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View Tree for John StaintonJohn Stainton (b. 1771, d. September 21, 1852)

John Stainton (son of John Stainton and Abigail)272 was born 1771 in Brunswick, NC272, and died September 21, 1852 in Monroe, Alabama272. He married Mariam Hester on 1802 in Bladen County(?) NC, daughter of John Hester and Comfort.

 Includes NotesNotes for John Stainton:
Transcript of John Stainton's Will
Recorded in Records of Monroe County, Alabama:

In the name of God Amen, I John Stainton of the County of Monroe & State of Alabama being feeble in body but of sound & disposing mind & memory do make & ordain this my last Will & Testament in manner & form following that in to say. -

First - It is my will and I hereby direct that all my Estate both real & personal remain undivided until three crops can be made after my decease, and that my son David T. Stainton attend to the Estate & the making of said three crops, then as soon thereafter as convenient I desire and direct, that all the Horses, Mules, Cattle, farming utensils & property of every kind, not herein otherwise disposed of, be sold by my Executor and the proceeds equally divided between my wife & all my children with exception of Comfort Grimes & Hannah Jones.

Second - I give & bequeath to my beloved wife Mariam upon the terms hereinafter named the West half of the North east quarter of section seventeen, township seven, Range eight being the half quarter upon which is situated my dwelling house, also the South east fourth of the South east Quarter of same section township & range - also Four Slaves to wit Fanny about 41 years old, Elby about 16, Randall about 24 and Tilda about 10 years of age, also all the household & kitchen furniture of which I may die seized and possessed, also one good serviceable Horse to be bought or furnished her by my Executors - all which Real & personal property my said wife Marian is to have, hold, occupy & enjoy for & during her natural life, and at her death the Slaves & other personal property herein bequeathed to her sha11 be sold & the proceeds equally divided among all of my children or their heirs, and the Real Estate herein bequeathed to her shall go to & belong as hereinafter mentioned.

Item Third - I give & bequeath to my son John A. Stainton all the lands I possess lying on the south side of Limestone creek -

Item Fourth. - I give & bequeath to my son Joseph Stainton all my lands lying between Limestone &
Bushy creeks.

Item Fifth I give & bequeath to my son David T. Stainton all the lands I own in Section Sixteen T7R8 also forty acres lying in Section Twenty one as is believed, being land purchased of William J. Dubose also the Eighty acre tract above, given to my wife, which he is to have after her death.

Item Sixth - I give & bequeath to my son George Jefferson Stainton upon the terms & tenure hereafter named, so much of the West half of the North east Quarter of section Seventeen as lies on the north side of Brushey creek & not devised to Joseph Stainton, also the south west quarter of the South east Quarter of section seventeen Township seven Range eight being the same land I purchased said George J. Stainton, also the forty acre tract bequeathed to my said wife, which he is to have after her death - all of which said lands together with personal property herein bequeathed to the said George Jefferson he is to have, hold, occupy & enjoy during his natural life and at his death all of the property herein bequeathed to him both real & personal shall go to & vest in the children of said George J., it being my intention & desire to secure said property to his children after a life Estate to the said George J, and it is further my will & I do hereby direct that in no event shall the property herein bequeathed to said George J. be reduced or diminished by taking any portion thereof for dower and in the event dower is claimed, it is to be taken out of other portions of my Estate so as to leave the share given to said George J. undiminished-

Item Seventh - I have no knowledge that my daughter Harriet formerly the wife of Allen Cato (now dead) left any issue - should there be such issue for good & sufficient reasons I declare it to be my intention will & wish that such issue in no event take or have any portion of my Estate.

Item Eighth - I give & bequeath to the four children now living to wit, John, Elizabeth, William & David, children of my daughter Elizabeth Joy but now deceased - One hundred Dollars each to be paid them by my four sons John, David, George & Joseph in equal proportions, when and as each said children attain the age of twenty one years.

Item Ninth - I give & bequeath to my daughter Comfort Grimes wife of Joseph Grimes Twenty five Bales of Cotton weighing five hundred pounds each to be paid after the three crops heretofore mentioned are made - provided my said wife assents to the provisions of this will, but should she dissent then said Comfort shall only have the sum of Six hundred Dollars. -

Item Tenth - I give and bequeath to my daughter Hannah Jones wife of Dudley Jones in like manner Twenty five bales of cotton weighing five hundred pounds each subject to the same restrictions & benefit as contained in the last previous item.

