Williams


Wills

Will of Capt. David Williams

The State of South Carolina
Darlington District
			In the name of God Amen!
I David Williams of the district of Darlington and State of South Carolina 
being of sound and disposing mind and memory do make and ordain the following
 for my last will and Testament.

	In the first place should I have any debts unpaid at the time of my death it 
is my will and I hereby direct that the same be speedily paid.

	Secondly: It is my wish suitably to provide for my wife Janet Williams
 and Thereby prevent any difficulty between her and those who may have the
 management of my estate: for this purpose, I will devise and bequeath to the
 said Janet Williams as follows: 
To wit
	I will and bequeath to her the said Janet Williams her heirs and assign
 for her the Negroes Isp, Sucky, Mary and Hipsy which I acquired by marriage
 with my said wife: also five thousand dollars to be paid to her out of my
 estate: Thus beds and furniture thus cows and calves and a years provisions
 -that is corn, pork, fodder and the like in the quantity subject to the number
 of her family as contemplated in this my will,. 
 In addition to the above which I have thus given forever I loan to my said wife
 during the term of her natural life, and no longer, the following named
 property-A Negroes boy which I bought of Wilson Witherspoon named Sam, All the
 children of Sucky and Mary above given to her which are now born or may be
 born before my death except Hipsy which I have above given absolutely-the gig
 and Havnip, two horses one of them to be a choose gig horse and the other a
 good work horse.  I also will and direct that my said wife during her
 lifetime, if she so long continue my widow, live upon this place where I now
 live occupying the mansion house and having the use of enough corn and cotton
 land to work her hands upon, this is, the hands which I have given and loaned
 to her, but she is not to take any other person to live on the place unless it
 be her single daughter Martha.  There is a part of my land used for the
 cultivation of cotton and apart for the cultivation of cotton and a part for
 the cultivation of corn it is not my wish or will that said lands be used
 differently by my wife than I now use them-so much of the cotton land as maybe
 assigned to her for use I direct to be used for no other cultivation of cotton
 and a part for the cultivation of corn it is not my wish or will that said
 lands be used differently by my wife than I now use than that of cotton. 
 The corn land assigned to her use, she can plant either in corn or cotton as
 she pleases.  Of course, she is to have permission of use the necessary timber
 and live wood for the use of her plantation and domestic purposes from off my
 wood lands.
	Should my wife marry then of course she will no longer continue on the
 plantation: and if from any cause she remove from the plantation, then she is
 to give up the Negroes which I have above loaned to her for life: she is to 
 have them only so long as she lives on the plantation.
	The provision which I have above made for my wife is in Bar and Lieu of
 power of common law and in bar of all claim of thirds under the statute.
 Thirdly: I will devise and bequeath the entire residue of my estate of all 
 kinds and descriptions, both real and personal to my children and grand-
 children living at my death, to them and their heirs and assign forever, in
 such portions and proportions among them respectively as the stature
 distributions in this state points out and determines, my children taking in
 equal portions, and my grand children taking up representation where the
 parent if living at my death would have taken.  If I make no further will, 
 advancements made by me in my lifetime to my children respectively are to be
 accounted for in the division among them under this will, the same if I had
 died interstate.  In testimony whereof I have here to set my hand and seal
 this tenth day of June in the year of our lord One Thousand Eight hundred 
 forty three.
Signed Sealed  & published this day Above written in our presence.
Ian I Ervin  Jas Ecllorris  A. D. Sims				
David Williams        seal
South Carolina
Darlington District  
Personally appeared before me SamL Ervin one of the subscribing witnesses
 foregoing will and made oath that he was present and did sign David Williams
 sign seal acknowledge and declare the foregoing instrument of writing as his
 last will and Testament & that was at the same time of sound and disposing
 mind memory & understanding and that he together with A.D. Sims & Jas E.
 Morris witnessed and did Execution thereof in the presence of each other and
 the Testator.

Sworn to before me This 7 Nov 1850  DJSAW Odd               SamL I. Ervin
		Codicil to Will of Capt. David Williams

