Will of Thomas Stockton, 1794
From the Dr. T.C. Stockton 1911 book, p. 238
[This will is unrecorded and has to be accepted on that basis. Numerous and diligent attempts have been made to find it but to no avail. Contrary to one researcher’s report, the original is not in the holdings of the Pennsylvania Historical Society in Philadelphia. CCN 1997]
[bracketed comments by Clifford C. Neilson, (“CCN”), 3703 Brooke Court, Fairfax, VA 22031-3229]
In the name of God, Amen. October the nineteenth, One Thousand Seven Hundred and Ninety-four, I Thomas Stockton, in Township of Peters, county of Franklin and Province of Pennsylvania, being sick and weak in body, but yet in perfect mind memory, blessed be God for it, calling to mind the mortality of my body. I ordain this to be my last will and Testament. First of all, I recommend my soul to God that gave it, trusting that thro’ the death and suffering of Jesus Christ, at the general Resurrection I shall receive the same again and ever live in Glory with my blessed Redeemer my will is that I be decently buried at the discretion of my executors, hereafter mentioned, and as for worldly goods, it hath pleased God to endue me with, I leave them as follows: -- viz: that note which I have of my son Thomas Stockton, I do bequeath to my son John Stockton, his heirs and assignees and further, that Fifty pounds that was due to me in the year 1786, I bequeath what is due of it only the interest to my son David Stockton, the remainder to my daughter Elisabeth Waddell, and the other fifty pounds which was due in the year 1787, I do bequeath as followeth: -- I first allow my funeral expenses accruing thereon, to be paid out of it, and the remainder as followeth I do bequeath ten pounds out of it to my son Robert Stockton and fifteen pounds unto my daughter Isabella Neilson, and ten pounds to my daughter Mary Bare, and ten pounds to my daughter Margaret Johnston, and five pounds to my son Thomas Stockton, and further, I do order and appoint my soninlaw William Waddell to be my whole and sole executor of this my last will and testament, revoking, disannuling and disallowing all former wills and testaments whatsoever made or commended by me before the day and year written above. P.S. I do allow my bed and clothes to my daughter Elizabeth Waddell, except my curtains, I do give them to my daughter Isabella Neilson, and further I do bequeath to my grandson Thomas Stockton, my great coat, and strait coat, and my breeches to my son John Stockton, As witness my hand and seal the day and year above written. Sealed, signed and delivered in the presence of us.
Thomas Stockton {Seal}
Witnesses: Thomas Waddell, William Waddell
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Ohio County, WV Willbook 2, p. 59, prepared 7 August 1810, proved in court July Term 1813
[4 Feb 1992: Will content verified against the microfilm WPA records, dated 8/7/1940. Spellings & dates okay. Reel 176 – WPA created typed work sheets from the original Willbook entries. The clerk of courts had no idea what became of the original will books.]
In the name of God amen, I John Nelson of the County of Ohio and Commonwealth of Virginia [now West Virginia-ed.] being infirm of body but of perfect mind and memory and calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last will and testament that is to say first of all I give and bequeath to my beloved wife Isabella Nelson the whole of my personal estate after my decease to her and her heirs forever. Item I give and bequeath to my son John Nelson all my Real estate or plantation containing one hundred and eighty one acres which I now live on to him and his heirs forever. Also to my wife Isabella Nelson I give one third of my plantation including the dwelling house during her natural life – and as to the rest of my children vidilicit Mary Poak, Rachel Caldwell, Isabella Martin, James Nelson, Frances Caldwell, Joseph Nelson, Margaret Huston and Elizabeth Waddle, I have given the proportions of my estate, and lastly I constitute and appoint my son John Nelson and William Waddle Executors of this my last will and testament, revoking and making null all former wills and bequeaths by me heretofore made and retifying and confirming this and this only to be my last will and testament, In testimony whereof I have hereunto set my hand and affixed my seal this seventh day of August eighteen hundred and ten.
John Neilson {Seal}
In the presence of:
James Hughs
Philip “his X mark” Crow
Alexander Berryhill
Wm. McKinley
A true copy from the original which was proven in Court at July Term 1813 by the oaths of James Hughs and William McKinley subscribing witnesses thereto and ordered to be recorded.
