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Last Will and Testaments
Samuel Winstead, Sr. (Abt. 1671 - 16 Nov
1726)
Samuel Winstead, Jr. (25 Oct 1701 - Abt. 1773)
Assignment of Estate of Winnifred Winstead
Samuel Winstead, III (10 Jul 1723 - 1806)
Francis Winstead (19 Nov 1758 - Oct 1842)
Seth M. Winstead (1805 - Oct 1877)
Mandley Winstead (29 Oct 1760 - 26 Dec 1846)
NOTE: To the best of my knowledge the spellings are as written on the
documents.
In the name of God Amen. I, Samuel Winstead Sen', of the Parish of St.
Stephens in the county of Northumberland, Planter, being well in health and in
body and of sound mine and perfect memory, thanks to allmighty God, but calling
to remembrance the uncertain state of this transitory life and that all flesh
must ye call unto death when doth all please God to call. Do make, constitute
and ordain and declare this my last will and testament in a manner and for in
following, Revoking or anunnily [annulling] by these presents all and every
testament or testaments, will or wills heretofore made by unto or dictored
[dictated] either by word or writing and this to be taken only for my last will
and testament and none other.
First, I bequeath my soul into the hands of Almighty God my maker, hoping to be
saved by the meritorious death passion of Jesus Christ, my only Savior and
Redeemer, and my body to be buried in Christian burial at the discretion of my
executor, hereafter and by these presents named, and as for worldly estate which
it hath pleased God beyond my desires to bestow, I give, devise and bequeatheth
I manner and form following.
Item, I give and bequeath unto my granddaughter, Betty Winstead, one good
feather bed and boulster and two pillows and a good Rugg and blankets and one
cow and calf with all their future increase.
Item, I give unto my grandson, Daniel Winstead, one three year old gelding.
Item, I give unto my grandson, Samuel Winstead, one cow and calf with all their
future increase.
Item, I give devise and bequeath unto my son Sam'l Winstead Jun' my plantation
whereon I now live and all the land thereto belonging and the rest of my estate,
all of goods, chattles, cattle, horses, mares, moveable and unmoveable, to him
and his heirs forever and my former devises's.
My 1ast will is that anything of all my worldly estate, any not fit to
appointment and I do hereby; make my aforesaid loving son, Samuel Winstead, my
executor of this, my last will and testament, Revoking and hereby___(?)___ all
other will or wills, testaments or testaments heretofore made by me or caused to
be made either by word or writing and confirming this to be my last will and
testament and no other.
Witness wherefore have hereunto set my hand and affixed my seal 6th (?) day of
May anno 1722.
His
Samuel [X] Winstead Sen
Mark
Legal listing published in the ________(?)______________.
Richard H. (?) Vanlandingham, Witness.
To Wife, Winnefret: "All the lands that I had of Edward Bullock [74 A.
purchased 12 Feb 1751] and James Harold [50 A. purchased October 14 1745] during
her natural life, and afterwards to her, son Francis Winstead, and his
heirs."
"My four oldest slaves, Will, Dwinsher, Sarah and Sone, to be sold and so
equally divided amongst my former children that I had by my first wives."
"The rest of my estate to my wife, Winnifret during her natural life and
afterward to be equally divided amongst all my children."
Wife and son, Samuel, to be executors.
Witness, Joseph Powers & Richard Grimstead.
(Will written, 7 April 1773; probated 14 March 1774.)
Teste., Catesby Jones, Ct. Cur.
Know all men by these presents that I, Winefred Winstead of the County of
North'd and parish of St. Stephens, do make over my whole Estate of Lands,
Negroes namely George, Richard, Job, Harry, Sarah, Lucey, Minnay and Sarah, and
all my Stock of Cattle, Hogs, Sheep and Horses that I shall have in possession
on the first day of November 1783. To my son, Francis Winstead, to act and
manage as my said son shall think fit for the benefit of my Estate during my
natural life, provided that my said Son, Francis Winstead, will maintain my Self
and family as far as my Estate will admit of with Frugality etc., and I do agree
that if my Son, Francis Winstead, should make anything more than for my Support
above mentioned that he may apply to his own use, and I, the said Francis
Winstead, for my part do agree to settle of all acc'ts & discharge for my
said Mother, Winefred Winstead, that shall come against her and further I do
afree if I, the said Francis Winstead, should not perform the above as far as
the Estate will admit of them then I do agree that my said mother should take
her estate out of my hands & I, the said Winefred Winstead, do agree to
perform the above under the penalty of two hundred pounds. Give under my hand
this First Day of July 1783.
(signed) Winefred Winstead (SEAL)
Signed (and) Seald in presence of ________
(Signed) Mathew Self
John L. ____ (?)