The State of South Carolina
Darlington District
	I David Williams of the District of Darlington and State of South 
 Carolina being of Sound and Disposing mind and Memory do make and ordain the
 following as a codicil to my last will and Testament made and executed by me
 the tenth day of June Anno Domini Eighteen Hundred and Forty Three in the
 presence of my friends Jas. E. Morris, A. D. Sims and S. J. Ervin as witnesses.
	1st I give, devise and bequeath to my son James Williams all that
 plantation and tract of land upon which I now reside to him and his issue
 forever subject to the right and interest of my wife Janet Williams/ should
 she survive me/ during her life or widowhood in so much as said land as may be
 necessary to employ her hands, as is limited provided and expressed in the
 second clause of my said will-this desire to my son James is not intended to
 abridge the provision made for my wife, but is to take effect subject to the
 same.
	2nd I hold a note in my son John S. Williams, which I wish canceled and
 give up to him or to his children if he be dead.
	3rd I will and devise and bequeath the entire residue of my estate of
 all kinds and descriptions both real and personal to be disposed of in the
 same manner and distributed among the same persons as stated in the third and
 last clause of my will except that my son John S. Williams and his children if
 he be dead, and the children of my deceased son William Williams are not to
 receive any portion of the same having already received their full portions
 and excepting also from the operation of said clause the property disposed 
 of and desired in the two proceeding clauses of the codicil-provided always
 that the share and portion of the said residuum of my estate which may be set
 off to my daughter Catherine Williamson wife of Geo. L. Williamson shall be
 held by Peter A. Wilds and his heirs as a trustee to be used for the sole and
 separate use of my said daughter for the period of her natural life free and
 discharged from the control and distribution of her present or any future
 husband, and know and after her decease, to and for the use of any child or
 children which she my said daughter may leave living at the time of her
 decease to be equally divided among-and if she shall leave no child or
 children as aforesaid, the portion shall be delivered up to said Williamson 
 free from all limitations & restrictions so also it is provided-that the share
 and portion of said residence of my said estate which may be set off to my
 daughter Elisa Ann Witherspoon wife of John S. Witherspoon shall be held by
 Thomas Atkinson and Alonzo B. Williams and their heirs as trustees to and for
 the sole and separate use of my said daughter for and during the period of her
 natural life and discharged from the control and liabilities of her present or
 any future husband, and know and after her decease, to and for the use of any
 child or children which she may leave living at the time of her decease to be
 equally divided among them, if more than one-and if she shall leave no child
 or children as aforesaid then the said property shall be delivered up to the
 said John S. Witherspoon.  In the event of a distribution among either the
 children of Elisa Ann Witherspoon or Catherine Williamson I wish the children
 of any deceased child to represent their deceased parents.

Should James Williams be dead at my decease and leave no child or children then
 living then I will and desire the land deeded to him and his heirs shall be
 disposed of under the third and preceding clause of this codicil.  
I hereby satisfy and confirm my said last will and testament in all things save
 wherever the same is hereby altered and modified the testimony where of I have
 herewith set my hand and seal this 27th day of November Anno Domini eighteen
 hundred and forty eight signed, sealed, published and declared in the presence
 of us who signed our names hereto in the presence of the testator and in the
 presence of each other.  
E. W. Charles   A. H. Wilds    J. A. Dayan                              
David Williams       seal
South Carolina
Darlington District
Personally appeared before me J. A. Dayan am of the subscribing witnesses to
 the annexed codicil & made oath that he was present & did see David Williams
 sign, seal, and acknowledge & declare the annexed instrument of writing to be
 a codicil to his last will and testament and that he was at the same time of a
 sound and disposing mind, memory, and understanding and that he together with
 E. W. Charles & S. H. wilds witnessed the due executive thereof at the same
 time & in the presence of each other and of the testament sworn to before 
 me twenty-seventh Nov. 1850

D. L. Law   ODD        J.A. Dayan
Will of Elizabeth Williams
Darlington District October 10th 1830
Feeling the uncertainity of life, and not knowing how soon or in what manner I 
may be called hence, I embrace the privilige of declaring my desire respecting 
the property which God, in his great mercy has granted Me.  I do hereby declare
this, to be my last Will and Testament, 
imprimis, I give and bequeath to Mary Elizabeth McIver Daughter of D. R. W. 
 McIver, a negro girl by the name of Mary.
2d I give and bequeath to Wilds Williams McIver, the Son of D. R. W. McIver, a
 negro Man by the name of Tharper,
3d I give and bequeath, to David R. Williams McIver: Son of Meseander M.
 McIver, a negro Man by the name of Isaac.
4thly I give and bequeath to George R. Williams McIver: Son of Mexander M.
 McIver, a negro Man by the name of Tom.
5th I give and bequeath to Hannah Elizabeth McIver, Carolina, and Nicholas,
 Children of Thomas K. McIver's a negro woman by name of _inder [Minder?], and
 one by the name of Betty, with her two Children, nad all other increase from
 her, or hers forever.
6thly I give and bequeath, to My dearly beloved Gran Son David, _ogenson,
 Williams, those ten negroes, with their increase viz, black smith Smart--Jim
 --Scippio--Ophelia--her child Jack--Polly--her child Massey--Dinah, her
 children, Daphney and Hannah--Also all my Silver--viz, Coffee pot--Tea ditto--
 Shugar dish--Crea pot--Soup ladle, Sauce ladels 2. large and small spoons one
 _zen [dozen?] each. Desert ditto half dozen--2. Salt, one mustard also his
 Grand Fathers Portrait--his small writing desk with the contents and his
 travelling trunk.
 __t all, of every thing else belonging to me, (wearing apparel excepted) I 
 desire sold, furniture -- Carriage & Horses, work ___to [ditto?] --- and Stock
 of all kinds, which are lawfully mine and the amount of which with the
 proceeds of the crop on hand (after all just demand are paid) to be divided
 into 3 equal parts, giving one to the Welch Neck Church of which I am a
 Member, one to Welch Neck Association, and one to the So. Ca. Baptist
 Convention (called the State Convention of the Baptist Denomination.

Lastly; I nominate and appoint Doctor Thomas Smith, Brother Meseander Sparks,
 and be beloved son, John, Nicholas, Williams, Executors, of this my last Will
 and Testament, also the ballance due on M. Woddy's bond to be given to my dear
 Cate my kind friend Sister. signed in the presence of these witnesses.

John McIver David
Jemina Darby
G. M. Fort (struck out)
S. C. Williams

Elizabeth Williams (seal)
August 10th 1840

Recorded in Will Book Page 6
Recorded January 12th 1841
Ervin B. Brunson Ordinary DD
Apt. A. Pkg. 704