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Spicer, Adm'r of Stone v. Pope et al.
Va.Gen. 1736.
John Stone, by his will, April 27, 1695, ‘devised his plantation and the profits of his slaves and personal estate, to his wife during life, and declares his will to be, that his son Richard Metualf and Ann his wife live upon the said plantation after her death, during their lives, and also keep and employ the negroes upon the said plantation, making use, as they shall see cause, of all the profits of the said lands, and clear produce of his said negroes, stock and plantation, except the increase of the said negroes, hereafter given away.’Then he ‘devises to Mary and Elizabeth, two daughters of Richard and Ann Metualf, a negro a piece, by name, and to John, their son, a negro child, the next that should be born.’Then follows this clause: ‘I give unto my daughter Ann's children, that she shall bear hereafter, a negro child a piece, as it shall please God the negro women shall bear them. Further, it is my will that if any of the said children prove disobedient to them, that the said Richard Metualf and Ann his wife, do keep them until they shall submit themselves unto their parents.’Then he ‘gives all his personal estate, to be divided among Richard and Ann Metualf's children, after their deaths, and makes Richard Metualf, Henry Fleet, and Edwin Conway, executors.
’The testator's wife died before him, and Metualf, upon his death, got all the slaves and personal estate into his possession, without proving the will, which was not produced till after his death, in 1699, and was then proved in Richmond Court by the witnesses only. Ann Metualf, after her husband's death, got possession, and marrying one Barrow, he was thereby in possession. Ann survived Barrow, and died 1728. She had four children by Metualf, Mary, Elizabeth, John, aforesaid, and Sarah, born after the will was made, to whom, after their mother's death, Stone's estate belonged by the will.
Information from "Historical Atlas of Westmoreland County, Virginia" by David Eaton, 1942:
"Colonel John Stone, of near Leedstown, married Mrs. Sarah Walker, widow of Colonel John Walker, prior to 1672. Sarah married first, Colonel Henry Fleet. Colonel John Stone was High Sheriff and a Justice of Richmond County before 1694. He was born about 1630 and settled near Leedstown, now in Westmoreland County, and had a son, Francis, who married Mrs. Mary Kay, widow of James Kay, of Richmond County, and daughter of Thomas Pannell, ancestor of General J.E.B. Stuart. Two sons, Francis and William Stone, married sisters. Francis Stone married Sarah Monroe and William Stone married Mary Monroe, daughters of William Monroe, who owned a mill on what is now called Troy Creek. One of Sarah and Mary Monroe's sisters married John Payne. One of William Stone's granddaughters, Mildred Richard Stone, married Thomas Wroe Weedon, nephew of General George Weedon, of the Revolution."
"The Pannells and Stones owned land on Troy Creek, just below the William Monroe Mill. Payne lived at Cedar Hill."
From Wills of Rappahannock County, Virginia, 1656-1692, by Willilam Montgomery Sweeny, 1947 reprinted by Southern Historical Press.
p. 76 - Affidavit of John Stone proving will of Ananias Bucksome
[Text of will of Ananias Bucksome to which John Stone is a witness]
Coll John Stone aged 48 years or thereabouts being Sworn Saith tat he didd see the above Named Ananias Bucksome Signe & Seale and Publish the above mentioned to be his last Will and Testamt & that he was in perfect sence and memory at the Signing Selaing & publishing thereof, to the best of his Judgm’t.
Signed: John Stone
Jauratus Est Sone in cur Com
Rappac: 30 Die April 1679
Et Probatr: P. Sacrament prd Stone
Et Recordatr: Xo. die Ejusd menss. Ano. Suprd
Test
Edmo: Crask Cl. Cur
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Abt 1631 - Bef 1699 (~ 68 years)