Teste
STATE OF WEST VIRGINIA, COUNTY OF OHIO, to wit:
I, Chester W. Kloss, Clerk of the County Commission of Ohio County, West Virginia, do certify that the foregoing writing is a true copy of the original as recorded in this office in Will Book No. 2 at Page No. 59. In testimony whereof, I have set my hand and official seal to said copy on this 5th day of June, 1990.
Chester W. Kloss, Clerk.
[Note: In addition to the above will, Ohio Co. had in 1992 for John (Sr.):
Aug 1813 property appraisal
There was no will for Isabella (née Stockton) Neilson, wife of the above John. However, there was:
19 Dec 1816 Estate inventory
Jan 1817 Estate bill of sale
June 1820 Estate settlement
There is also a will, estate inventory and estate settlement for John Nelson, son of the above John Nelson.
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Ohio County, [West] Virginia, book 3, p. 124:
[Isabella (Stockton) Ne(i)lson Estate Settlement, June 1820. She died 20 October 1816.-ed.]
In obedience to the above order we Absolam Ridgely and Hiram Hedges have settled the estate of Isabella Nelson deceased with John Nelson and John Caldwell Administrators of said estate which we beg leave of this Honourable Court to report. John Nelson & John Caldwell
To the estate of Isabella Nelson decd
To Amount of sale bill: 380.31
one note of hand doubtful and not collected on Fleeharty: 10.00
notes of hand: 182.92
cash: 297.35
[total]: $870.58
Credit
by Douglass receipt: 15.84
By Alexr. McConnells rect: 3.00
By Wm. Chapline Jr. rect: 1.44
By James Nelson rect: 100.00
By Wm. Waddle rect: 16.95
By John Marling rect: 35.50
By Job Dinning Admr. of Joseph Nelson deceased rect: 100.00
By John Poke rect: 38.12 ½
By Wm. Chapline Jr. rect: 6.25
By Isaac Leffler Atty: 5.00
By Wm. Robinson rect: 2.00
By John Marling rect: 17.08
[total]: $341.18 ½
[page 125]
Amount Brought over: $341.18 ½
A. Ridgelys receipt: 3.45 ¾
Wm. Waddle Do: 35.50
John Poke Do: 35.50
Wm. Huston by Amy Shields: 42.00
John Marling receipt: 47.42
Mary Poke Do: 26.37 ½
Wm. Waddle Do: 47.55
Geo. Huffard Do: 7.00
Wm. Huston by Thos. Huston: 58.00
John Neilson share as Heir of the estate as stated to us: 100.00
John Caldwell share as Heir of the estate as stated to us: 100.00
John Nelson & John Caldwell as rendered: 16.59 ¾
one note of hand doubtful on James Fleeharty which is not collected: 10.00
[total]: $870.58 ½
Given under our hands this 21st day of June 1820.
Hiram Hedges
Absalom Ridgely
I do certify that the above settlement of the estate of Isabella Nelson decd. is a true copy from the original which was returned to Court at July Term 1820 and ordered to be Recorded.
Teste
Wm. Chapline Jr.
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Lancaster County, PA Willbook A, p. 138
IN THE NAME OF GOD AMEN annoo Dominoy febarury the 15 1747/8 I Isble Stockton In the township of sadsbury County of Lancaster and province of pensylvania being Sick and weake in body but yet in perfict mind and memory blessed be God for it Calling to mind the mortalety of my body I ordain this to be my Last will and tesament first of all I Recommend my Soul to god that gave it thrusting though the death and Suffering of Jesus Christ at the general Resurection I shall Recive the same and Ever Live in glory with my blesed Redeemer my Will is that I be Deacently buried In the Church yard of pyque att Discretion of my execetrs hearafter mentioned and as for worly goods it hath peased god and my husband to in due me with and aleso att my disposal at my death I Lave them as foloweth that is to say the third part of all movable goods that belongs to me and allso that I alow my funeral Charges to be paid out of it first I will to my granddoughter Mary Stockton doughter to thomas Stockton five pounds also to be put to Intrest till she come to age and then to Recive both and in Case she Shuld die before She Com to age it is to fall to her Sister Isble Stockton also the rememder I will to my four Sons Thomas Stockton Robart Stockton George Stockton and David Stockton to be Equly devided amongest them also I order and apoint my two sons Robert Stockton and george Stockton to be my whole and Sole Exectors of this my Last Will and testament Revocking disanuling all other wills and Testaments whatsoever as Wittness my hand and Seal the day and year above written.
