Friday, March 12, 2010

Friend of Friends Friday -- Winstead

This week I am going to post the slave information from hubby's Winstead ancestors starting with hubby's 7th great-grandparents Samuel and Winifred Winstead.

Samuel Winstead, Jr. (25 Oct 1701 - Abt. 1773)

To Wife, Winnefret: "All the lands that I had of Edward Bullock [74 A. purchased 12 Feb 1751] and James Harold [50 A. purchased October 14 1745] during her natural life, and afterwards to her, son Francis Winstead, and his heirs."

"My four oldest slaves, Will, Dwinsher, Sarah and Sone, to be sold and so equally divided amongst my former children that I had by my first wives."

"The rest of my estate to my wife, Winnifret during her natural life and afterward to be equally divided amongst all my children."

Wife and son, Samuel, to be executors.
Witness, Joseph Powers & Richard Grimstead.

(Will written, 7 April 1773; probated 14 March 1774. 
Northumberland Co, St Stephen's Parish, VA)


Teste., Catesby Jones, Ct. Cur.

Know all men by these presents that I, Winefred Winstead of the County of North'd and parish of St. Stephens, do make over my whole Estate of Lands, Negroes namely George, Richard, Job, Harry, Sarah, Lucey, Minnay and Sarah, and all my Stock of Cattle, Hogs, Sheep and Horses that I shall have in possession on the first day of November 1783. To my son, Francis Winstead, to act and manage as my said son shall think fit for the benefit of my Estate during my natural life, provided that my said Son, Francis Winstead, will maintain my Self and family as far as my Estate will admit of with Frugality etc., and I do agree that if my Son, Francis Winstead, should make anything more than for my Support above mentioned that he may apply to his own use, and I, the said Francis Winstead, for my part do agree to settle of all acc'ts & discharge for my said Mother, Winefred Winstead, that shall come against her and further I do afree if I, the said Francis Winstead, should not perform the above as far as the Estate will admit of them then I do agree that my said mother should take her estate out of my hands & I, the said Winefred Winstead, do agree to perform the above under the penalty of two hundred pounds. Give under my hand this First Day of July 1783.

(signed) Winefred Winstead (SEAL)

Signed (and) Seald in presence of ________

(Signed) Mathew Self
John L. ____ (?)


Below are links to wills that I found while doing a search for Winsteads.

Samuel Winstead, III
Mandley Winstead
Jordan Joyner,sr
Drury Taylor
Christopher Taylor
Hardy Taylor
Harry Taylor
Rosamon Taylor
Wilson Taylor

Narrative of Rachael Stout Winstead, former slave of Stephen Hall Winstead.

I found this next will on

North Carolina Wills and Inventories

Richard Caswell's Will.

In The Name Of God Amen. I, Richard Caswell , of Dobbs County , in the State of North Carolina , Do this second day of July , in the Yiear of our Lord, one thousand, Seven hundred and eighty seven, make and declare this to be my last Will and Testament as the one I made on the death of my dearly beloved son, William Caswell , will not suit withe my present circumstances, I declare that and all former Wills and Testaments by me made, null and void, holding this and this only for firm and effectual, which is as follows:

First, I reserve for the use of a burying ground for all those of my family and Connections who may choose to bury their Relations and friends there, one half acre of Land where the Bones of my dear father and Mother lie, at a place called the Hill, to be laid out East, West, North, and South so as to leave those Bones near the centre of the said half Acre of Ground, and I also reserve in like manner, one half Acre of Land where the Bones of beloved wife (and) and son, William , now lie near the red house, to be laid out in the same manner and for the same purpose as the above half Acre is directed; and these two half Acres to be reserved for the uses afores'd for ever. And its likewise my Will that those who wish to bury their Dead at either of the said places and coming with in the meaning of the description above, shall always have liberty of Egress, Ingress and regress to, at and from the said respective burying grounds to bury the dead or repair or raise an enclosure to the same.