In the name of God, Amen. I, Samuel Winstead of Person County, North
Carolina, being very low of and weak in body but in perfect mind as usual and
calling to mind the certainty of death and uncertainty of life-make this mmy
last Will and Testament (to wit) after all my just debts are paid. It is my will
and desire that my wife, Elizabeth Winstead, have during her natural life the
use of the land and plantation whereon I now live, also the following
Negroes-Jo, Oliver, Hat, Solomon, Isbal, Glascon and Davenport. Also my stock
and of all kinds together with all my household and kitchen furniture and
plantation tools with all the crops made on my plantation in the year One
thousand Eight Hundred and Five - my will is that my Negro, Bet, be sold and the
money arising from such sale be paid to my wife, Elizabeth Winstead, for her own
proper use. I give to my son, Custance (Sic) Winstead, a bond now in my
possession against Benjamin Vestal, also the land and plantation I now live on
and one cubbard. At the death of his mother, Elizabeth Winstead, to him and his
heirs forever.
I give to my grandson, Barnet Winstead, son of Charles Winstead, one bed and
furniture at his grandmother's death.
Now it is my will that at the death of my wife, Elizabeth Winstead - all the
property I have lent her and not otherwise given away be equally divided between
Custance Winstead, Manly Winstead, Susannah Self, Elizabeth Davey, Ailcy Yancey,
John Winstead, and Charles Winstead, and if either of them die before their
mother, such part as would have fell to them of my Estate - my will is shall go
to the Heirs of any of my children that may die before my wife, Elizabeth
Winstead.
I do hereby constitute and appoint Elizabeth Winstead and Custance Winstead
Executors of this my last Will and Testament. In witness whereof I do hereunto
set my hand and affix my seal this 17th day of October 1805.
(signed) Samuel Winstead
In the name of God, Amen.
I, Francis Winstead, of the County of Hawkins in the State of Tennessee, being
weak of body but of sound mind and memory, knowing the uncertainty of life and
the certainty of death, do make and ordain this my last will and testament, that
is to say, I do recommend my soul to Almighty God who gave it, and desire that
my mortal body shall be decently committed to the earth, with the usual
Christian rites, according to the discretion of my executors herein after to be
named, and as to the worldly estate of property it hath pleased Almighty God to
bless me with, I dispose of it in the following manner, to wit.:
I give and bequeath unto my dearly beloved daughter-in-law, Margaret Winstead,
widow of my son, Ephraim Winstead, dec'd, late of said Co. and State, all my
estate or property of every description, now owned by me, or which may be
hereafter owned by me, to be her absolute disposal and controls foever, in
consideration of my love and affection for her, and also in consideration of the
love and affection she always bestowed upon me and am only sorry that I have not
more to give unto her to renumerate her for her kindness and attention shown to
me by her in my old age.
And it is my desire, and I do request it that my said daughter-in-law, Margaret
Winstead, together with my grandson, James Winstead, shall be my executors and
executrix to this my last will and testament, and I do hereby request that the
Country Court shall quality them as such without requiring from the bond and
security, having fell confidence that they will discharge their duties and
discharge any debts which may be contracted on
Account of my funeral, etc, wherefore in witness thereof, I have set my hand and
seal this 20th day of Sept 1842.
(Signed) Francis Winstead (Seal)
Signed, sealed and published in the presence of us as the last Will of Francis
Winstead by him.
Jesse Cop
C___N___(?)
I, Seth M. Winstead, make and publish this as my last Will and Testament.
Firstly, I direct that my Funeral Expenses and all my debts be paid as soon as
possible out of any moneys I may die possessed of or my first into the hands of
my Executors.
Secondly, I give and bequeath to my wife, Priscilla A. Winstead, in trust for
her use and benefit during of her self and the children that is now living and
that remain with her. It is my desire that they remain with my wife as long as
they desire do and so and fare as they always have in my life time.
Thirdly, it is my desire that my two youngest children: Ellen S. Winstead and
Samantha B. Winstead be made equal with the other children
Fourthly, it is my desire that what the family makes on the farm that they
dispose of as they may think best to the use of the family.
Fifthly, at the death of my wife, it there should be a growing crop in hand and
not completed, that they that stay and complete it shall have the benefit of the
said crop.
Sixthly, it is my Will and desire that my Land at the death of my Wife be sold
off in fifty acre lots in one year's time.
Seventhly, it is my Will that if George W. Winstead can sell two hundred acres
of land known as (the) Eden Morris place and joining the Home tract for fifteen
dollars per acre that he is authorized to do so and to equally divide the
proceeds between all of my children.
