Last Will and Testament of James C. Stanland

 

Transcribed by Melanie Willis from an original Xeroxed copy, after having read the original at the North Carolina State Archives in Raleigh, NC on September 18, 2004.

 

About the original document:

 

  • The will was handwritten in a clear and legible hand in black ink, on a single sheet of ruled blue paper, roughly legal sized, that was folded into book format.   The will was written on 3 pages, then folded so as to show handwriting on the blank 4th page written as though it were the spine of a book:  “J. C. Stanland, Will, Recorded in Book B pages 14 & 15” .  Underneath the handwritten text is a stamped number:  “244”
  • The will does not appear to have been written by James C. Stanland.  The writer appears to have left certain blank spaces for certain names and dates, with the spaces filled by someone with a different handwriting.
  • The name in the body of the will and on the cover (or spine) is written “James C. Stanland”, but it is signed by “James C. Stanaland”.  The signature appears rather shaky, as if written with an unsteady or uncertain hand.  Next to the signature is the handwritten word, “Seal”, with curlycues drawn around it (similar to how someone would draw a cloud).  This “Seal” was apparently written in before the signature, because the last few letters of the word “Stanaland”, curve down and underneath the word “Seal”.
  • The name of James’ wife is written twice, but in both cases it very hard to read.  It looks almost exactly like “Mimma”, so that is how it is transcribed. 

 

About the transcription:

  • I have retained as closely as possible all the spellings, misspellings, grammar and punctuation of the original, except where otherwise noted.
  • There are no periods at the ends of sentences, except at the end of the item concerning John D. Stanland.  There are periods where there should be commas.  I have typed commas in their place.
  • Although they are not so in the original, I have typed proper names in all caps, except for signatures.
  • Although paragraphs are indicated in the original, there are no blank spaces between paragraphs.  I have put spaces between the paragraphs for easier reading.

 

 

 

 

 

 

 

 

 

 

I JAMES C. STANLAND of the County of Brunswick and State of Northcarolina

 

Being of Sound mind and memory, but Considering the uncertainty of my earthly existence, do make and declare this my last will and testament,  in manner and form following that is to Say:  first that my Executrix, hereinafter named Shall provide for my body a decent burial, Suitable to the wishes of my relations and friends, and pay all funeral expenses, together with my just debts, howsoever and to whomsoever owing, out of the monies that may first come into her hand, as apart or par cel of my estate

 

Item i give and devise to my beloved wife twenty acres of land so as to include the plantation in the north end of the tract whereon i now live So as to include my mansion house, all out houses and other improvements, to have and to hold to her, the Said MIMMA for and during the term of her natural life in Satisfaction for, and in lieu of, her dower and thirds of and in all my real estate

 

Item I give and devise to my Eldest Son ASA, all of that tract of land whereon he now lives, twenty acres to have and to hold to him and and [repeated on new page] his heirs in fee Simple forever

 

Item I give and devise to my Son JOHN D all of that tract of land whereon he now lives twenty acres to have and to hold to him and his heirs, in fee simple forever.

 

Item I give and devise to my youngest Son STEWARD twenty acres of land a joining his Brother JOHN D. STANLAND to have and to hold to him and his heirs in fee simple forever

 

Item I give and devise to my daughter all the tract of land whereon I now live , twenty acres [inserted here above line] except the life estate of my wife, devised in a former Item of this my will, to have and to hold to her and her heirs, in fee simple forever

 

Item I give and bequeath to my Said beloved wife all my beds and furniture,  all the household and kitchen furniture all of my cattle:  hogs and one sorrel mare and cart:  All the crop of Every description that may be upon the plantation wereon I now live and all the provisions on hand at the time of my death

 

Item I give and bequeath to MARY SIMMONS after my wifes death my mare crop stock and plantation and tools during and assign absolutely forever and lastly I do hereby constitute and appont my wife MIMMA my lawful Executrix to all intents and purposes, to Execute this my last will and testament, according to the true in tent and meaning of the Same, and Every part and Clause thereof hereby revoking and declaring uterly voyd all other wills and testaments by me heretofore made

 

In witness whereof, I, the Said JAMES C. STANLAND, do hereunto set my hand and seal this this [word repeated on new line] Feby 2cond of  A. D. 1860

                                                                        James C. Stanaland (Seal)

 

Signed Sealed, published and declared by the Said JAS C. STANLAND to be his last will and testament, in the presence of us who at his request and in his presence do Subscribe our names as witnesses thereto

 

                                        John H. Brooks

                                        Thomas X (his mark) Simmons