Secondly, To prevent any kind of Dispute which might arise between my Brother, Martin Caswell , or his heirs or Assigns with those claiminge under me, I declare all the Land comprised within his Title from Samuel Caswell or the Title to Samuel Caswell or Nathaniel Bird, I have no claim to, notwithstanding my patent may be of a Younger date, than the Deed I granted to Nathaniel Bird for the same.

Thirdly, Whereas, my Brother, Samuel Caswell,in his life time and myself, agreed for two hundred acres of Land whereon he lived, immediately before his death, which was to begin at Mackilwean's (corner) corner next the river, near Mrs. Skiners dwelling and run up Mackilweans to Dosiers out corner, then with his line to the flat branch near the end of Mr. Coasts feild , then with the side of the said Flat and high Land down to where a small branch empties into the said Flat branch, which runs through Keilings old field, then a direct line to the mouth of the Cypress Gut, then down the river a small distance to Boxes corner, then with his line out to my corner, and then to the Beginning, which included part of Dosiers, Keilings, Boxes and my own former claims, for three hundred pounds and notwithstanding a very small part of that Sum was paid me in my said Brothers life time, and knowing it would very much distress his family was I to require the remainder, therefore, I leave the use of the Land aforesaid with the plantations and appurtenances to my Sister, Eleanor Caswell,the widow of said Brother, untill her son, Shine Caswell, arrives to the age of twenty one Years, at which period I give and devise the same to him, the said Shine Caswell, his heirs and Assigns for ever.

Fourthly, I give to my Grandson, Richard William Caswell , a negro boy named Boson, and his assigns for ever. Fifthly, I give to my Grandson, Richard Francis Mackilwean , a Negro boy named Daniel, and to his Assigns forever.

Sixthly, If Jonathan Morris chooses to take the Land whereon old Jack lives, which I bought at the vendue of Richard Caswell, Junrs : estate at the price I gave for it, I desire that the Title may be made to him for the same.

Seventhly, Whereas, I purchased at the Vendue of the Estate of my Son, Richard Caswell , one Lot and half a Lot of Land in Kinston, with the house wherein Mrs. Caswell now lives, and the appurtenances, one Negro Woman named Sarah, one Negro girl named Sall, one Negro boy named Charles, and one Negro boy named Jim, which Lot and Half and premisses, with the said Negroes, I leave the use of to my Daughter in Law, Mary Caswell, until my Neice, Sarah Caswell, her duaghter, arrives to the age of eighteen Years, if my said Daughter should so long live, and at that period or at the time of my said Daughters Death, if it should happen before my said grand Daughter arrives to the age aforesaid, I give, devise and bequeath the said Lot, half Lot, and premises with the said Negroes, to my said Grand Daughter, her heirs and Assigns forever, to be delivered over to her free of any charges or incumbrances on account of the maintenance and support of my said Grand Daughter. And as it is uncertain into whose hands she may fall, or it may so happen that she may fall into distress unless provided for by me, I therefore desire the Executors of this will in such case to find her reasonable and decent support, in cloathing and board, and attend to her Schooling and Education, which they shall thenselves pay to those who may be intitled to receive the expences of the same, without its going through other hands, and shall be a charge against my Estate, which Support in the case aforesaid, I direct shall be made and continued to her until she arrives at the age of eighteen years or marries.

Eighthly, And, as I have heretofore virtally given to my Daughter, Anna Fonvielle, the land I hold on the East side of the Atkin branch from the road down to the river and down the same to the mouth of the Cypress gut, bounded by the lines, from thence, of the Land herein given to Shine Caswell, and John Coasts lines and my own lines to the road, and then with the road to the Beginning, including all the Land I claim adjoining the atkin and Neuse, below the road, is what is called the walnut Hill and contains about three hundred acres. I have also verbally given to my said daughter, Anne, Negroes, Peter and his wife Barbara, and Doll, these verbal gifts I now confirm to the said Anna Fonveille, her heirs and Assigns for ever.

