1. Benjamin Lee was born 1774 in North Carolina, and died 27 December 1828 in Marion County/Mississippi.
He married (1) Charity Pope Abt. 1790, daughter of Henry Pope and Delilah Williams.
begin page 130-end 132 Marion County, Mississippi
In the name of God Amen.
I Benjamin Lee of the County of Marion in the State of Mississippi, being of sound and disposing mind and memory, do make this my last will and Testament, thereby revoking and cancelling all others by me at any time made.
ITEM I will and direct that my Executors herein after named, shall inter my Mortal remains in a decent and unostentatious mannor and my soul I recommend to the Deity who gave it.
ITEM I will and direct that my Executors shall pay and discharge all my just debts, the expenses of my interment, and the disposition of my Estate in conformity with this my last will.
ITEM I give and bequeath to my dear Wife Charity, in absolute right forever in lieu and in bar of her dower in my Estate the following Slaves, That is to say, John Demse, Spencer, Minerva, big David Lewis, Hannah, Betty and her Son Merril, Frank and Judy and their six children. I do further give and bequeath to my said Wife during her natural life in bar as aforesaid, the use and ocupation of my Plantation on the West side of Pearl River in the County and State aforesaid, consisting of the fractional section thirty-one in Township three of range fourteen east of the basis Meridian containing Three hundred and Fifty acres, ^four hund Seventy nine....^ Also the Fourth half of section thirty six in Township three of Range thirteen
east of the basis meridian containing three hundred and Twenty Acres. Also the half quarter section that I purchased of James Perkins. I do further give and bequeath to my said wife in bar and aforesaid, in absolute right forever, all my Cattles, Hogs, Farming Utensils and Furniture of what nature or kind so ever the same may be that is at my home Plantation. Also three head of Horses, together with the sum of Five Hundred Dollars in Cash to be paid by my Executors out of monies belonging to my Estate.
ITEM I give and bequeath to Allen Barnes, Henry Barnes, Josiah Barnes, Harris Barnes, Lewis Barnes, Abraham Barnes and Ester Pope the wife of Sampson Pope, The sum of Two Hundred Dollars in Cash to each, to be paid by my Executors out of the monies belonging to my Estate.
ITEM I give and bequeath to Everette Lee the sum of Seven Hundred and Fifty Dollars in Cash to be paid by my Executors out of the monies belonging to my Estate.
ITEM I will and bequeath to James Atkinson and Allen Barnes one equal and ^divided^ half part of all my Lands in and about the Town of Columbia in the County and State aforesaid consisting of Town Lots and Six Hundred Acres of lands or thereabouts of the East fractional Township three of Range eighteen West, and their Heirs in equal proportions forever.
ITEM I give and bequeath to the Bodily Heirs Pattsey Brown the wife of William Brown and their heirs in full and absolute right forever, my slave Lucy.
ITEM I give and bequeath to my Dear Son and Heir Edward Lee, alias Edward Barnes, son of Mary Barnes of the County of Marion and the State of Mississippi, and his heirs in full forever on condition that the said Edward lives to the age of Twenty one years, all the rest and residue of my Estate both real and personal, of what nature and kind so ever that may be. But if the said Edward shall die before he shall have arrived to the age of Twenty one years without issue lawfully begotten by him [for it is expressly my will that if the said Edward marry before the age of Twenty one years and have issue, that in such event the legacy and bequest above shall immediately rest]. Then in that case I give and bequeath the property specified in this item To Allen Barnes, Henry Barnes, Josiah Barnes, Harris Barnes, Lewis Barnes, Abraham Barnes, Willis Barnes and Ester Pope wife of Sampson Pope, the half brothers and sister of the said Edward and Sons and Daughter of the said Mary Barnes.- And their heirs in absolute right forever, and in equal proportions.
ITEM I will and direct that the maintenance and Education of the said Edward Lee be paid by my Executors out of my Estate.
ITEM I hereby nominate and appoint my friends James Atkinson and Allen Barnes Guardians of the property in this will devised to Edward Lee during the minority of the said Edward
and request that they will accept the charge.
In order that this my will may be carried into full and faithful execution, I hereby nominate, constitute and appoint my trusty and much esteemed friends James Atkinson, Dougal McLaughlin, Allen Barnes and Benjamin B. Barnes my Executors, with all powers necessary for the administration of my Estate in conformity with this my last will and Testament.
Testimony whereof I the said Benjamin Lee have hereunto set my hand and Seal this nineteenth day of June in the year Eighteen Hundred and Twenty Eight.
Benjamin Lee (SEAL)
We whose names are hereunto subscribed saw Benjamin Lee sign, seal and acknowledge the foregoing instrument consisting of three pages as his last Will and Testament in our presence, and in the presence of each other as Witnesses.
Albert Stovall - George W. Baylor - Pat. W. Pittman - Charles D. Learned
Duly Recorded this 17th Day of January 1829.
More About Benjamin Lee:
Fact 1: buried Columbia Cemetery
Fact 3: 1810-1812, Came to Mississippi
Child of Benjamin Lee and Charity Pope is:
2 i. Pattsy Lee, died Bef. 1828. She married William Brown.
Child of Benjamin Lee and Mary Willis is:
3 i. Edward Lee, born 22 September 1826 in Marion County/Mississippi; died 04 September 1833 in Marion County/Mississippi.
More About Edward Lee:
Fact 1: Columbia Cemetery, beside Benjamin Lee
More about Mary Willis Barnes:
page 103-Marion County Mississippi: Bond: Mary Barnes, Benjamin Lee & John Regan are bound to Isaac brakefield, acting Judge of the Orphan Court, for $10,000. Dated Sept. 25, 1820. Mary Barnes is to administer the estate of William Barnes, Recd. Sept 8, 1920.