Will of Joseph Winston (1746-1815) married Elizabeth Lanier
1814 Apr 12 - Stokes Co., NC - Will of Joseph Winston:
In the name of God Amen. I Joseph Winston Senr. of Stokes County & State of North Carolina being weak
in body but of sound and perfect mind & memory do this twelveth day of April in the year of our Lord
one thousand eight hundred & fourteen make and ordain this to be my last will & testament in manner
and form following that is to say -
First I give and bequeath unto my son Robert the lower part of my tract of land beginning at Evans ford on
the Townfork running thence a south course through the low grounds to the Hill and thence a course as to
strike his own line where it crosses the public road Viz all the east side of said line suppose to contain one
Hundred acres. And also a tract of land situate on Sandy Creek known by the name of Muskedine Bottom
containing one hundred acres.
2nd I give & bequeath unto my son Robert my old Desk and also my ox cart & work oxen
3rd I give and bequeath unto my son Joseph the Balance of my tract of land including where I now live with
the surveys adjoining the same together with the tract of land I purchased of David Davis & the mill seat
supposed to Contain seven hundred acres.
4th I give and bequeath unto my son Joseph Eight negros viz: Cato, Will, Doctor, Violet and all her children &
increase.
5th I give and bequeath unto my son Joseph my waggon and Geer & Blacksmith tools and also all my stock of
every kind and all my working tools and farming utensils & likewise all my household and kitchen furniture of
every description except my Bureau and provisions of all kinds of which I die possessed including grain of all
sorts & meat &c.
6thly I give and bequeath unto my son Joseph all my outstanding debts due me with by bonds notes or open
accounts and I will that my son said son shall pay and discharge all my just debts and funeral charges.
7thly I give and bequeath unto my daughter Sally my Bureau.
8thly I give and bequeath unto son Lewis a negroe girl named Lydia in order to make him an equal share my
other children.
9thly I will that the remainder of my negroes not heretofore bequeathed with all their increase be equally
divided among my children except my sons Joseph & Fountain to be equally divided among them
share and share alike.
10thly I give and bequeath all my western land Five thousand acres entered into Colo. John Armstrongs
Office and also three thousend acres I purchased of William Ferrel Lewis which is deeded unto my all
Children except my son Joseph to be equally divided among them share and share alike.
11thly From matters of humanity it is my will and desire that my son Joseph should take care of my two old
negroes viz: Tom & Cloe and maintain them during life.
12thly I give and bequeath unto my son William old Sword in conseqence of his having been wounded in the
defense of his Country.
13thly I give and bequeath unto my son Joseph my sword presented me by the Legislature of North Carolina
& is my desire that he should use it in defending the rights of his Country only.
14thly I give and bequeath unto my son Samuel my bed and diamond Knubuckles as a curiosity to remember
me.
15thly I give and bequeath unto my son Lewis my watch which I desire him to receive & keep in remem-
brance of me.
16thly I give and bequeath unto my son Fountain my gold sleeve buttons.
This having finished my demise and bequeathed among my heirs the property wherewith it has pleased
the authin of my existence to bless me, in as equalable a manner as I am capable I have thought proper
to subjoin the following lives from the past having a will grounded confidence that they will shortly be
verfied in me. Viz: "My suffering time shall soon be over
Then shall I sign & weep no more
My ransom[e]d soul shall soar away
To sing the praises in endless day."
17thly And I do hereby nominate appoint & ordain my frends & neighbors Isaac Dalton and Andrew Bowman
Esquires & my three sons viz William Lewis & Joseph Executors of this my last will and Testament to carry the
same into effect and do hereby utterly revoke disannul & make void all former wills & testaments by be at any
time heretofore made ratifying & confirming & establishing this and no other to be my last will & testament.
In witness whereof I the said Joseph Winston Senr. the testator have hereunto set my hand and affixed my
seal date as above.
Jos. Winston SEAL
Signed sealed published & prononced by Joseph Winston Senr. the testator as his last will & testament in the
presence of us the subcribing witnesses who were presence at the time of signing & sealing thereof.
Archibald Campbell
Hampton Bynum
Stokes County June Term 1815
The execution of the last will and testament of Joseph Winston Senr. decd. of which the foregoing is a true
copy was duly proven in open court by Archibald Campbell & Hampton Bynum & ordered to be recorded .
Done accordingly
Robt. Williams C.C.
by Thomas T. Armstrong
Transcribed by Judy Stanley Cardwell in 2005
Will and Estate Records of
Joseph Winston
1746-1815
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Estate of Joseph Winston
1815 Sept 13 - Stokes Co., NC - From the Estate of Joseph Winston:
North Carolina Stokes County
To the worshipful the Justices of the Court of Pleas & Quarter Sessions for Stokes County.
