Tyler's Quarterly Magazine "Stith Family" p145-149 date?
Scanned and edited by J. Scott from photo copy of magazine article provided by John Whitfield, May 1999.
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Will of Richard Stith (1782).
In the name of God. Amen, I Richard Stith, of Campbell County, aged fifty four, -- being now in good health, and in full exercise of my senses and memory, -- my labours and care having been blessed with a competency of this World's Goods -- and calling to mind that it is good for the surviving part of the Family, that a Man should set his House in Order before he leaves this World to go to a Better, do make my last Will and Testament in manner and form following:
I must be decently and plainly buryed -- funeral Sermon etc., paid. I leave in possession of my well beloved wife, to her own command, use, benefit and comfort, my Whole Estate -- to be delivered to the Children agreeable to the succeeding paragraphs hereof, but her full and quiet profession of this land, and Plantation where we live, and the 80 acres at the mouth of Lick Creek, and an uncertain number of negros, to remain to her during her lifetime, instead of other manner of Right of Dower.
I give and bequeath to my Son Joseph my Land on Jumping Run, including Mount Hermon in Bedford County, by Patent 1150 acres.- This is since conveyed by Deed.
I give and bequeath to my son Benjamin all my Land on the Stoney Fork of Goose Creek, by Patent 1150 acres, including Buck Mountain; to him and his heirs forever.
I give and bequeath to my Son Thomas, my Land on the South side of Goose Creek, opposite to the Flat-top Mountain, by Patent 1100 Acres, including Harpeth and Shalum; to him and his heirs and assigns forever.
I give and bequeath to my Sons, John and William, all my Land on both sides Molly's Creek inclusive works lodged in the Registers Office for 1460 acres, and my Land on Branches of the South Fork of Falling River contiguous to the long Mountain by Patent 1200 Acres, also my Land near the head of Little Falling River, on Mulberry Creek and including the head of Narrow-passage Branch, Works lodged in the Register's Office 1400 Acres; three Tracts to be equally divided between them by their own consent or otherwise -- to each of them and his heirs and assigns forever. -- This since is otherwise given.
I give and bequeath to my Son Richard, my Land on Lick Creek inclusive Works 1045 Acres including the old Seat, Jacob; and 80 Acres on Falling River at the mouth of Lick Creek, -- to him, his heirs and assigns forever: but Richard is not to possess any part of it in the lifetime of his Mother without her consent.
I leave my well-beloved Wife, Lucy, in full possession of my whole Estate, -- which Estate (except Lands being already directed) must be divided at future times, as followeth (viz) a Son at age, or a Daughter married or at age, and demand made my Will is that such Son or Daughter shall have two negros of such age and size as can be spared -- and some Stock and Household Goods, if can be spared -- and so on -- during the lifetime of my wife -- after her decease then a final division of my slaves and other personal Estate to take place, viz. those of our children that have received, and those who have not received, to be made equal -- not taking into the account the increase or decrease of those part-portions that go out -- or have gone out -- but to be considered as they were when they went out, and if a married daughter after receiving part or all of her portion, die without a child, or she and her child or children die, then I judge it unreasonable that her portion should go out of my Family -- wherefore I declare, and it is my Will that the portion of such deceased Daughter shall return into my Estate and be divided in the same manner, as if they had not gone out.
Surveyors fees and other debts due to me must be collected (with moderation) the money to pay my debts, and the overplus, if any, to remain in the care of my Executors, or my wife if single -- for contingent charges -- perhaps Schooling our Children.
Now, I mean to cut of the force and effect of heir at Law in my Family, my Will is that if one or more of our children die. under age, or without lawful heir, or without Will, in either of those three cases the Survivors shall be co-heirs.
I do hereby nominate and appoint Edmund Winston, John F. Patrick and Charles Cobbs, gentlemen, my Executors, I having confidence in you accompanied with warm friendship, I entreat you to accept of the Trust. -- This is altered.
In witness whereof: I have to this my last Will and Testament set my hand and seal this 1st day of June 1782.
( Signed ) Richard Stith.
Signed, sealed and published by Richard Stith as for his Will and Testament in our prefence, who in the prefence of the said Richard Stith subscribed our names as witness thereto, June 1-1872.
(Signed): Peter Terrell John Boughton
John Cocke Robt. Armistead
Thos. Jones John Lane
A Codicil to my Will, the Will bearing date the 5th day of June, 1782. I give and bequeath to my son, Benjamin, 400 acres of Land, more or less, situate in Bedford County, on head branches of Enoch's Creek, according to the Patent bearing date the 14th day of August 1787 (this in lieu of part of the Stoney-fork tract otherwise disposed of) to him, his heirs and assigns forever.
I give and bequeath to Drury Hardaway, my Son-in-law, 1050 Acres. more or less, situate in Campbell County on Lawsons Creek according to the Patent dated May 16th 1786 (This is not altogether a gift -- he hath made compensation) to him, his heirs and assigns forever.
I give and bequeath to Luke Morris Valentine, 80 acres, more or less, the same that Charles Talbot, Sen. Esq., acknowledged to me in Bedford Court, situate in Campbell County on Falling River including the little old plantation on Lick Creek, including the mouth of the Creek: to him, his heirs and assigns forever: and for This, he hath made compensation.
