Notes |
- Death: 1819
Benajah Rice's Will posted by Sean Drury at on 15 October 2000
From Boone County, Kentucky Will Books:
In the name of God amen I Benajah Rice of Boone County and State of Kentucky
being of sound mind and disposing memory but knowing the uncertainty of life desire
too dispose of such estate with which it has been. Please God to help me do make
constitute and ordain this my last will and testament in manner of allowing (viz.)
First my will is that all my just debts and funeral expenses be paid.
Secondly I lend my wife Hannah Rice during her natural life one negro man named Po;
and one negro woman named Dee. Also one gray horse one feather bed and furniture
and forty pounds cash.
Thirdly whereas I have already given to my daughter Salley Sims one hundred and
ninety six pounds three shillings and four pence which sum I give to her and her heirs
forever which sum is to be her whole and entire portion of my estate and the aforesaid
Salley Sims nor her heirs is to have nor more of my estate whatsoever.
To Benjamin Rice two hundred and forty eight pounds one shilling and eight pence.
To John Rice Four hundred and eight pounds nineteen shillings and six pence.
To Betsey Glore two hundred and three pounds sixteen shillings and seven pence.
To Lewis Rice two hundred pounds.
To Polley Wright one hundred and sixty one pounds.
To Frances Cole one hundred and fifty punds.
To Nancy Hunton two hundred and forety eight pounds Three shillings and three
pence.
To William Rice two hundred pounds.
To Elijah Rice Three hundred and sixty eight pounds nine shillings and ten pence.
To Edward Rice Three hundred and fifty eight pounds Eighteen shillings.
To Joana Sanders One hundred and sixty pounds.
To Ezekiel Rice Three hundred and thirty three pounds eight shillings.
And as some of my children aforementioned have received considerably more of my
Estate than others as will appear from the foregoing items it is my will and desire that
John Rice Elijah Rice Edward Rice Ezekiel Rice and Salley Sims before named shall
keep the whole of the sums annexed to their names in the foregoing items and that the
said Estate of money annexed to their names aforesaid shall be considered their whole
and entire portion of my Estate and that the aforesaid John Rice Elijah Rice Edward
Rice Ezekiel Rice and Salley Sims nor their heirs shall any or either of them hereafter
receive any part or portion of my Estate real or personal whether in my possession at
my decease or to be recovered thereafter. And whereas I gave to my son Edward Rice
in the year one thousand eight hundred and eleven a power of attorney empowering
him to sell and convey certain tracts of land in the state of Virginia for the proceeds of
which sales is not to be considered any part of the portion or item which I have given
him as mentioned in the item above but that the said Edward Rice shall account to me
or to my heirs for the whole amount of the proceeds of such sales to be disposed of in
such manner and form as I shall hereinafter direct.
Fifthly It is my will and desire that after my decease my executors shall sell every article
of my Estate whether real or personal with all my lands in the state of Virginia
Kentucky or else where on a credit of Twelve months taking bond with approved
security and the money arising therefrom together with any money that I may have in
my possession at the time of my death or any that may be collected on debts due to me
after paying my Just debts as mentioned before shall be equally divided between those
of my children hereafter named but in the following order. First those who have
received least in advance agreeable to the foregoing item shall receive in all their parts
respectively be made equal to those which may have received most but it is to be
understood that this clause does not extend to the amount of their portions which will
be left out in the division of my Estate agreeable to this will but only to the amount of
the highest portion amongst those which shall be left as devices in this will that is to say
between Benjamin Rice Elizabeth Glore The Heirs of Lewis Rice Polley Wright
Frances Cole Nancy Hunton William Rice and Joana Sanders or their Heirs.
Sixth My will is that after the death of my wife Hannah Rice all the property that I have
left her for and during her life shall be sold by my executors on the same terms and
conditions that I have directed the act of my Estate to be sold on and divided between
those of my children which I have directed all the other part or parts of my Estate to be
divided amongst to wit to be equally divided between Benjamin Rice Elizabeth Glore
the Heirs of Lewis Rice Polley Wright Frances Cole Nancy Hunton William Rice and
Joana Sanders or their Heirs.
Lastly I do hereby ordain and appoint my son in law Thomas Wright also my son in law
Michael Glore and my Grandson William Rice executors of this my last will and
testament hereby revoking all other wills by me made and declaring this to be my only
last will and testament.
