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