The will of Benjamin Stokes was dated 24 April 1828. To wife all estate real and personal as long as she remains single, with the provision that she is to let all my daughters have a home in my house as long as they remain single. At marriage or death of wife, daughters Nicy, Delia & Anna shall have the house and land so long as they remain single, and at their marriage or death then all estate real and personal to be equally divided between my sons Joel, Elijah, Hale, and Benjamin, and daughters Nicy, Delia and Anna. My sons Joseph and Jonas have no part of my estate either real or personal. Son Joel to be executor. Signed Benjamin his x mark Stokes. Witnesses: B: D: Pitts, Lewis Munday, Lowery his x mark Elliott. Proved 17 August 1828. On 17 November 1828, a certificate of probate granted to Joel Stokes. [Essex County, Virginia, Will Book 21, page 279.]

On 17 November 1828, Joel Stokes and Richard Mosley were bound in the penalty of $7,000 for Joel Stokes’s executorship of the estate of Benjamin Stokes, deceased. [Essex County, Virginia, Will Book 21, pages 334–335.]