Thursday, January 03, 2008

Benjamin Franklin Stanfield (1861 Will)

Last Will of Benjamin F. Stanfield
January 28th, 1861--Caswell County, N.C.

In the name of God Amen:

I, Benjamin F. Stanfield of the County of Caswell, State of North Carolina in the year of our Lord one Thousand Eight hundred and Sixty one January 28th, being of sound and disposing mind and understanding. Consideringthe certainty of death and the uncertainty of time thereof to Me and that I may be better prepared to leave this World, when it shall please my God to call me, hence have now determined to direct what is portion shall be made of my property after my death and after mutually considering the circumstances and conditions of all those among whom as my heirs at law, in my judgement my Estate should be divided. I do make publish and declare this my last Will and Testament, revoking all others heretofore made.

First--I give my Soul and body to God who gave it, and my will is

Secondly-- that after my death my body sall be decently buried and that funeral charges and Just debts shall be paid by my Executor hereinafter named.

Thirdly--That my beloved Wife, Phoebe L. Stanfield, shall have my House and lot that I now live on. The acre of land that I purchased of Solomon Whitlow, also the tract of land South of Frogsboro, also that portion of land lying South of the graveyard in Leasburg. Running the line from thence East to the Hillsboro road, Containing by Supposition about forty five acres, also all of my househould and kitchen furniture and any thing in appurtaining there, to have and to hold forever for her own use and benefit.

Fifthly (Will skipped Fourthly)--It is my will that after my death, the said Phoebe L. Stanfield shall have the loan of my________ of property that I own.

Sixthly--It is my will that at the death of my Wife, Phobe L. Stanfield, Our Son Benjamin F. Stanfield shall have my Hyco plantation with the Stock of Horses, Hogs, Mules, Cows & Sheep thereon together with all the farming tools, Waggon Carts and also four negroes to wit: George, Buck, Iverson and Jannie.

Seventhly--That at the death of my Wife, Phoebe L. Stanfield, My son John L. Stanfield shall have the following negroes to wit: Harriet, Ann, Mary Jane, Jim, Rob and the younger children of Harriet and all others that she may have and if any of the above above named girls shall have increase, their increase to go with Mothers, and if the said John L. Stanfield should die without children the above named negroes, together with their increase if any, shall revert back to my Estate and be equally divided as hereinafter named

Eighthly--It is my will that the remainder of my Estate after my Wife, Phoebe L. Stanfield's death, shall be equally divided between all my children namely: Mary L. Jamison, Josiah A. Stanfield, infant child _______ of Sarah J. Guerrant? deceased, Bettie A. Richardson, John L. Stanfield and Benjamin F. Stanfield. Now in case that any of the above named shall die without heirs of their body, that portion of my property that may herein have been assigned to them, shall revert back to my Estate and be equally divided amongst my surviving Children and Grand Children as the case may be.

Ninethly--It is my will after the death of my Phoebe L. Stanfield, that the remainder of my negroes not herein mentioned, shall be so divided that they shall be in families as much as possible, making each Lot equal in Money and Bank Stock.

Tenthly--It is my will and desire that my Executor herein after named, with the term of carrying out this my last Will and Testament, shall take at the death of my Wife, Phoebe L. Stanfield, and so manage the above described Estate, that some of the negroes shall be hired out at the highest bidder, but privately to whom may be in his judgement ______ will treat them kindly and humanely, that they may not be abused.

Eleventhly--I do nominate and appoint my two Sons, Josiah A. Stanfield, Thos' L. Stanfield, Executors of this my last Will and Testament in testimony whereof I have this day set my hand and Seal, day and date above written.

B. F. Stanfield {Seal}

Jno' C . Wilkerson--Jurat
William Paylor Jr.---This witness absent from the State whose
signature was duly proven in open Court.


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