In Testimony whereof I have hereunto set my hand and affixed my seal this thirty first
day of December one thousand eight hundred & eighteen.
/s/ Benajah Rice (seal)
Signed Sealed & acknowledged
In presence of
Benjamin Stephens, Sen.
John Stephens
Leonard Stephens
Boone County Court Decr. Term 1819
This last will and testament of Benajah Rice deceased was proanced in Court and
proven by the oaths of Benjamin Stephens Senr. & Leonard Stephens two subscribing
witnesses and Ordered to be Recorded.
And an Motion of Michael Glore one of the Executors therein named Certificate is
granted him for obtaining a probate therof in due form whereupon he took the oath and
entered into bond with Benjamin Rice and Wendell Love his securities in the sum of
Four thousand Dollars pursuant to law. Liberty being reserved for the other Executors
to Join in the probate when they may thus see fit.
Teste Willis Graves Clk. (seal)
*** this is the same person ***
ID: I0493
Name: Benajah RICE 1 2 3 4 5
Sex: M Birth: 1740 in , , Virginia
Death: 1818 in , Boone, Kentucky Note:
Some researchers have attached this Benajah and Hannah Rossel / Russell as a descendant to Thomas and Marcy Rice. After researching the 1790-1820 records of Virginia and Kentucky I fee l differently. Benajah of Bedford, Virginia tax list 1779 appears the more likly choice. In 1777 Benajah and Hannah had a child Franke baptised at the German Church. In Benajah's will Franke was listed as Frances Cole. Witnesses at the baptism were Michael Schneider and wife Mary Delph (both of German descent). Hannah's father, Michael Rossel / Russell, will was witnessed by Hume (husband of Crigler), Delph, and Resor. More names with German connections. Hannah and Benajah's daughter married Michael Clore a descendant of Michael Clore of the 1717 Germanna Colony in Culper, Virginia. Some residents of the Germanna Colonies migrated first to Madison County, Virginia and later on to Boone County, Kentucky, as did Benajah and Hannah Rice. John Rouse was also an early immigrant to the Germanna Colonies. Descendants of John Rouse have been found later using the spelling Rice. Many Rice descendants have traced their origines back to German immigrants. This places some thought at least in my mind that Hannah and possibly Benajah were of German descent.
Marriage 1 Hannah "Rossel" RUSSELL
Married: BEF 1759
Children
1. Nancy RICE
2. Polley RICE
3. Joanna RICE
4. William RICE b: 1760 in , , Virginia
5. Elijah RICE b: 1766 in , , Virginia
6. Benjamin RICE b: 4 DEC 1768 in , Culpeper, Virginia
7. John RICE b: 1770 in , , Virginia
8. Elizabeth RICE b: 20 FEB 1772 in , Madison, Virginia
9. Frances "Franke" RICE b: 1777 in , Culpeper, Virginia
10. Lewis RICE b: 1778 in , , Virginia
11. Ezekiel RICE b: 16 NOV 1790 in , , Kentucky
12. Salley RICE b: 1792 in , , Kentucky
13. Edward RICE b: 15 JUN 1795 in , Woodford, Kentucky
===
1770-1783 Culpeper County, Virginia Will Book B; [Dorothy Ford Wulfeck];
Will of Michel Russell of Culpeper Co.
Dated (none), Proven 16 June, 1777
Legatees: Wife Mary Russell.
Sons: Elijah Russell, John Russell, William Russell.
Daus.: Hannah Rice, Elisabeth Russell, Frances Lakey, Milly Russell (the youngest).
Grandson: Benjamin Rice, son to Benajer Rice and Hannah, his wife.
Administrator appointed was George Passons.
Wit.: George Hume, Michael Delp, George (X) Reason.
===
1770-1783 Culpeper County, Virginia Will Book B; [Dorothy Ford Wulfeck];
Will of William Rice of Culpeper Co.
Dated 9 Feb., 1780. Proven 17 April, 1780.
Legatees: Wife Sarah Rice,
Sons: Richard Rice, Benajah Rice, John Rice and Richard Rice.
Daus.: Hannah Rice, Ann Graves, Sarah Graves wife of Edward Graves.
Executors: Sons Benajah Rice, John Rice, Richard Rice, son-in-law John Graves.
Wit.: John Gibbs, Richard Seebree, William Zackary, John Lindslay, Samuel Delp.