Ninthly, Whereas, I am engaged to pay very considerable Sums of Money on Account of purchases made of my dear son, Richard 's estate, and as the articles then purchased will be no means bring a sum sufficient, and as I cannot now discrimintate what of my property may be best to dispose of, to raise money sufficient to pay all my debts, I hereby direct the Executors hereof or such of them as may be acting at the time it may become necessary to dispose of such part of my real or personal estate, as he or they Judge necessary and on such terms, tho I think twelve months credit will be best, may appear most for the advantage of my Estate and I hereby empower such Executor or Executors to make Legal and authentic conveyances to the purchasers for the same.

Tenthly, After my Debts are paid and the expences of my household, and Schooling of my children, with every other incidental charge so as a fair and just inventory of the remainder of my estate can be made, of both real and personal property, I require my Executors or acting Executor to return such inventory with his or their Account of the whole transactions relative to my estate, to my friends, Spyers Singleton, Robert White, John Herritage, Jesse Cobb, Francis Childs, Simon Bright, Joshua Croom, Benjamin Caswell and John Coart, or the majority of them or of the Survivors of them, and I request such majority, will arange the personal estate into five equal divisions or parts as near as may be, of which parts, I give my wife, Sarah Caswell, one, which I request she may be allowed to choose, at the same time I request such majority of my friends may set apart for my said wife, in lieu of her dower of my Lands, as she may choose to live on, and such part I leave her the use of during her Natural life; the other four remining parts of my personal property, I request may be drawn for by my three sons, Winston, Dollam, and John, and my daughter, Susannah, and such part as they shall respectively draw I give to the drawer of the same forever. The remainder of my real Estate, I give in like manner, and recommend an appraisment to be made by my friends or a majority of them, or the Survivors of them, so as to assertain the value, and then to put them in four Lots as nearly equal as may be, those Lots to be drawn by my aforesaid four children, Winston , Dallam , John and Susannah, and such Lot I give to the respective drawers, his or her heirs and Assigns forever.

Lastly, I nominate and appoint my said Sons, Winston, Dallam, and John Caswell, Executors of this my Last Will and Testament, that is to say, Winston to act alone untill Dallam arrives at twenty one Years of age, then those two to Act until John arrives to the age of Twenty one years, after which the whole to act as Executors 'till the business is compleat, and I appoint my good friend James Glasgow , in trust to advise and direct the due Execution hereof, which I beg he will attend to.

In Testimoney of the premises, I have hereunto Set my hand and Seal, the day and year first herein written, contained on five sides.
R. Caswell , (Seal).
Executed in presence of us, who have subscribed our names as Witnesses in presence of the Testator, and of each other: Simon Bright. James Bright.

A Codicil to the foregoing last will and Testament of Richard Caswell , made and executed the same day of the will and is to be considered as a part of the same, that is to say, I give to my son, Winston Caswell , Negroes Venus and Diamond, and to his Assigns for ever, to be appraised in like manner and by the persons named in my will, and the Value deducted from his one fourth part, with my Sons, Dallam and John , and Daughter, Susannah.

It is further my Will, that in case of the death of any of my now living children, to wit, Winston , Anne , Dallam , John and Susannah , before marriage, arriving at lawful age or legally disposing of any of the property, herein given, then, that such property shall go to my surviving children and their heers and Assigns, to hold for ever.

Witness my hand and seal which is affixed to the string that binds these two sheets together.
R. Caswell . (Seal)
Executed in presence of: Simon Bright . James Bright .
State of North Carolina, Dobbs County. January Court, 1790 .

1 comment:

  1. Hello.

    I am an ancestor of Samuel Winstead Jr. However, I am an ancestor of his first marriage with Elizabeth rather than Winnefret. I didn't know he owned slaves! Thanks for the will information!

    Kenneth J. Myers Jr.



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