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Will of John I. Stampley

Submitted by Karen Gately


Last Will and Testament of John I. Stampley decd Filed Dec 28 1846

I John I. Stampley of the county of Jefferson in the state of Mississippi make this My last will and Testament revoking all others.

First, I direct that all of my just debts and funeral and testamentary expenses may be paid by my executor herein after named, with all convenient speed. After my decease, but I direct that my personal estate shall remain undivided and worked on my plantation till the income and profits of my estate shall amount to funds sufficient to satisfy my said debts, funeral and testamentary expenses, and which I direct to be applied in payment of the same.

Second, I give and bequeath to my son Stephen, all of the following named Negro Slaves to wit: Milly, Little Rachel, Aaron, Big Jack, Clarrisa and Pegga, being six in number, which are in addition to six hundred acres of land being the same tract on which my said son now resides. Also the following named Negro Slaves to wit: Jacob, Eliza, Bob and Handy personally bequeathed to my said son Stephen.

Third, I having bequeathed to my son Zebidee in his lifetime the following named Negro Slaves to wit: Dave, Balteese, Garrett, Agga, Jo, Tina, Leoyd, Wallace and Big Ann. I now give and devise to his son and my grandson, Cicero Zidon, the following described tract of land together with the appurtenances thereon and lying in Jefferson County containing seven hundred and seventy acres more or less and bound on the North West by lands belonging to the estate of Washington S. Burch deceased, on the South West by lands of Jessee H. Darden and on the East by lands owned by John H. Collier, it being the same tract on which my said son Zebidee resided at the time of his decease.

Fourth, I give and bequeath to my daughter Zenobia, wife of John D. Burch, the following named Negro Slaves to wit: Maria, Phillis, Rachael, Lucinda, Martha and Rose in the Mountains, being six in number. And her my said daughters heirs, having previously bequeath to my said daughter Zenobia, and her heirs, the following named Negro Slaves viz: Limon, Sylvia, Rachael, Edy and Emily, being five in number.

Fifth, I give and devise to my daughter Maria, wife of Philip B. Doherty, and her heirs, with their future increase, the following named Negro Slaves to wit: Dine, Henson, Rosina, Tobitha, and Tom … being five in number having previously bequeathed to my said daughter, and her heirs, the following named Negro Slaves to wit: Patsy, Epp, Susan, Osinda, Orleans and Cain.

Sixth, I will and bequeath to my daughter Mabella, and her heirs, the following named Negro Slaves to wit: Eliza, Col Dick, Jephthae, Mabella, Minta, Fulton, Angelina, Christopher, Wesley, July Ann, Stephen, Fanny, being twelve in number, with their future increase. Also one saddle horse, side saddle and bridle, four cows and calves and one bed stead and furniture.

Seventh: I give and devise to my daughter Susan and her heirs, the followed named Negro Slaves to wit: Joshua, Linda Enos, Annett, Susan, Jeffrey, Sarah, James, Jim, Henry, Becey, John and Lelana, with their future increase, being twelve in number, four cows and calves, also one saddle horse side saddle and bridle, and one Bed Stead and furniture.

Eighth: I will and bequeath to my son Jalone all of that part of my plantation know as the “Home Place” in the county aforesaid lying North of Mill Creek and extending from Old Spring Hill Church on the North west by land owned by my son Stephen on the South West and on which are situated my old residence and gin, together with the appurtenances thereon, farming utensils, horses, mules, cattle, except such as are herein otherwise bequeathed, sheep and hogs. Also the following named Negro Slaves to wit: Dick, Nancy, Obid, Prince, Priscilla, Alfred, Handy, Philadelphia, Eveline, William the Black Smith, Louisa, Zachais, Theresa, Penelope, Sampson, Betty, Harry, Monroe, Charlotte or “Old Charlotte”, Tom-Top and Bob, Dick.

Ninth: I will and devise to my daughter Zoann, and her heirs, the following named Negro Slaves with their future increase to wit: Jackson, Tennessee, Romi, Alexander, Jemima, Jacob, Mary Ann, Sam Tinker, Rose-Ann, Jo and Betsy, also one saddle horse, one side saddle and bridle, four cows and calves and one bed stead.

Tenth: I give and bequeath to my daughter Naomi, and her heirs, the following named Negro Slaves viz: Henry, Harriet, Amanda Abert, Sally Leolt, Bill, Emily, Matilda, Mary, Trisby, Andy, Jim, Limbo and their future increase being twelve in number, also one saddle horse, side saddle and bridle, four cows and calves, one bed stead and furniture.

Eleventh: I give and devise to my daughter Victoria and her heirs the following named Negro Slaves with their future increase to wit: Canton, Beccy wife of Canton, Dyonysius, Daffield, Olivia, Josiah, Charlotte, Cynthia, Doris, Franklin, Russell and Jane being twelve in number, also one saddle horse, side saddle and four cows and calves and bed stead and furniture.

Twelfth: I bequeath to my two daughters Mabella and Susan, to have and share alike, the following described tract of land lying in the counties of Jefferson and Franklin in this state to wit: all of that certain tract of land know as The Compton Place, and adjoining lands of M Maria Lumenville on the West and land of the estate of Buckner, Darden deceased on the North West, it being the same tract on which my brother Samuel now resides, and containing six hundred and forty six acres, more or less, provided that in case either of my “Said daughters dies without issue” then I give her share to her surviving sister and provided further that both of my said daughters die without issue I then give the said tract of land to my son Stephen.

