LAST WILL AND TESTAMENT OF DAVID STANBACK, ESQ, - 1833
Shared by Lydia Sides -- January 9, 2002
In the name of God Amen. I, David Stanback of the County of Richmond, & State of No. Carolina. Being in a low
state of health but of sound mind & disposing memory, and knowing that it is once appointed for all men to die,
do make publish and ordain the following, as my Last Will & Testament.
Item 1st. I give and bequeath unto my beloved wife Phebe Stanback seven negroes, (viz) Jim Sr., Jerry, Carey,
Rachel, Jinney, Mariah, and Jim Jr. to her and her heirs forever. Also Two hundred dollars in money, also
thirty dollars in specie, I also loan my said wife, Phebe, four negroes, (viz) Aggy, & her child Claiborn,
Lizzy, & Peggy during her natural life, and at her death the last four named negroes, with their increase to
be equally divided between my Two daughters Ellen & Martha Jane Stanback or the survivor of them, or the issue
of such survivor share and share alike. I also loan my said wife Phebe during her natural life, one hundred
acres of land where I now live called the river tract at the upper end, and including the dwelling house where
I now live and all the necessary out houses. I also loan my said wife Phebe Stanback during her natural life
or widdowhood, my carriage & carriage horses, together with my negro Charles, to be used for her own convenience
& that of my children.
Item 2nd. I give and bequeath unto my Two daughters Ellen and Martha Jane Stanback eight negroes, (viz),
Warren, Will, Silvy, Mell & her child Rachel, Bob, Maranda, & Betty to be equally divided between them or
the survivor or issue of either of them. Also eleven hundred dollars each in money to be laid out by my
executors, upon interest, for the benefit of my said daughters until the time mentioned in a subsequent
clause of this my will for a division of my property to take place, also thirty dollars to each of them in
Item 3rd. I give and bequeath unto my son William P. Stanback all my land that I hold or posses in any way
excepting the portion of the same which I have loaned his mother during her life and that also I give and
bequeath to him after her death. Also, thirty dollars in specie, and my best gun.
Item 4. My will & desire is that my negro Frank shall be hired or sold at the discretion of my Executor, and
the procedes of such hire or sale to constitute a part of the common fund.
Item 5th. I give and bequeath all my negroes with their increase not heretofore named or devised, in this my
will together with my negro Charles, after serving my wife and children, as heretofore expressed to my three
children William P., Ellen & Martha Jane Stanback to be equally divided among them share and share alike.
It is also my will and desire that should either of the said daughters Ellen or Martha Jane, die without
Issue of their body then and in that case, all the property I have willed to each of them in any Item of
this my will, shall go to the survivor of them, or her issue.
Item 6th. It is my wish and desire that my wife and children should remain together and that my Executors
should educate my children (viz) William P., Ellen, and Martha Jane Stanback and the expense incured thereby
shall be paid out of the profits arising from the farm, or any other monies not heretofore bequeath in this
Item 7. It is my will & desire that all the residue of my money not heretofore bequeathed together with all
the debts due me, all the stock of every kind household and kitchen furniture, farming utentials, and all the
residue of my property not heretofore named in this my will together with all the profits that may arrise from
my farm to be equally divided by my executors between my beloved wife Phebe & my three children or the survivor
or survivors, or the issue of such survivor, or survivors share and share alike. The share of said fund,
which shall belong to my beloved wife Phebe, I want paid her by my Executors whenever she shall claim the
same, and the portion or share of said property, which will go to my children, I want paid them by my executors
whenever my son William P. shall arrive to the age of Twenty one years, or when either of my daughters marry
at the discretion of my Executors.
Item 8th. It is my will and desire that all the negro property already bequeathed to my three children
William P., Ellen & Martha Jane Stanback in preceding clauses of this my will shall be delivered to them
by my Executors as heretofore expressed when my son William, shall arrive to the age of Twenty one years
or when either of my daughters shall marry or my Executor in their sound discretion think best.
For the purpose of carrying this my last will and testament into effect, I hereby nominate, constitute,
ordain and appoint, my friends Thomas Steele, Pleasant M. Powell, and Robert J. Steele, Executors, and my
beloved wife Phebe Stanback executrix to this my last will & testament making void all former will or wills
heretofore made by me at any time in Testimony whereof I have, hereunto set my hand and seal in the presence
of us who have become subscribing witnesses to the same, this 9th day of August, in the year of our lord, one
thousand Eight hundred and thirty three, 1833--
Assigned, sealed & published.
David Stanback (seal)
James D. Pemberton
Presley N. Stanback
Simeon D. Pemberton
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