Item Eleventh - I give & bequeath to my daughter Sarah Dubose widow of Wm. J. Dubose slaves Isaac age 29, Sue aged 24 & her child Evan aged about 4 years provided my wife assents to this will, should she dissent, then I give my said daughter Sarah one Slave to wit Isaac aforesaid.

Item Twelfth - I give & bequeath to my daughter Mary Jane wife of John Lamkin to her sole & separate use free from the control of her husband three slaves Ann aged about 18 years & her child aged about 4 years and Giles about 18 years provided my wife assents to this will, should she dissent then I give subject to same limitations & restrictions to my said daughter Mary Jeane the two Slaves Ann & Giles.

Item Thirteen - All the rest of my slaves not alone specially bequeathed, I give & bequeath to my four sons George J., John A., & David T. Stainton to be equally divided between them or their heirs.

Lastly - I do hereby nominate constitute & appoint my son David T. Stainton and my friend Asa Park to be the Executors of this my last Will & Testament.

In testimony whereof I have hereunto set my hand & seal this 30th day Of March A D 1852.

John Stainton SEAL

Signed sealed published & declared by the said John Stainton as & for his last Will & Testament in the presence of the undersigned of each other signed our names as Witnesses thereto on the day & year above mentioned.

C. McCaskill W. R. Agee F. B. Robbins

The State of Alabama ( Court of Probate. Special
Monroe County ( Tuesday Nov. 2nd, 1852

Before me Chas H Foster Judge of Probate of said County this day came Wm. R. Agee & Francis B. Robbins two of the subscribing witnesses to the foregoing Instrument who being duly sworn depose and say that John Stainton signed & sealed said Instrument & acknowledge the same to be his last Will & Testament on the day & year therein mentioned in the presence of these affiants and in the presence of Cameron McCaskill the other subscribing witness who signed their names as witnesses thereto at the request & in the presence of said Testator & in the presence of each other and that the said John Stainton at the time of executing said Will was of sound & disposing mind memory & understanding.

Wm R. Agee
F. B. Robbins

Sworn to & subscribed on the 2nd )
)
Nov. A.D. 1852 Ch Foster Judge )[MCA2.FTW]

Transcript of John Stainton's Will
Recorded in Records of Monroe County, Alabama:

In the name of God Amen, I John Stainton of the County of Monroe & State of Alabama being feeble in body but of sound & disposing mind & memory do make & ordain this my last Will & Testament in manner & form following that in to say. -

First - It is my will and I hereby direct that all my Estate both real & personal remain undivided until three crops can be made after my decease, and that my son David T. Stainton attend to the Estate & the making of said three crops, then as soon thereafter as convenient I desire and direct, that all the Horses, Mules, Cattle, farming utensils & property of every kind, not herein otherwise disposed of, be sold by my Executor and the proceeds equally divided between my wife & all my children with exception of Comfort Grimes & Hannah Jones.

Second - I give & bequeath to my beloved wife Mariam upon the terms hereinafter named the West half of the North east quarter of section seventeen, township seven, Range eight being the half quarter upon which is situated my dwelling house, also the South east fourth of the South east Quarter of same section township & range - also Four Slaves to wit Fanny about 41 years old, Elby about 16, Randall about 24 and Tilda about 10 years of age, also all the household & kitchen furniture of which I may die seized and possessed, also one good serviceable Horse to be bought or furnished her by my Executors - all which Real & personal property my said wife Marian is to have, hold, occupy & enjoy for & during her natural life, and at her death the Slaves & other personal property herein bequeathed to her sha11 be sold & the proceeds equally divided among all of my children or their heirs, and the Real Estate herein bequeathed to her shall go to & belong as hereinafter mentioned.

Item Third - I give & bequeath to my son John A. Stainton all the lands I possess lying on the south side of Limestone creek -

Item Fourth. - I give & bequeath to my son Joseph Stainton all my lands lying between Limestone &
Bushy creeks.

Item Fifth I give & bequeath to my son David T. Stainton all the lands I own in Section Sixteen T7R8 also forty acres lying in Section Twenty one as is believed, being land purchased of William J. Dubose also the Eighty acre tract above, given to my wife, which he is to have after her death.