Thirteenth: I give and devise to my two daughters Naomi and Victoria, the following described tract lying in Jefferson County in this state to wit: the part or parcel of My Home Place lying South of Mill Creek: And adjoining lands owned and on which now resides my brother Henry, on the North East, East by land belonging to the estate of Buckner Darden Deed and South by lands owned by K. D. Burch containing one thousand acres, more or less, to share and share alike, provided that either of my said daughters dies without issue then I give the share of her so dying to her surviving sister and provided further that in case both of my said daughters die without issue I then bequeath the said tract of land to my son Jalone.

Fourteenth: I give and bequeath to Zoann the west part of “My Depot Place” in this county adjoining lands owned by John D. Burch and Jacob Stampley and extending East to a Spring Branch and up to a field opened and cultivated by my brother William containing one hundred and fifty acres, more or less, also one other tract containing three hundred and seven acres, more or less, and adjoining lands of Richard Compton on the West being a tract of land conveyed to me by Richard Compton.

Fifteenth: I will and bequeath to my brother William and his heirs the East part of “My Depot Place’ containing one hundred and fifty acres, more or less, and extending West to the “Spring Branch” and including the improvements where my said brother now resides.

Sixteenth: I will and bequeath to my son Jalone upon trust my slave Lucy and her son Jessee. And I direct that my slave Lucy and her son Jessee shall be free from servitude and labor from and after my decease and I direct that the said Lucy shall be protected by my executor herein after named. And supported out of the income and profits of my estate until my son Jalone shall obtain the age of twenty one years or shall be lawfully married. I then direct that my son Jalone shall take the said Lucy under his protection and give her a decent support out of the income and profits of my estate during her natural life free from labor. I then further direct that the above named Jessie shall be protected by my executor herein after named and have a decent support out of the income of my estate till my son Jalone shall obtain the age of twenty one years or shall be lawfully married. Then I direct my said son Jalone shall take the said Jessie under his protection and give him a decent support free from labor till he, the said Jessie shall arrive at the age of twenty one years. I then further direct that my son Jalone shall obtain for the said Jessie his freedom, then my said son Jalone shall be released of any further charge of him, the said Jessie.

Seventeenth: I will and direct that after the payment of my just debts, funeral and testimentary expenses herein before provided for the property herein before bequeathed to my son Stephen and my two daughters Zenobia and Maria shall be set apart to them, my said son and daughters and ……. I further direct that my brother William and grown son Cicero Zidon shall have the property herein bequeathed to them from and after my decease free from any charge. I now further direct that the remainder of my estate not otherwise denoted shall remain undivided and worked and the income, profits and emoluments of my said estate to be applied to the natural support of my children Mabella, Susan, Jalone, Zoann, Naomi, and Victoria, Should there then be a surplus I direct that it be applied to the education of my children Jalone, Zoann, Naomi and Victoria, all of whom I desire to receive a good and sufficient education, should there still be a surplus, I desire that it shall remain in the hands of my executor herein after named, and his survivors whenever they shall obtain the age of twenty one years, or shall be lawfully married

Eighteenth: I will and direct that the portion bequeathed to my children, Mabella, Susan, Jalone, Zoann, Naomi and Victoria be set apart to them respectively by my executor therein after named and his survivors whenever they shall obtain the age of twenty one years or shall be lawfully married and also to my above named children an equal share of the surplus money of my estate, if any there be, at the time they receive their respective shares increase before bequeathed.

Nineteenth: I will and direct that provided any of my children shall die without issue the portion of my estate herein bequeathed before my child so dying shall be equally divided among my children surviving at the date of this My last will and Testament. And in case any of my said children shall die leaving issue, then my children of said deceased parent shall be entitled to receive the share of the parent deceased.

Twentieth: I will and direct that also, my stock of horses, cattle, sheep, hogs and farming and other utensils shall not be inventoried by my executor or any account taken …… in the settlement of my estate but appropriated to the use of my family till disposed of as herein before provided.

Twenty first: As to all the rest residue and remainder of my real and personal estate, and effects whatsoever, and where so ever, not herein before specially disposed of and which I now have a disposing power at the time of my deceased, I give devise and bequeath the same unto my executor herein after named and to the survivor of him according to the terms thereof, upon trust, that they do convert the same to the use of my family as he may think proper.

Twenty second: And for the better support and care of my children Mabella, Susan, Jalone, Zoann, Naomi and Victoria I do hereby dispose of custody and tuition of my said children from and after my decease to my son Stephen until they respectively arrive to the age of twenty one years or until they respectively marry. Provided nevertheless that if my said son Stephen shall die then and in such case, I direct that the guardianship of my said children shall devolve upon my son Jalone, if he shall survive and be of lawful age, and provided that he, my said son Jalone, shall not be of age sufficient at the time of decease of my son Stephen, I desire that when he may come of age sufficient that he shall then have the guardianship of my said children.

Twenty third: I do hereby declare that all receipts and other instruments of writing which may be executed by my executor herein after named in the proper execution of my trust in this will contained shall be good, valid and binding in law as to all parties in any manner concerned therein.

Twenty fourth: I hereby nominate and appoint my son Stephen Executor of this my last-will and Testament. In witness thereof I have hereupon set my hand and seal the 15th day of November A. D. eighteen hundred and forty six. Signed: John I. Stampley (seal)

Signed, sealed, published and declared by the said John I. Stampley as and for his last will and testament in the presence of us who in his presence and of his request, and in the presence of each other, have hereunto set and subscribed our names as witness hereunto this 15 date of November A. D. 1846.
Signed: O. L. Mile, Jacob Campbell, M. C. Collins

Source: Jefferson County, Mississippi, Probate records 1846 – 1854, Volume D-E pages 1-5



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