===
1783-1785 Culpeper County, Virginia Deed Book M; [Antient Press]; Page 13-14
THIS INDENTURE made this Twenty ninth day of August One thousand seven hundred and Eighty three Between WILLIAM ROGERS, Brother and Heir of BARNETT ROGERS deced, and ANN his Wife of the Parish of Bromfield and County of Culpeper of one part and BENAJAH RICE of the Parish and County aforesaid of other part Witnesseth that for sum of Twelve hundred pounds in hand paid hath released and confirmed to BENAJAH RICE his heirs and assigns for ever one certain tract of land in Culpeper County being a Tract of land that said RICE purchased of BARNARD ROGERS in his life time and containing by estimation Three hundred acres more or less and bounded begining at three red Oaks and a white Oak, Corner to FRANCIS BLUNT, thence South fourteen degrees East three hundred & sixteen poles to two Pines a new Corner made between JOHN ROGERS and BARNARD ROGERS, thence East one hundred and eighty pole to two Pines on a hill, thence North thirty degrees East one hundred and forty six pole to two red Oaks and a white Oak in THOMAS WAITS line on a hill side, a new Corner made between BARNARD ROGERS and JOSEPH ROGERS, thence North fifty six degrees West three hundred and sixty eight pole to the Begining with all appurtenances thereunto belonging To have and to hold the premises aforesaid with the appurtenances to BENAJAH RICE his heirs and assigns forever In Witness whereof we have set our hands & Seals the day and year first above written
in presence of WILLIAM WALKER, WM. ROGERS
JOHN GRAVES, WILLIAM ZACHARY,
SAMUEL DELPH, RICHD. RICE
At a Court held for Culpeper County the 15th day of September 1783
This Indenture was proved by the Oaths of JOHN GRAVES, WILLIAM ZACHARY & SAMUEL DELPH, Witnesses thereto, and ordered to be recorded
===
1791-1792 Culpeper County, Virginia Deed Book Q (Part 2); [Antient Press]; Page 401-402
THIS INDENTURE made this 17th day of October in the year of our Lord Christ one thousand seven hundred & ninety one Between BENAJAH RICE, JOHN RICE, RICHARD RICE and JOHN GRAVES, Executors of WILLIAM RICE deceased, as appointed by Will bearing date the 9th day of February one thousand seven hundred & Eighty did amongst other things direct the sale of certain lands that he purchased of ADAM BROYLE whereof CORNELIUS CARPENTER being the purchasers of the said land; NOW KNOW ye that this Indenture Witnesseth that BENAJAH RICE, JOHN RICE, RICHARD RICE and JOHN GRAVES, Executors of said WILLIAM RICE deceased, in consideration of the sum of Two hundred pounds to them in hand paid by said CARPENTER by these presents doth bargain & sell unto CORNELIUS CARPENTER his heirs all that tract of land containing Two hundred & two acres be the same more or less lying in County of Culpeper and in the ROBINSON FORK; Begining at one Pine near the Road leading from the DUTCH CHURCH to ORANGE COURTHOUSE, thence South 86 degrees West 338 poles to three Pines, thence South 10 degrees East 74 pole to two black Oaks & one white Oak, thence South 72 degrees East 208 poles to one Pine & one box Oak, thence North 38 degrees East 200 poles to the begining; together with all houses fences and all the premises with the appurtenances to CORNELIUS CARPENTER his heirs; (and the Executors of WILLIAM RICE deceased) will warrant and forever defend the Two hundred acres of land & premises with its appurtenances unto CORNELIUS CARPENTER his heirs from the claim of themselves or their heirs &c. In Witness whereof we BENAJAH RICE, JOHN RICE, RICHARD RICE & JOHN GRAVES, Executors of WILLIAM RICE deceased, have hereunto set our hands and seals the day and year above written
Seald & Delivered in presence of
JOHN SMITH, BENAJAH RICE
ADAM. DELPH, JOHN RICE
GODFREY YEAGER RICHARD RICE
JOHN GRAVES
At a Court held for Culpeper County the 17th day of October 1791
This Indenture of Bargain & Sale from BENAJAH RICE, JOHN RICE, RICHARD RICE & JOHN GRAVES, Executors of WILLIAM RICE deceased, to CORNELIUS CARPENTER was proved by the oaths of the witnesses thereto & ordered to be recorded
Teste JOHN JAMESON, Cl Cur
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