Item Sixth - I give & bequeath to my son George Jefferson Stainton upon the terms & tenure hereafter named, so much of the West half of the North east Quarter of section Seventeen as lies on the north side of Brushey creek & not devised to Joseph Stainton, also the south west quarter of the South east Quarter of section seventeen Township seven Range eight being the same land I purchased said George J. Stainton, also the forty acre tract bequeathed to my said wife, which he is to have after her death - all of which said lands together with personal property herein bequeathed to the said George Jefferson he is to have, hold, occupy & enjoy during his natural life and at his death all of the property herein bequeathed to him both real & personal shall go to & vest in the children of said George J., it being my intention & desire to secure said property to his children after a life Estate to the said George J, and it is further my will & I do hereby direct that in no event shall the property herein bequeathed to said George J. be reduced or diminished by taking any portion thereof for dower and in the event dower is claimed, it is to be taken out of other portions of my Estate so as to leave the share given to said George J. undiminished-

Item Seventh - I have no knowledge that my daughter Harriet formerly the wife of Allen Cato (now dead) left any issue - should there be such issue for good & sufficient reasons I declare it to be my intention will & wish that such issue in no event take or have any portion of my Estate.

Item Eighth - I give & bequeath to the four children now living to wit, John, Elizabeth, William & David, children of my daughter Elizabeth Joy but now deceased - One hundred Dollars each to be paid them by my four sons John, David, George & Joseph in equal proportions, when and as each said children attain the age of twenty one years.

Item Ninth - I give & bequeath to my daughter Comfort Grimes wife of Joseph Grimes Twenty five Bales of Cotton weighing five hundred pounds each to be paid after the three crops heretofore mentioned are made - provided my said wife assents to the provisions of this will, but should she dissent then said Comfort shall only have the sum of Six hundred Dollars. -

Item Tenth - I give and bequeath to my daughter Hannah Jones wife of Dudley Jones in like manner Twenty five bales of cotton weighing five hundred pounds each subject to the same restrictions & benefit as contained in the last previous item.

Item Eleventh - I give & bequeath to my daughter Sarah Dubose widow of Wm. J. Dubose slaves Isaac age 29, Sue aged 24 & her child Evan aged about 4 years provided my wife assents to this will, should she dissent, then I give my said daughter Sarah one Slave to wit Isaac aforesaid.

Item Twelfth - I give & bequeath to my daughter Mary Jane wife of John Lamkin to her sole & separate use free from the control of her husband three slaves Ann aged about 18 years & her child aged about 4 years and Giles about 18 years provided my wife assents to this will, should she dissent then I give subject to same limitations & restrictions to my said daughter Mary Jeane the two Slaves Ann & Giles.

Item Thirteen - All the rest of my slaves not alone specially bequeathed, I give & bequeath to my four sons George J., John A., & David T. Stainton to be equally divided between them or their heirs.

Lastly - I do hereby nominate constitute & appoint my son David T. Stainton and my friend Asa Park to be the Executors of this my last Will & Testament.

In testimony whereof I have hereunto set my hand & seal this 30th day Of March A D 1852.

John Stainton SEAL

Signed sealed published & declared by the said John Stainton as & for his last Will & Testament in the presence of the undersigned of each other signed our names as Witnesses thereto on the day & year above mentioned.

C. McCaskill W. R. Agee F. B. Robbins

The State of Alabama ( Court of Probate. Special
Monroe County ( Tuesday Nov. 2nd, 1852

Before me Chas H Foster Judge of Probate of said County this day came Wm. R. Agee & Francis B. Robbins two of the subscribing witnesses to the foregoing Instrument who being duly sworn depose and say that John Stainton signed & sealed said Instrument & acknowledge the same to be his last Will & Testament on the day & year therein mentioned in the presence of these affiants and in the presence of Cameron McCaskill the other subscribing witness who signed their names as witnesses thereto at the request & in the presence of said Testator & in the presence of each other and that the said John Stainton at the time of executing said Will was of sound & disposing mind memory & understanding.

Wm R. Agee
F. B. Robbins

Sworn to & subscribed on the 2nd )
)
Nov. A.D. 1852 Ch Foster Judge )

More About John Stainton and Mariam Hester:
Marriage: 1802, Bladen County(?) NC.

Children of John Stainton and Mariam Hester are:
  1. +Elizabeth Stainton, d. date unknown272.
  2. Comfort Stainton, d. date unknown272.
  3. +Hannah Stainton, b. Abt. 1810, North Carolina272, d. date unknown272.
  4. Sarah Stainton, d. date unknown272.
  5. Mary Jane Stainton, d. date unknown272.
  6. George Jefferson Stainton, b. 1814272, d. date unknown272.
  7. Joseph Stainton, b. 1823272, d. date unknown272.
  8. +David Timms Stainton, b. January 12, 1827, Monroe County, AL273, 274, d. Aft. 1884, Neshoba County, MS274.
  9. John A. Stainton, b. 1830274, d. date unknown274.
  10. Harriet Stainton, b. date unknown274, d. date unknown274.
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