| Riley-MO-1828-9-Will Will of Ninion Riley, Jr., Clay Co, MO 1828/29 (Elder Slave) FY,NC,MD MARSH, ESTES, CLARK, COTTON, WATTS SLAVES: boy LEVY little negro girls LUCINDA and AMANDA old man JOE and his WIFE WILL OF NINION RILEY, JR Deed Book B page 267 Clay County, Missouri In the name of God - Amen I, NINION RILEY of County of Clay and state of Missouri do make and ordain the my last will and testament revoking all others. And First, in case of my death, I wish my body decently buried at the place already designated and all my debts and funeral expenses paid off before any other distribution of estate takes place. 2nd That portion of my estate which I wish to distribute and divide is the following. My land and negroes only. My land I give to my SON BENJAMIN upon his paying to the estate the sum of three hundred dollars within the space of one year after my decease, two hundred and fifty dollars of said money to be paid to my DAUGHTER MAHALA WATTS, to supply the space of THE BOY LEVY provided she puts said boy at the disposal of my SON BENJAMIN. My TWO LITTLE NEGRO GIRLS LUCINDA and AMANDA or their value and the balance of the money for my land to be equally divided between all my heirs at law after charging JAMES MARSH with the sum of one hundred and thirty dollars which I paid him more than MY OTHER DAUGHTERS. It is my will and desire that MY OLD MAN JOE AND HIS WIFE continue with MY SON BENJAMIN and be under his control BUT FOR HIS MANY AND VALUABLE SERVICES it is my will and desire that he shall have good and kind treatment shown him - and should ALSE have any more children, they shall be subject to the same division among my heirs as the others, BUT THAT NONE OF THEM SHALL BE SOLD OUT OF THE FAMILY UNLESS FOR SOME CRIMINAL OFFENSE. It is my will and desire also that all the balance of my estate of any kind consisting of stock and farming utensils, etc shall at my decease belong to my SON BENJAMIN, except for my little shotgun, which I give to MY LITTLE GRANDSON, MIRANDA C. RILEY. It is my will and desire, also that my silver tablespoons shall be divided between my three daughters, which bear the initials of mine and their mother's names. In witness whereof, I have set my hand and seal (with a sound and disposing mind) this 24th day of AUGUST 1828. NINIAN RILEY (Seal) Witnesses: JOEL ESTES, EDW CLARK P.S. In addition to the arrangements which I have already made, it is my will that whenever BENJAMIN'S SON and BLACK BOY are of an age sufficient to do labor on the farm that BOTH JOE AND HIS WIFE SHALL HAVE LIBERTY TO ACT FOR THEMSELVES, but in the case of old age and decrepity my SON BENJAMIN shall be bound to take care of the comfortably, provided they shall continue to live on his premises. And, lastly, I appoint my SON BENJAMIN WRIGHT RILEY to execute this my last will and testament. X His Mark - NINIAN RILEY, SEAL Test - JOEL ESTES, EDW CLARKE. State of Missouri, County of Clay - Be it remembered that on the 23 day of March 1829, Joel Estes and Edward Clarke both personally known to me appeared before me, the Clerk of the County Circuit Court within and for the said County, and severally made oath that they heard NINIAN RILEY acknowledge, publish and declare the foregoing to be his last will and testament, that he was of sound and declare the foregoing to be his last will and testament, that he was of sound and disposing mind at the time of so doing, that they subscribed their names thereto as witnesses at the request of NINIAN RILEY and in his presence. Given under my hand and seal of said Court at office on the 23rd day of March 1829. signed: William L. Smith , Clerk State of Missouri, County of Clay - I William L Smith, Clerk of Clay Circuit Court and Ex Officio Recorder of said County do certify that the above instrument of writing is duly recorded in my office in Book B page 267 and following. Given under my hand and seal on the 23rd day of March A.D. 1829 William L. Smith, Clerk and Ex Officio Recorder, (Seal) - - - - - - - - - - - - - - - - - - - - - - - This will is from a type written copy of the will in the deed book, located in Liberty MO....Clay Co. Anne R. RITCHIE wrote three booklets in which the RILEY family was included along with other lines she was working on. I have seen a photo copy of the original. After Anne death her daughter gave permission to the Family History Library to copy her books. They are on microfilm and can be ordered from Salt Lake through a local branch of the Family History Center. She did not find my particular RILEY grandmother MARY ANN RILEY SMITH wife of WILLIAM W. SMITH and she was not in her books. Notes: NINION RILEY jr may be the brother of my Grandfather JAMES TAYLOR RILEY who died in Clay Co, MO in 1838. The RILEYs and other families came out of Fayette and Bourbon Co, areas of KY around 1826. Before that they were in the SURRY CO, NC area....and before MD. BENJAMIN W. RILEY (son of NINION JR) md Emma COTTON in Fayette Co, KY....Benj was a Baptist preacher. He donated the land were the Mt. Gilead Church, school and cemetery is located. Many SMITH, RILEY and other related family members are buried in that Cemetery. Unlike the RILEY family the SMITH came out of Caswell Co, NC. They had several marriages in the family with the RILEY. Notes on Slaves: Perhaps ALSE is the mother of LUCINDA, AMANDA and LEVY. She may be the wife of JOE. From the way the will is written, I would guess that they to came out of Fayette Co, KY area In that NINION said the JOE and his WIFE shall HAVE LIBERTY TO ACT FOR THEMSELVES, and if they still lived in the area and needed care , that his son was to care for them. I have seen two slaves release in the county commissioner books in the Clay Co Archives and Historical Society in Liberty, MO. I read some microfilm of the circuit courts and a woman was in court because she allowed her slaves too much freedom....so I would think NINION is directing this to be done in a legal way, when he remarks "provided they live on the premises"...showing that they would have the choice. Just some thoughts....don't have enough information to reach a good conclusion. Diane Contributed by: dysmithroyer@dtgnet.com | |
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