Eighthly, at the date of my wife, I desire that all my personal property to be
sold at public sale and the proceeds equally divided between all my children)
(Signed) Seth M. Winstead
Signed and Published in our presence and we have Subscribed our names thereto in
the presence of the Testator, 6th day of April.1877
(signed) W. B. Bowlin
(signed) W.L. Dunn
State of Tennessee, Weakley County: Office of County Court, Jan 9,1878
Witness my hand on this 9th day of January 1878.
(signed) E.J Looney, Country Clerk
Will Book 5, page 321 Hopkins County, Kentucky
In the name of God Amen I Mandley Winstead of Hopkins County and the State of
Kentucky being of sound mind and disposing memory but calling to mind that it is
appointed once for man to die, do therefore proceed to make this my last Will
and Testament in manner and form as followeth, to wit, My body I resign to its
mother dust when it may please God to remove my spirit and my soul I bequeath to
God who gave it hoping to participate with him in the hapiness of Heaven where
he dwelleth.
As to my property I make the following disposition, First I give and bequath to
my beloved wife Amy Winstead all the property of every description which she had
in possession at the time I married her consisting of one tract of land in
Hopkins County on Bull Creek containing one hundred and seventy acres and one
negro man named Bob and one boy named Henry and two feather beds and furniture
and one common work horse and one cow and calf also two breeding sows and
barrows other articles of less value and may be known by the families as her
former property also one full year's provisions for my said wife.
Secondly I give and direct one hundred dollars to be paid out of my estate to
each of my son Mandley Winstead's two sons whose names are not known to me.
Thirdly I give and bequath my lower tract of land attached to the tract of which
I now live containing two hundred twenty two and one half acres to my sons
Bushard D. Winstead and Charles T, Winstead to be equally divided by a line
running east and west. Charles T. Winstead to have the part on which he now
lives and Bushard D, Winstead the other part.
Fourthly , I give and bequath to my two sons William M. Winstead and Pleasant B.
Winstead the tract of land on which I now live containing one hundred ninety
five acres to be divided between them as they may agree.
Fifthly Now in as much as I give all the land I own to my four sons above named
my will and direction is that each of them pay one hundred dollars to the estate
to enable me to do equal justice to my other children that get no land.
Sixthly I have heretofore given my son Bushard D. Winstead one negro girl named
Parthema worth two hundred dollars I have also given my son Charles T. Winstead
one negro boy named Beverly worth three hundred dollars I have also given my
Daughter Sally Cox one negro boy named Alfred worth two hundred and fifty
dollars I have also given my daughter Elizabeth Weir one hundred and twenty
dollars. I also have given my daughter Anna Yarbrough one hundred and twenty
dollars, I have also given my daughter Jane Cox one hundred and twenty dollars
now my will and direction is the price or value fixed upon the three negroes
above named and the money above given namd be paid or divided among my first six
children, to wit , Elizabeth Weir, Anna Yarbrough, Bushard D. Winstead, Jane
Cox, Sally Cox, and Charles T. Winstead so each may have the same amount of the
other.
Seventhly I give and bequath to my daughter Elizabeth Weir during her life and
at her death the heirs of her body, Bushard D. Winstead, Anna Yarbrough during
her life and at her death the heirs of her body, Jane Cox, Sally Cox, and
Charles T. Winstead a certain negro man Jack, a negro Woman named Kesiah, a
Negro boy named Daniel, and a negro girl namd Eliza to be equally divided among
my said children as they may see fit.
Eighthly All my negroes with their increase not here before namd and disposed of
I give and bequath to all of my children namely Elizabeth Weir during her life
and at her death to her children, Bushard D. Winstead, Anna Yarbrough during her
lifetime and at her death to her children, Jane Cox, Sally Cox, Charles T.
Winstead, William M. Winstead, Pleasant B. Winstead to be equally divided
between them all as they may see fit.
Ninthly I give and bequath all my personal estate consisting of stock, horses,
cattle, sheep, hogs, household furniture, farming utensils and all and every
species of property not herein before named and disposed of to my eight children
above named.
Tenthly I nominate and appoint my son Charles T. Winstead to execute this my
last will and Testament acknowledged and signed this 13th day of July eighteen
hundred an thirty-three.
Test Mandley Winstead
James W. Williams
Jas Metcalf Kentucky
Hopkins County January County Court 1850
This instrument of writing was this day produced in Court and proved to be the
last will and Testament of Mandley Winstead deceased by the oath of James W.
Williams a subscribing witness thereto, said witness also deposed that Jas
Metcalf the other subscribing witness thereto resides in the State of Illinois
and that the signature purporting to be his as a witness thereto was genuine.
Whereupon the same was ordered to be recorded as the last will and
Testament of Mandley Winstead Dec'd which is done accordingly
Att Sam Woodson Clk,
Mandleys Will Transcribed by Jim Powell, Jr.
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