Butler-Chambers County AlArchives Wills.....Stamps, Britton March 23, 1869 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Freddie Shearin gfpq@aol.com August 15, 2015, 10:23 am Source: Greenville, Butler County, Alabama Probate, Pages 140-145 Written: March 23, 1869 Recorded: September 15, 1866 LAST WILL AND TESTAMENT OF BRITTON STAMPS In the name of God, Amen: I, Britton Stamps, of Butler County and State of Alabama, do make, publish and declare this to be my last will and testament, hereby revoking all former wills by me made. Item 2: My will and desire is that all of my just debts to be first paid and should it be necessary to sell property to pay my debts, I hereby empower my executors hereinafter named to sell off such property as they think be stand make letters to the same. Item 2: Whereas I have here to before made advancements to the following named children by my first wife, twit: Lorena J. Wooddily (sic), wife of Samuel Woodily deceased Louisa W. Johnson, wife of William Johnson, deceased Jonathan S. Stamps Elizabeth Celloon, wife of Bluford Moore, deceased Sarah E. Elam, wife of Joel Elam Mary S. Parker, wife of Ephraim Parker Hardy J. Stamps William J. Stamps Britton F. Stamps Lucy T. Farrar, wife of Porter Farrar to each, one negro and other property making each one equal at six undred dollars which is in full of their distributive share of my estate, which I think is probably more than will be for my children by my second wife in consequence of the loss I sustained by the late war. Item 3: My will and desire is that all of my property, both real and personal, shall be kept together during the life of my wife or widowhood and should my wife and family become dissatisfied to reside here we now live, I do hereby empower my executors to sell the land and buy else here and to make and receive titles for land sold or purchased, but the land purchased to be and remain the property of my estate and my executors are authorized and empowered to sell and buy other property for the benefit and interest of my estate. And I do hereby empower my wife to make advances to her children of such things as she can as necessity may require and to keep an account of the amount advanced to each one at responsible valuation so be about their distributive share of my estate and the residue of my property to be kept intact during the natural life of my wife or widowhood and should my wife marry again all of my property shall then be equally divided so as to make each equal of my children hereafter named, and my wife to have an equal share with said children and at her death that share to be equally divided between her children. Item 5: My will and desire is at the death of my wife that all of my property to be equally divided between: Cyntha W. Stamps, George R. Stamps, Edna Stamps and John Stamps but the said George R. and John W. to account for that I have given them at a fair valuation Item 6: Whereas I hold patents to...lots of land in the County of Tallapoosa and State of Alabama, as shown by...8329, to wit the west 1/2 of the south..lots 5 1/4 of section 5, township 24, range 23 in a tract IWA (?) there was some four or five...one was William Daniel and one John J. Steiner who has assigned his claim to John C. Tente, the other I do not recollect. The other lot 8347 (8317) fifteen, township twenty one, range twenty two. These were somehow shown in said lot to wit: Ephraim Parker, William Cox, the others I do not recollect. Cox sold his interest to Thomas McBurney and I have made a bond to make McBurney titles to one-tenth interest in said lot, but have never been called on for titles. I hereby empower my executors to make titles of a quit claim if any of the histories should establish his claim or dispose of the lots..in...may agree, provided, I do not arrange it during my life. I also have a lot of land in Early County in Georgia 272 in the 28th District containing 250 acres. The plat and grant in the hands of Mr. Stafford Blake of Early County, Georgia. And I empower my executors to dispose of said lands as they may..if it has not been sold for taxes. Item 7: I hereby appoint my wife Sallie Stamps and George R. Stamps executor and executrix to this will, my will is and I do hereby release my executors from giving bond and security on the probate of this will and my will is and I do hereby release them from making security as required by law. Signed, sealed and acknowledged this 15th day of September 1866. Britton Stamps {seal} In the presence of: Nathan Wright, William Hicks, Charles P. Wattes. * * * * * State of Alabama County of Butler, SS: Personally appeared before me Samuel S. Gardner, Judge of Probate foresaid County, Nathan Wright and Charles P. Watts, two of the subscribing witnesses to the foregoing paper writing, who being first duly sworn, doth depose and say that they were present and said Britton Stamps whose name is signed to the foregoing paper writing signed and subscribed the same as and for his last will and testament, that the said Britton Stamps was at the time of a sound and disposing mind, memory and understanding; that they signed their names as witnesses to the said Britton Stamps and in the presence of the other subscribing witness, and in the presence of each other on the day the same bears date. Charles P. Watts Nathan Wright Sworn to and subscribed before me this the 23d day of March, 1869. Sam'l S. Gardner, Judge of Probate The foregoing paper writing was on this the 23d day of March 1869 admitted to probate as and for the last will and testament of Britton Stamps, deceased and recorded in Book of Wills in the Probate Court for Butler County, Alabama, on page 140, 141, 142, 143, 144 and 145. Attest: Greenville, Alabama Sam'l S. Gardner, Judge of Probate Sworn to and subscribed before me this the 23d day of March, 1869. Sam'l S. Gardner, Judge of Probate Additional Comments: BRITTON STAMPS The Goldsmiths and the Stamps moved from Chambers County to Butler County, Alabama, about the same time, circa 1862. The Goldsmiths settled north of Greenville and the Stamps, seven miles west of Georgiana and nine miles north of Garland. Britton Stamps' second wife Sallie died on September 28, 1867. William Goldsmith died circa 1865 as his will was probated in Butler County of September 27, 1865. He wrote his will on December 16, 1854 in which he named his four sons: James M. Goldsmith, Andrew Fuller Goldsmith, John B. Goldsmith, and George W. Goldsmith. Three of his sons were named as executors, George being excluded because his intellect was obtuse. It is not known how many of his sons were living when their mother married Britton Stamps on August 16, 1868, but the existence of some step-brothers might explain the contention of Lee Stamps that his father had always said there were 24 children and that John Henry Stamps was the youngest, excluding the twins who died at an early age. John Henry Stamps was the youngest. He was only 19 years old when his father remarried and it is possible that he knew his step-brothers as well or better than he may have known his much older half-brothers and half-sisters who remained in Georgia or in Chambers County, Alabama. * * * * * Britton Stamps and his second wife are buried in a private cemetery (Stamps Cemetery in Georgiana, Butler County, Alabama, USA - I have copies of headstones). He had the property set aside for his family and their former slaves. He believed in private cemeteries. His father, James Stamps, was buried in a private cemetery in Lafayette, Chambers County, Alabama. Britton Stamps and his wife are the only other white people buried in the Stamps Cemetery. The other Stamps buried there were slaves and their descendants such as slaves Spencer and Sarah Stamps. It is well kept, considering that it is out in the woods. An old Negro man who lives nearby, and a descendant of one of Britton Stamps's slaves, with the help of other members of his family, cleans the cemetery regularly by keeping the underbrush cut back. The grave markers for Britton Stamps and his wife are about five to six feet tall and about two feet wide, made of granite or of marble. The cemetery is in a small forest near Georgiana, Alabama. In Memory of In Memory of Britton Stamps Sallie Stamps Born 13th Dec 1792 Born February 20, 1811 Died 17th Dec 1868 Died September 28, 1867 File at: http://files.usgwarchives.net/al/butler/wills/stamps123wl.txt This file has been created by a form at http://www.poppet.org/alfiles/ File size: 8.8 Kb