I give and bequeath to my Son, Richard 600 acres, more or less, situate in Campbell County on both sides of Narrow- passage Branch, including the head: being part of the tract of 1400 Acres by Patent bearing date the 20th day of August 1783. -- and this to compensate Richard Stith, Jun'r, in the wear and tear already made and likely to be made on the Jacob tract and Plantation to him, his heirs and assigns forever.
Now, I appoint (her, who will then be) my widow, Lucy Stith, Executrix solus.
N. B. -- So much of the aforesaid Will as is opposed, now made null by this Codicil.
Signed. sealed and published by Richard Stith, as a Codicil to his aforesaid Will, this 10th day of September 1792.
In Presence of Richard Stith (Seal)
The Will bearing date June 1, 1782, to which a Codicil dated Sept. 10, 1792, and now annexed tacked to the Codicil as followeth:
I give and bequeath to my son John the whole of the Land on Molly's Creek, according to the Patent 1460 Acres, -- to him. his heirs and assigns forever.
I give and bequeath to my son, William, the 250 Acres on the East Fork of Jumping Run, being the remainder of a Tract by Patent for 400 Acres in Bedford.
Also to my son, William, beginning on Buzzard Branch; thence along the island Road by the Cross roads and down the main Road toward the old Mill to Bell's line, all that Part to the W. & N. W., of
TYLER'S QUARTERLY MAGAZINE
the said Roads: in Campbell. Also to my son, William, the remaining 1150 acres at Narrow-passage Branch, Mulberry Creek, and Panter Branch; these three bequests to him, his heirs and assigns forever.
Sealed and Signed this 9th day of October 1795.
Richard Stith (Seal)
in good d health
N. B. -- So much of the aforesaid Will and Codicil, as is opposed, now made null by this Tack.
The Tack brought over and continued from the 9th day of October, 1795. I give and bequeath to my son-in-law James Jones, the parcel of Land laid off for him in part of our daughter. Katharine's portion instead or in lieu of another negro, -- by consent: 73 Acres, more or less. situate, bounded on the North side by the Island Old Road, on the South by his own line, in the West by Buzzard Branch and in the East by a division Line -- to him, his heirs and assigns forever.
Given under my hand and seal: this 6th day of January, 1798.
Richard Stith (Seal)
N. B. -- This is since conveyed by Deed.
Now, a Supplemental to the Will, codicil and Tack.
I desire and hope that the Widow Lady and her Son, Richard, will agree well together in One Common Stock after I have left them in such comfortable circumstances, -- But, if not. then -- our Son Richard must hare and take immediate possession. in the Lady's lifetime, of Land, beginning at the mouth of Pompy's Branch, up the same passing by the mouth of Saucor and one more fork, to the mouth of a drain at the old road: up the drain to the head of the same; thence to the S. W., Corner of the Detach'd Field. and along the path towards Mr. West's Mill to the Land line: All that part of the Land lying to the Westward of those lines (not to interrupt his brother William) also two negroes, his choice of the then remaining number (but not his Mother's house servant) These to be accounted, dealt out to Richard in manner as hath been to the other children, -- here I mention again, "Her who will then he my Widow Lady to be my Executrix alone" -- and our Sons Joseph, Benjamin, Thomas, John, William and Richard. Her Securities -- with powers of control in extreme occasions (but not otherwise).
N. B. -- So much of the aforesaid Will, Codicil and Tack, as are opposed, made null by this Supplement.
Given under my hand and Seal this 7th day of April, 1798.
(Signed) Richard Stith (Seal)
Witnessed this 11th of Sept. 1800.
ST1TH FAMILY 149
And further 1 give and bequeath to my widow lady and her son Richard Stith Jun'r. the Still-House and its appurtenances and all the stock, horses etc., except one horse and 1 cow for our Son William.
( Signed, this 8th day of Jany., 1801.
At a court held for Campbell County, December 13, 1802, the within Last Will and Testament of Richard Stith, gentleman, deceased, together with four codicils thereto annexed, was proved by the oaths of Dennis Kelley and Adlar Avinton, two of the witnesses thereto subscribed and the last Codicil to the said Will proved to be the handwriting of the said Richard Stith. deceased, by the oaths of Robert Alexander and Williston Talbot, all of which is ordered to be Recorded. Liberty being reserved the Executrix in the said Will named to take probate thereof when she shall think fit. Ro. Alexander, C. C. C.
And at a Court continued and held for the County of Campbell the 12th day of April, 1803 on the motion of Lucy Stith, the Executrix in the said Will named who made oath therto according to Law certificate is granted her for obtaining probate thereof in due from, giving security, whereupon she together with Joseph Stith, Benjamin Stith; Thomas Stith; John Stith; William Stith; Richard Stith; Denny Hendaway; J. Saunders. her securities, entered into and acknowledged their bond in the Penalty of Twenty Thousand Dollars, conditioned as the Law directs for the said Executrix's due and faithful administration on said decedant's Estate and performance of his Will.
Ro. Alexander. C. C. C.