Notes for Clementina Stillwell

Family Group Sheet

Notes for Clementina Stillwell

!Notes:
Married Richmond Peeler. He was a property owner at Arkansas
Post and was in the legal profession. Part of the time he traveled
around the district and held court to settle claims. Besides owing a
dwelling house he also owned the building in which The Arkansas Gazette
was first published at Arkansas Post. He ran for public office in the
Territorial Legislature in the early 1820's. In both elections for
Representative and Senator he lost. He and Clementina were parents of 2
sons. Before 1820 they were divorced because of her involvement with
William Russell, a land speculator in this state. Russell had been
closely associated with Joseph Stillwell II, father of Clementina, and
both had been included in the Spanish Land Grant No. 2399 with eight
other men. As stated in the will of Clemetina Stillwell, which will
follow, Russell was the father of her daughter Ann Clemetina Russell.
See numbers 25 thru 27. He provided for his daughter's education and
deeded her a large tract of land and a slave. clementina was later
married to Benjamin Haines September 8, 1839. She died on March 31,
1848. Her will which follows was drawn up and signed on october 26, 1825
and filed in Court on October 28, 1848.

Last Will And Testament Of Clemetina Stillwell

Filed 28th day of October A. D. 1848 - G. W. S. Crop, N.P.

In The Name Of God Amen

I, Clemetina Stillwell of Arkansas County in the Territory of
Arkansas, being of perfect health of body, and of sound and disposing
mind, memory and understanding, considering the certainly of death, and
the uncertainty of the time thereof., and being desirous to settle my
worldly affairs, and thereby be the better prepared to leave this world
when it shall please God to call manner and form following, this is to
say,

First and principally, I commit my soul into the hands of
Almighty God and my body to the earth to be decently buried at the
iscreation of my executors herein after named. And after my just debts
and furneral charges are paid, I devise, and bequeath as follows:

I give and devise unto my two sons, namely, Joseph Stillwell
Peeler, and Richmond Peeler, twelve hundred and eighty acres of land,
more or less, upon which I now reside and dwell; the same having been
originally, two seprated and adjoining tracts of land, situated in the
aforesaid county Arkansas, one containing six hundred and forty acres,
originally owned by Joseh Mason, as the same is bounded by survey
thereof, and patent certificate thereof the Recorder of land, Titles and
numbered 874. The other tract also containing six hundered and forty
acres of land, originally owned by Pedro Pertuis, as the same is
described and bounded by Patent granated to William Russell, assignee of
said Pertuis, by the President of the United States; which patent is
founded upon the patent certificate of the aforesaid recorder of land
Titles, numbered 913; the said patent being regularly recorede in the
general land office of the United States, which said two tracts of lands
with their appurtenances, and containing together twelve hundred and
eighty acres, more or less, I give and devise to my aforesaid two sons,
and to their heirs or assigns forever, with all the appurtenances
thereunto belonging. In equal undivided shares, share and share alike as
tenants in common, which said lands may be devided by and between my said
tow sons by partition thereof as they may think fit, at any time after my
said son Richmond arrives at twenty-one years of age; until which time
the said lands shall be rented by my executor or executors herein after
named, at his or their discretion, for the best retns that can be had and
secured, having regaard to keeping the improvements in repair; one equal
half of the moneys obtained by said rents, to be paid over by my said
executor or executors to each of my said two sons, when the youngest of
them arrives at twenty- one years of age.

I give and bequeath to my aforesaid two sons equally devided by
and between them, when my said son Richmonds arrived at twenty one years
of age. My negro man by name called Simon, my negro woman by name called
Dorcus (wife of said Simon) and my negro man by name called John, all
slaves for life, the said negro John, now about eighteen or nineteen
years of age, and alson, any other negro slave or slaves that I may
hereafter purvhase or acquire, all of which negro slaves that I now own,
or may own at the time of my death, I give and beqeath equally as
aforesaid, to my said two sons, their heirs or assigns, to be delivered
to them by my executor or executors herein after named, when my said son
Richmond arrives at twenty one years of age, and not until then, until
which time the said negroes shall be hired out, at the discretion of my
said executor or executors, for the best wages that can be had; having
regard to the comforts of said negroes, and that said Simon and Dorcus
shall not be separated, and moneys obtained by the hire of said negroes,
I give and bequeath to my said two sons, to each an equal half part
thereof - to be paid to them by my executor aor executors herein after
named, when my said son Richmond arrives at twenty one years.

I give and bequeath to my aforesaid two sons in equal shares, all my
bedding and ved fruniture, and all my silver spoons or silver plate. The
same to be divided into two equal shares as nearly as practicable by my
executors herein after named, and one half part thereof delivered by him
or them to my said son Joseph Stillwell Peller when he arrives at twenty
- one years of age; and the other half part thereof delivered in like
manner to my said son Richmond Peeler when he arrives at twenty one years.