The petition of William McDaniel & Patsy McDaniel his wife, Samuel Richardson and Eliza his wife, Thomas
Winston, Charles Dalton & his wife Sally, Robert Lee Winston, William Winston, Samuel Winston, Lewis
Winston & Fountain Winston against Joseph Winston [Jr], Isaac Dalton and Andrew Bowman. Humbly shew
unto your Worships your Petitioners William McDaniel & Patsy his wife Samuel Richardson & Eliza his wife
Thomas Winston Charles Dalton & his wife Sally Robert Lee Winston William Winston Samuel Winston Lewis
Winston and Fountain Winston that Col. Joseph Winston late of the County of Stokes deceased departed
his life on or about the month of April 1815 leaving your Petitioners Patsy McDaniel (who is intermarried
with William McDaniel) your petitioner Thomas Winston Sally Dalton ( who is intermarried with Charles
Dalton) your petitioner Robert Lee Winston William Winston Samuel Winston Lewis Winston and Fountain
Winston and the Defendant Joseph Winston his children who together with Eliza Richardson are his next of
kin & heirs at law entitled to have his clear personal estate distributed among & between them equally
share & share alike & on whome teh real Estate of said Decedent descended as Tenants in Common &
your Petitioners Samuel Richardson & his wife Eliza further shew unto your Worships that Elizabeth Williams
deceased late wife of Robert Williams was also a daughter of the said late Joseph deceased & that she
departed this life some time before the time of the death of her said father having your said Petitioner Eliza
her only child who hath intermarried with your petitioner Samuel Richardson and is entitled to represent her
said deceased mother in the rights to the Estates of the said decedent
Your petitioners further shew that the said Joseph deceased died intestate. It is true indeed and your
petitioners admit that a paper purporting to be the last will & testament of the said Joseph decd. in & by
which the Defendant Joseph Winston Junr. Isaac Dalton & Andrew Bowman & your petitioners William &
Lewis are constituted the executors thereof, has been produced by the said defendants since the
death of the said Joseph Senr. which they have caused to be proved by the oaths of Archibald Campbell &
Hampton Bynum the Subscribing Witnesses thereto and the said defendants qualified accordingly - But your
Petitioners shew to your Worships that the said paper writing is not the last will & testament of the said
Joseph decd. for they alledge & hope to prove that the said Joseph decd had been for a long time before
the making said paper writing afflicted with a paraleftic affection and other deceases which had reduced
him to a very low state of health and greatly impaired the strength of the faculties of his mind & memory &
was incapable of making a will. They further shew that the said Joseph Junr. & his family resided with is said
father & had great influence & control on their opinions & conduct of said decedent in his later days while
laboring under bodily disease and mental debility and they expressly charge that the said Joseph Junr. &
his family did in fact exercise that influence & control over the the said Joseph Senr. decd. & thereby
induced him in the said paper writing to devise & bequeath to the said Joseph Estates to the value of
Eight or Ten Thousand pounds to the exclusion of your petitioners, among the whole of whome and estate
of the value of only three thousand pounds or thereabouts is left to be divided. such a marked & decided
partially sufficiently & of itself evinces the feebleness of the powers of the mind of the decedent
& the prostration of self will in him before the moral compulsion exercised towards him by the said Joseph
Junr. But your petitioners hope and expect to prove by express said circumstances the existence of such
ability in the said Joseph to improperly influence the decisions of his father in dolage & actual exercise of it
in the premises & therefore they charge that the decedent did make & execute the said paper writing
under the operation of the undue inflenence exercised over him by the said Joseph Junr. Your petitioners
further shew that the said defendants caused the said paper writing to be proved in this worshipful Court at
the last term thereof without giving your petitioners (who reside in Tennessee & the Mississippi Teritory) had
even heard of the death of the said Joseph deceased in time to be at Stokes before the Court should
sit whereby they were precluded from entering any caveat to the probate of said paper writing as a last will
& testament or to take any steps before this time to set aside the said probate. But your petitioners now
show that by reason of the causes & facts herein before set forth the said paper writing is not the last
will & testament of Colonel Joseph Winston decd. & they pray that process may espice to the said Joseph
Winston Junr. Isaac Dalton & Andrew Bowman as executors of the said pretended will and to the said
Joseph as legatee & devise under the same, to appear at the next term of this Court to be held for and on
the for then & there to shew cause why the said probate may not be set aside and administration
granted on the said personal Estate All which your petitioners pray may be done and also pray your
worships to grant to your petitioners such other & further relief as their case may require & your petitioners
as in duty bound will ever pray &c.
Thomas Ruffin for Petitioners State of North Carolina
To the Sheriff of Stokes County Greeting
You are hereby commanded to summon Joseph Winston Isaac Dalton & Andrew Bowman personally to
appear before the Justices of our next county court of pleas & quarter sessions to be held for the County
of Stokes at the Court house in Germanton on the Second Monday of December next & then answer
to the foregoing petition & your are further commanded to serve each of the said Defendants with a copy of
the said foregoing petition. Herein fail not & have you then this writ.
Witness Robert Williams
Clerk of our said Court at office the second
Monday of September AD 1815. Robert Williams, C.C.
A copy of the within petition was delivered to Andrew Bowman the 13th of Nov. (1815) & on the 24th a copy
of the same was delivered to Joseph Winston, 1815 at and &c. agreeable to subpoena also Isaac Dalton
being summoned & notified but no copy given him. C. Banner, Sheriff
Transcribed by Judy Stanley Cardwell, 2005