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Will of John T. Elsworth – Charleston County, South Carolina

August 6, 2019 by Leanne

This will be my first post as a “Treasure Chest Tuesday”. Hopefully I can find enough interesting things to post this on a regular basis.

WILL OF JOHN T. ELSWORTH

Box 154 No. 9

The State of South Carolina in the name of God Amen

I John T. Elsworth of the City of Charleston in the said State being of disposing mind and anxious so to arrange my worldly affairs before I am called home do make this my last Will and Testament. In the first place I commend my soul to its Almighty Creator hoping for mercy thro the Atonement of our Saviour Jesus Christ and my body I request be buried in an unostentatious christian manner.

Item I direct that my funeral expenses and all other legal debts be paid and satisfied as early after my burial as they can be conveniently.

Item I devise and bequeath unto my Executors my lot of land and Buildings, where I now reside at the Corner of Laurens and Marsh Streets in the City of Charleston and said State, with the household and kitchen furniture Beds and Bedding Linen Silver Plate books and every other article whatsoever (excepting negroes) on the said premises at my death for the full end and term of twelve years the said term to commence and be reckoned from the day of my death for the use benefit and behoof of my dear daughter Charlotte Saverence Keckeley: and at the expiration of the said term of Twelve years the said real Estate and personal property shall pass to her the said Charlotte Saverence Keckeley freed from all trusts whatsoever to her and her heirs forever But should my said daughter Charlotte Saverence Keckeley die before the expiration of the said Term of Twelve years then the said Real Estate and personal property shall upon her death pass to and be equally divided among such child or children as she shall leave surviving her share and share alike to his her or them and to his her or their heirs forever freed from all trusts whatsoever.

Item I bequeath to my Executors All my shares in the Stock of the Union Bank of Charleston in trust to pay over the dividends to my daughter the said Charlotte Saverence Keckeley to be by her appropriated for the maintenance and education of her four youngest children now living and to the survivor of them and also to the payment of the Insurance on the buildings she now occupies until the expiration of the twelve years from my death and then the amount appropriated for the payment of the Insurance as aforesaid shall be by her appropriated to the benefit of the said four youngest children or their survivor until the youngest living shall arrive at the age of twenty one years then the whole of the said Stock shall be shared and divided equally among such of the said four youngest children who shall be then living or paid to the survivor of them freed from all further trusts.

Item I devise unto my dear daughter Abigail Jones the wife of Edward Jones my lot of land and Buildings on the South side of Calhoun Street three doors from East Bay Street No. 11 in the City of Charleston in the said State to her and her heirs forever.

Item I devise unto my dear daughter Ann Elizabeth Hauck my lot of land and Buildings on the East side of Anson Street in the City of Charleston in the said State which lot of land is Known on Robert K. Payne’s Plat surveyed at my request in September 1856 as No. 2 containing one hundred and twenty two feet nine inches front on Anson Street by Eighty one feet in depth to her and her heirs forever.

Item I devise unto my dear Son Isaac Stockton Keith Elsworth my Lot of Land and Buildings at the corner of Anson and Calhoun Streets in the City of Charleston and in the said State, which said lot of land is known and described on Robert K. Payne’s Plat drawn at my request in September 1856, as No. 1 measuring and containing Forty seven feet four inches on Anson Street Eighty six feet ten inches on Calhoun Street Seventy six feet six inches on the back or East line and Eighty two feet six inches on the South line to him and his heirs forever.

Item I bequeath unto my dear daughter Charlotte Saverence Keckeley my negroes Rebecca and her Son William and Nancy and her child Gabriel with the future issue of the females to her and her Executors forever.

Item I bequeath unto my dear Son Isaac S. K. Elsworth my faithful and confidential Servant Molly to him forever And it is my Will and request that Molly be treated with great kindness and be allowed to work out and pay not more that Five Dollars wages annually – 

Item It is my Will and I direct that in the sale of my negroes they be sold in families and not divided, And that they be sold as follows Peggy and her daughter Patty with her children John, Edward, Helen Rhina Aaron Martha, Maria, and Thomas Sukey with her children Bena Jack and the infant Sukey Jinney with her children Deb, Hector, Henry, Hannah, William and Charles: Dorcas with her children Betsey Elvira and Jacob, Juno with her children Sib Joshua Die Jack and Sye, Elsey with her children Harriet and Ann. Emoner with her daughter Martha and her three children August February Joe Minda Susan Louisa David. Chloe with her children Susan Isaac Prince Benjamin Claudy William Robert and May Frank Mary June Ben and William and Elizabeth Elick and Francis

John T. Elsworth Will page 1

Item I bequeath and devise the rest and residue of my personal property and real Estate of every Kind and discription whatsoever of which I die possessed and seized or to which I am at Law or in Equity entitled to be equally shared and divided between my daughters Charlotte S. Keckeley Ann Elizabeth Hauck, Abigail Jones and my Son Isaac Stockton Keith Elsworth to them and their heirs severally and separately forever.

Item I authorize and empower my Executors to sell at public auction or private sale and upon such terms as they may deem most judicious my portion or the whole of my personal property and real Estate not hereinbefore specifically bequeath and devised and to execute titles to the purchaser or purchasers thereof.

Item And lastly I nominate constitute and appoint my Son Isaac Stocton Keith Elsworth and my friend Dr St. John Phillips Executors of this my last Will and Testament.

In Witness whereof I have hereunto signed my name on this the fourth page and at the end of this my last Will and Testament on this the First day of October in the year of our Lord One thousand Eight hundred and fifty nine and in the Nighty fourth year of the Sovereignty and Independence of the United States of America.

John T. Elsworth

Signed on this and the fourth page and published and Declared by the said Testator before us as and for his last Will and Testament who in his presence at his request and in the presence of each other have subscribed our names as Witnesses to its legal execution The words erased from the words “Molly to the word to” on the third page of this my last Will and Testament.

Jno. E. Rivers R. S. Duryea John Phillips

I John T. Elsworth do make and direct that this Codicil be taken as part of my said last Will and Testament and which Will as to all and every trust Legacy and devise therein contained I do ratify and confirm Whereas since the making of my last Will and Testament I have erected Buildings on a portion of my lot of land on which I resided divided it off and made an other lot of land with newly erected Buildings thereon now therefore I devise that this said now formed lot of land with the buildings thereon shall pass with and end as part of  the said Lot of Land on which I now reside for the use and ownership of my daughter Charlotte Saverence Keckeley as I have hereinbefore devised respecting the said lot of land and buildings at the corner of Laurens and Marsh streets.

Witness my Hand this the fifth day of November Anno Domini 1859. 

Signed Published and Declared by the said Testator as a Codicil to his last Will and Testament who at his request and in his presence have subscribed our names as Witnesses.

Charles Love Fayette L. Robinson John Phillips

Probate before George Buist Esqr O. C. D. this twenty third day of June A. D. 1863 On the 24th of June Qualified Isaac S. K. Elsworth Executor therein named.

John T. Elsworth page 2

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