And whereas my father Joseph STillwell, deceased, died interstate,
without having make any written will or testament, each of his childern
having lawful right to equal shares in the real and personal estate of my
said deceased father, I hereby give, devise, and bequeath all my lawful
share and interest of, in , or to the estate of Joseph Stillwell, my
deceased father aforesaid, real, personal or mixed; lands, goods,
chattles, credits, money or in whosoevers hand or possession the same may
be - To my brother Asher Cook Stillwell, and to his heirs or assings
forever.

I hereby will and direct, that all my stock of horses, sheep, cattle,
hogs, etc. And all my farming tools and utensils and all my household
and kitchen furniture and all my real or persnal estate and property, of
every sort and description whatsoever, that is not herein before disposed
of, be sold by my executor or executors herein after named for as much as
the same will bring, and upon such credit as he or they may think fit to
give, having the payments well secured, and out of the money obtained to
pay all my just debts and funeral expenses aforesaid - and futher will
and direct that my said executors collect all debts that are or may be
justly due to me, and after my debts and funeal expense are paid as
above; That my said executor or executors divide into two equal shares,
all the moneys obtained by the above directed sales of my property, and
collection of debts sue me, (not necessary to the payment of my own debts
and funeral expenses) and that my said executor or executors put both of
said two equal shares of the moneys so collected, or to be collected; to
the best interest that can be lawfully had, with the payment well
secured, one equal share and half part thereof until the time that my
said son Joseph Stillwell Peeler arives at twenty - one years of age. The
other half part of said sums of money to be put to interest until my said
son Richmond Peeler arrives at twenty one years, which last mentioned
half part of said sums of money, with the interest thereon, I give and
bequeath to my said son Richmond Peeler, to be paid to him by my said
executor or executors, when he arrives at twenty one years - Provided,
never the less, That my said executor or executors may at his or their
discretion, expend any part of the shares of either of my said sons to
the moneys btained by sales of my property, and collection of my debts
hereby directed, in the education on my said sons, or of either of them,
at any time before they severally arrive at twenty - one years of age
deducting the amount expended in the education of either of them from the
half part, or share of the same one for whos education the same was
expended.

And in case that either of my aforesaid two sons shall die before he
arrives at the age of twenty - one years, then give, divise and bequeath
all of the aforesaid shares, portions and dividends of my estate both
real and personal, herein before given, devised or bequeathed to the one
so dying, to the survivor of them, and to his heirs or assigns forever.
And if both of my daid sons shall happen to die, before they attain the
age of twenty one years severally; Then I give and bequeath all my
aforesaid personal property, and give and devise all my aforesaid lands,
herein before given, devised and bequeathed to my said two sons, to my
daughter Clementina Russell and to her heirs or assigns forever.

And I hereby will and direct, that no part of my estate, real or
personal, herein before given devised or bequeathed to my said two sons,
be permitted to go into the hands or possession of any guardian of either
of my said sons, other than my executor or executors herein after named,
and that all my estate herin before given, devised or bequeathed to my
said two sons, shall be and remain under the absolute control of my said
executor or executors herein after named, and of no other guardian,
person or persons whatsoever, until my said estate becomes deliverable
and payable as aforesaid to my said sons, when they severally arrive at
the age of twenty one years as aforesaid, or die under that age.

My only daughter Clemetina Russell, being by agreement to be educated
and provided for by William Russell, her father, is the reason she is not
futher provided for by this my last will and Testament; and not from any
want of affection and regard for her; One curtain, or high post bedstead,
one feather bed, two pillows, etc, given to my said daughter by her said
father, and now in my possession, my said executor or executors will at
my decease diliver to her, or to her father for her - And I further will
and direct, that the said William Russell be advised of my death by my
said executor or executors as soon as possible thereafter, and that upon
his apllication my said daughter be surrendered to him, and to his
exclusive care, protection and guardianship.

And lastly, I do hereby constitute and appoint my Trusty Brothers,
John Stillwell, Willaim Stillerll and Asher Cook Stillwell, or any one or
more of them, that may consent or agree to act as such; To be my sole
executor or executors of this my last will and testament revoking and
annuling all former wills by me heretofore made, ratifing and confirming
this and none other to be my last will and Testament.

In Testamony whereof, I have hereunto set my hand and affixed my seal
in the aforesaid county of Arkansas, the twenty-sixth day of November, in
the year of our Lord, one thousand eight hundred and Twenty five.

Signed, sealed, published and (S)
Clemetina Stillwell (Seal)
declared by Clemetina Stillwell,
and above named testatrix, as and
fore her last will and testament,
(Note- She died 31 March 1848.
in the presence of us who at her
William died 21 July 1828
request, in her presence, and in
John died 29 Dec. 1831
the presence of each other, have
Asher C. died 19 Mar. 1847)
subscribed our names as witnesses,
O. J. Seury, Sam Lemon, A. B. K. Thetford