam, the wife of Reps J. Elam, the sum of one dollar to her and her heirs forever.

Fifthly, I give, devise and bequeath unto my daughter Sally M. Bysser(?) the wife of John Bysser(?) the sum of one dollar to her and her heirs forever.

Sixthly, I give, devise and bequeath unto my daughter Catherine C. Weatherford the wife of William Weatherford all the money I may have on hand at my death also all the money that may be due or become due for ___?___ together with all the residue of my estate not otherwise disposed of to him and his heirs forever.

Lastly, I nominate and appoint William Weatherford and Robert Saunders, executors to this my last will and testament and that no security be required for the just performance of the office hereby revoking all other former wills by me heretofore made.

In testimony whereof I have hereunto set my hand and affixed my seal this 17th day of October in the year of our Lord one thousand eight hundred and thirty nine.

Mary M. Claiborne

Signed, sealed and delivered in the presence of

R. Saunders, Jr.
David Thompson, Jr.
John(?) Booth

At a court held for the county of Mecklenburg at the courthouse thereof on the 19th January 1846 the foregoing last will and testament of Mary M. Claiborne was this day presented in court and justly proved by the oath of David Thompson, Jr. one of the subscribing witnesses and ordered to be recorded and on the 18th of February 1846 the same was again produced in court and justly proved by the oath of John Booth another subscribing witness thereto and ordered to be recorded and Robert Saunders one of the executors therein named by his letter addressed to the court refused to take upon himself the burdens of the execution thereof and it appearing that William Weatherford the other executor in the state of Tennessee and on motion of D.J. Bysser(?) who made oath thereto and together with John Booth his security entered into bond in the penalty of $200 conditioned according to law certificate is granted him for obtaining letters of administration with the will annexed in due form.

Teste Richard B. Baptist, cc

Earlier Order Book Entries relative to this family:

Mecklenburg County Virginia
Order Book 10, page 187
Stokes entries, no dates.

[LVA shows Meck. Co. Reel 38 Order Book No. 10 includes 1798 - 1801/ JGS]

Atway Byrd, executor of William Munford, deceased (plaintiffs)

Against

Mary M. Stokes, adminstratrix and David Street, administrator of David Stokes, Jr., deceased and Elizabeth B. Stokes, Sarah M. Stokes, William B. Stokes, and Mary M. Stokes children and heirs of the said David Stokes, deceased by Mary M. Stokes who is assigned their guardian to defend suit and the said Mary M. Stokes as widow and entitled to dower of the estate of David Stokes, deceased. (defendants)

It appearing to the court that the sale did not take place according to the decree of November court last therefore it is ordered that the commissioners formerly appointed or any three of them do proceed on the Saturday after next at Samuel ___?___ and thereto execute the said decree and make report to the court.

Mecklenburg County Virginia
Order Book 10, page 243

Ordered that Thomas A. Jones be appointed guardian of for the special purpose of defending their interest in chancery at the suit of Leonard Claiborne and Mary his wife late Mary Stokes who was the widow of David Stokes, deceased.

Leonard Claiborne and Mary his wife late Mary Stokes who was the widow and relict of David Stokes, deceased (plaintiffs)

Against

Elizabeth Stokes, Sarah Stokes, William Stokes and Mary Stokes infant children of David Stokes, deceased by Thomas A. Jones specially assigned by the court their guardian for the purpose of defending this suit (defendants)

By consent of the parties by their counsel and guardian respectively this cause came on to be heard. On consideration whereof it is decreed and ordered the Richard Kennon, Edward Jones, Joseph Gregory, Samuel Christian, George H. Baskervill and Abraham Keen, gent or any three of them do lay-off and assign unto the plaintiff Mary her dower in the lands of the said decedent and make report thereof to the court.

Submitted by Kent A. Elam Jr.