Esbell “her X mark” Stockton {Seal}
Sealed Signed and delivered In the presents of us Andrew Moore, Thomas Holliday, Ann “hir X mark” farr {Seal}
Lancaster County to wit 1 March 1747/8 then personally appeared Andrew Moore and Thomas holiday two of the Witness to the within Will & on their Oaths & affirmation Respively declared they were present & saw & heard Isabel Stockton the Testatrix above named Sign Seal publish & declare the above Writing to be her last Will & Testamt & that at the doing thereof she was of Sound Mind & Memory to the best of their knowledge.
Before me Tho. Cookson D.R.
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[Transcribed from a reproduced copy of what is purported to be his unproven will. The copy was made from the original which at that time – ca 1895 – was filed with the proven will of Robert’s wife, Isabella Stockton, in the Lancaster Co. PA Archives. Robert’s will is transcribed verbatim with minor punctuation, format, language usage, and spelling changes to conform to present documentation practices. It is obvious, from the copy from which the transcript was made, that the will itself has deteriorated and is not totally readable; although the handwriting is clear, there are folds and apparent missing text. These are shown in brackets.
The will has subsequently disappeared – 1993 – and its whereabouts was unknown to the Archivist. Copy furnished by Ms. Olive Batcher, Ames, Iowa, a noted Stockton family genealogist, and transcribed by Cliff Neilson, Fairfax, VA.
“In the name of God, Amen, anno. domino, February the 8th 1747 [1748 – Until 1752, England and its colonies used an ecclesiastic calendar. The year in question was 1748 by modern standards.] I, Robert Stockton, in the township of Sadsbury, County of Lancaster, and Province of Pennsylvania, being sick and weak in body but yet in perfect mind and memory, blessed be God for it, calling to mind the mortality of my body, I ordain this to be my last will and testament.
First of all, I recommend my soul to God that gave it, trusting through the death and suffering of Jesus Christ at the general resurrection, I shall receive the same, and ever live in glory with my blessed Redeemer. My will is that I be decently buried in the churchyard of Pyque [Pequea] at the discretion of my Executors hereafter mentioned. And as for worldly goods it hath pleased God to endow me with, I leave them as follows:
First, I will that my funeral charges and just debts be first paid out of my personal estate [illegible].
Item: I give unto my well beloved wife, Isabel Stockton, eight pounds paid out of my real estate and one third part of all my personal estate for her own use to dispose of it as she pleases and when she pleases. And at the end of her natural life, the said eight pounds that is to be paid out of the real estate [illegible] then to fall into the hand of my [illegible] afterward mentioned [illegible]
Item: I give unto my son Robert [illegible]
Item: I give unto my son, John Stockton, five pounds out of my real estate.
Item: I give unto my son, George Stockton, twenty pounds out of my real estate.
Item: I give unto my son-in-law, John Young, five pounds out of my real estate.
Item: I give unto my son-in-law, William Keeth, five pounds out of my real estate.
Likewise, I order that it shall not be in the power of any of these five legatees to sue my Executors or recover any of these sums until the expiration of three years after my wife’s decease.
And as for these seven orphaned grandchildren of mine that it has pleased God to take away both father and mother that left to my [illegible] as his will makes apare*** in April last [1747] and to sell his real and personal estate to pay his debts I humbly beg that the honorable court would be pleased to nominate the two honest men that I chose, the uncle, Thomas Stockton and David Stockton, to be guardians over the said seven orphan children knowing by experience that there will be but little coming to them when the debts are paid and to take care of life [illegible] to take care that the said orphans be kept [illegible] of in [illegible] til they be fit to put to [illegible].
And further do order and appoint that these, my two sons, Thomas Stockton and David Stockton, to be my whole and sole Executors of this my will testament, revoking, disallowing, and disannulling all former wills and testaments whatsoever made or commenced by me before this.
And I further order and appoint that these my two Executors, after paying all my just debts and funeral charges, shall inventory my real and personal estate only what is bequeathed out of it.
As witness, my hand the day and year above written.
Robert Stockton {Seal}
Sealed, Signed, and delivered in the
presence of us
proved by Wm. Carr
Thos. Holliday
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