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This page was last updated November 29, 2000

Will of Mary M. Stokes-Claiborne
And Order Book Notes


Submitted by Kent A. Elam Jr.

Will of Mary M. Claiborne
Mecklenburg County Virginia
Dated - October 17, 1839
Probated - January 19, 1846
Will book 16, page 228-229

Submitted by Kent A. Elam Jr.  29 Nov 2000
kbjrelam@mail.villagrove.com 


I Mary M. Claiborne of the county of Mecklenburg and state of 
Virginia do make and ordain this instrument of writing to be my last 
will and testament. First, it is my will and desire that the tract of 
land whereon I now live, all my household and kitchen furniture and 
stock of every ___?___ be sold on account of ___?___ and out of the 
proceeds thereof my just debts be paid and the balance to be disposed of 
in manner and form following. Second,  I give, devise and bequeath unto 
my son Phillip D. Claiborne the sum of one dollar to him and his heirs 
forever. Thirdly, I give, devise and bequeath unto my son William B. 
Stokes the sum of one dollar to him and his heirs forever. Fourthly, I 
give, devise and bequeath unto my daughter Elizabeth B. Elam, the wife 
of Reps J. Elam, the sum of one dollar to her and her heirs forever. 
Fifthly, I give, devise and bequeath unto my daughter Sally M. Bysser(?) 
the wife of John Bysser(?) the sum of one dollar to her and her heirs 
forever. Sixthly, I give, devise and bequeath unto my daughter Catherine 
C. Weatherford the wife of William Weatherford all the money I may have 
on hand at my death also all the money that may be due or become due for 
___?___ together with all the residue of my estate not otherwise 
disposed of to him and his heirs forever. Lastly, I nominate and appoint 
William Weatherford and Robert Saunders, executors to this my last will 
and testament and that no security be required for the just performance 
of the office hereby revoking all other former wills by me heretofore 
made.
In testimony whereof I have hereunto set my hand and affixed my 
seal this 17th day of October in the year of our Lord one thousand eight 
hundred and thirty nine.

Mary M. Claiborne

Signed, sealed and delivered in the presence of

R. Saunders, Jr.
David Thompson, Jr.
John(?) Booth

At a court held for the county of Mecklenburg at the courthouse thereof 
on the 19th January 1846 the foregoing last will and testament of Mary 
M. Claiborne was this day presented in court and justly proved by the 
oath of David Thompson, Jr. one of the subscribing witnesses and ordered 
to be recorded and on the 18th of February 1846 the same was again 
produced in court and justly proved by the oath of John Booth another 
subscribing witness thereto and ordered to be recorded and Robert 
Saunders one of the executors therein named by his letter addressed to 
the court refused to take upon himself the burdens of the execution 
thereof and it appearing that William Weatherford the other executor in 
the state of Tennessee and on motion of D.J. Bysser(?) who made oath 
thereto and together with John Booth his security entered into bond in 
the penalty of $200 conditioned according to law certificate is granted 
him for obtaining letters of administration with the will annexed in due 
form.

Teste Richard B. Baptist, cc
+++++++++++

Earlier Order Book Entries relative to this family:

Mecklenburg County Virginia
Order Book 10, page 187
Stokes entries, no dates.

[LVA shows Meck. Co. Reel   38   Order Book No. 10 includes 1798 - 1801/
JGS]

Atway Byrd, executor of William Munford, deceased (plaintiffs)

Against

Mary M. Stokes, adminstratrix and David Street, administrator of David 
Stokes, Jr., deceased and Elizabeth B. Stokes, Sarah M. Stokes, William 
B. Stokes, and Mary M. Stokes children and heirs of the said David 
Stokes, deceased by Mary M. Stokes who is assigned their guardian to 
defend suit and the said Mary M. Stokes as widow and entitled to dower 
of the estate of David Stokes, deceased. (defendants)

It appearing to the court that the sale did not take place according to 
the decree of November court last therefore it is ordered that the 
commissioners formerly appointed or any three of them do proceed on the 
Saturday after next at Samuel ___?___ and thereto execute the said 
decree and make report to the court.

Mecklenburg County Virginia
Order Book 10, page 243

Ordered that Thomas A. Jones be appointed guardian of for the special 
purpose of defending their interest in chancery at the suit of Leonard 
Claiborne and Mary his wife late Mary Stokes who was the widow of David 
Stokes, deceased.

Leonard Claiborne and Mary his wife late Mary Stokes who was the widow 
and relict of David Stokes, deceased (plaintiffs)

Against

Elizabeth Stokes, Sarah Stokes, William Stokes and Mary Stokes infant 
children of David Stokes, deceased by Thomas A. Jones specially assigned 
by the court their guardian for the purpose of defending this suit 
(defendants)

By consent of the parties by their counsel and guardian respectively 
this cause came on to be heard. On consideration whereof it is decreed 
and ordered the Richard Kennon, Edward Jones, Joseph Gregory, Samuel 
Christian, George H. Baskervill and Abraham Keen, gent or any three of 
them do lay-off and assign unto the plaintiff Mary her dower in the 
lands of the said decedent and make report thereof to the court.