Will of John Stoney of Charleston, 28 July 1838 — naming wife Elizabeth and sons Peter Gaillard and Christopher F. Stoney executors
Book 4, Page 8 ·1838–1840
Transcription
The typewritten transcript is paginated as p. 834 of the source volume. The page bears the header WILL OF JOHN STONEY at top center.
19 Js } No. 4 } THE STATE OF SOUTH CAROLINA.
In the Name of God Amen! I John Stoney of the City of Charleston and State aforesaid, being of Sound Mind and body but — Knowing the ensecurity of life, do hereby make ordain and establish this my last Will and Testament revoking all others of what Kind or Nature whatever, for the purpose of Settling all Worldly affairs, I do hereby nominate and appoint my beloved Wife Elizabeth Stoney my Executrix and my Sons P. G. & C. F. Stoney, Executors giving unto them full power to divide Sell or make any other distribution of my Estate both real & personal amongst my Heirs not yet provided for as may Seem most advantageous, and to have Such other proceedings as the Law directs —— Witnefs my Hand and Seal this Twenty Eighth day of July in the Year of Our Lord Eighteen hundred and Thirty Eight ——
JOHN STONEY (L.S.)
Signed, Sealed and declared by the testator to be his last Will and Testament and at his request in the presence of each other have hereunto Subscribed our names as Witnefses thereto ——
H. C. Wood S. R. Risher P. Serjeant
Proved before Thomas Lehre O. C. T. D. on the Sixteenth day of November 1838 at the Same time qualified Mrs. Elizabeth Stoney, Executrix and Peter G. Stoney Executor. Feby. 8th 1840 qualified Christopher F. Stoney Exor.
Exd. by T. L.
RECORDED IN WILL BOOK H–1834–1839 PAGE 595
Source: Charleston, South Carolina probate Will Book H, 1834-1839, page 595. Typewritten transcription reproduced from FamilySearch image 939L-JXSZ-WY, in the public domain.
AI Notes
The July 28, 1838 will of John Stoney of Charleston — the Stoney merchant who married Elizabeth Gaillard in December 1805 and whose daughter Elizabeth Porcher Stoney married Christopher Fitzsimons (2nd) in January 1824 (see album page 026 and book-004/007). Like Christopher 2nd’s 1831 will, John’s is a short discretionary instrument: he names his wife Elizabeth executrix and his sons P. G. (Peter Gaillard) and C. F. (Christopher F.) Stoney executors, vests them with full power to distribute his estate, and leaves no itemised bequests. The will opens with the same religious formula Christopher 2nd had used seven years earlier — ‘Knowing the ensecurity of life’ — though John’s transcription preserves the older ‘ensecurity’ spelling. Witnesses: H. C. Wood, S. R. Risher, P. Serjeant. Proved before Thomas Lehre O.C.T.D. on November 16, 1838 (ten days after John’s death on November 6); Elizabeth Stoney and Peter G. Stoney qualified the same day; Christopher F. Stoney qualified later, on February 8, 1840. Recorded in Will Book H, 1834-1839, page 595.
John Stoney is the Charleston merchant who married Elizabeth Gaillard at her parents’ “Rocks” plantation in December 1805 (per page 026) and whose daughter Elizabeth Porcher Stoney married Christopher FitzSimons (2nd) in January 1824 — see document 7, which is Christopher 2nd’s own 1831 will recommending Elizabeth consult her “respected Mother and Father” (John Stoney and Elizabeth Gaillard Stoney) on estate matters. John was 59 years old when he made this will; he died about 100 days later, on 6 November 1838. The named son P. G. Stoney is Peter Gaillard Stoney (b. 1809, the eldest son per the album’s family record on page 026). C. F. Stoney — named in the body and identified in the probate addendum as “Christopher F. Stoney” — is a Stoney son the bound albums do not list; page 026’s six-child summary (Elizabeth Porcher, Peter Gaillard, Samuel Gaillard, Edgar George, Theodore, Eugenia) is therefore incomplete by at least one son. The “F.” middle initial is not resolved by any source in the archive. The opening formula “Knowing the ensecurity of life” echoes verbatim the phrase Christopher 2nd had used in his own 1831 will (with the older “en-” spelling preserved). The probate officer Thomas Lehre is a third Charleston O.C.T.D. after Charles Lining (1782, 1791 wills, documents 2 and 6) and James D. Mitchell (1833, document 7).