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Will of Daniel Legare Junior – Charleston County, South Carolina

October 1, 2019 by Leanne

Here is another “Treasure Chest Tuesday”.

In the name of God Amen, I Daniel Legare Junior of Charleston in the State of South Carolina being of sound mind memory and understanding, do make and declare this my last Will and Testament, in the manner following;

First, I resign my soul into the hands of Almighty God, hoping and believing a remifson of my sins through the Merits and mediation of our blefsed Lord and Saviour Jesus Christ, and my body I direct may be buried in a plain unornamented cedar Coffin, and my funeral be conducted in a decent christian like manner, without any pomp or parade, or giving and distributing any thing for or by way of mourning, to say person who may be invited to attend.

And my Wordly estate I give and devise as follows, I order, direct, and it is my Will, that all that Tract piece or parcel of Land to me belonging, Situate lying and being on Charleston Neck, adjoining to the Village of Washington, and now by lease in the occupation and Tenure of Mrs. Elizabeth Dewees, at and upon the expiration of the said lease shall be measured and laid out in lots, according and conformable to the general plan of the said Village of Washington, and be divided and allotted by five indifferent impartial and reputable men, into Six parts portions or Shares as equal in Value as pofsible, and one sixth part portion or Share thereof I do give and devise to to my beloved Wife Elizabeth Legare, to have and to hold to her and to her heirs and afsigns for ever,

I also give and bequeath unto my said Wife Elizabeth, the Negro wench Flora, with her Two children Esther and Sylvia, the Negro Wench Chloe and One Negro Man, or boy as she may choose out of my Negroes, together with the future Ifsue and increase of above named female Slaves, to have and to hold to my Said Wife her heirs and afsigns.

I further give and bequeath unto my Said Wife Elizabeth, the Sum of Five hundred pounds Sterling, to be paid to her, as soon as it can be conveniently received, out of the Monies I may leave at Interest,

Also I give and bequeath unto my Said Wife all my household furniture, my riding Chair, and the choice of any One of my horses, I also give and bequeath to my said Wife the use of my House and land in Mazyck Street, for and during her Natural life, and in case of her death, before my dear Daughters Susanna and Mary attain the Age of Eighteen Years or Marriage whichever may first happen, and in case of the death of eighter either of my said daughters, before that Age and her Marriage then her Share of the said rents to go and remain to the Survivor, for her Education maintenance and use, untill the said age of eighteen Years or Marriage.

And after the death of my said Wife, and my said daughters Shall attain the Said Age of Eighteen Years or Marriage, or their decease if before that period, then I do order and direct that my Said House and land in Mazyck Street, Shall be sold by my Executors herein after named, and the monies arising from such Sale be divided equally among my Children then living, and the Child or Children of such of them as may be dead, such Child or Children to have his her or their parents Share.

I also give and bequeath the House wherein I now live in King Street, for the maintenance and use of my Said wife Elizabeth and daughter Susannah and Mary, for and unto the remainder of the Term it is Leased to me.

It is my Will, and I do hereby order and direct That all the Negroes, Stock, plantation Tools and implements of Husbandry, on my plantation at Wasmasaw, be kept together untill my Daughters Susannah and Mary shall attain the Age of Eighteen Years or their Marriage and the produce and profits thereof to be applied untill that period, for the maintenance and use of them and my Said Wife, and afterwards the same shall be divided equally among my said Wife and all my Children who shall be then living, and the Child or Children of such as shall be then dead, such Child or Children, to have his her or their parents Share only And in case my Said Wife should die, before my said daughters Susannah and Mary attain their said Age of eighteen Years, or their marriage, then her share of the produce and profits of the plantation aforesaid, to go and remain to my said daughters, or the Survivor, untill the said age of eighteen Years or Marriage.

In addition to what I haveheretofore given and advanced to my dear Son Solomon Legare, I do hereby give and devise unto him, One sixth part of my Said Tract piece or parcel of Land, adjoining to the Village of Washington aforesaid, to be divided and allotted as above directed To have and to hold the said Sixth part of my said Tract piece or parcel of land to my Said Son Solomon his heirs and afsigns for ever.

I also give and bequeath unto my Said Son Solomon, The Sum of Two hundred pounds Sterling to be paid to him as soon as it can be conveniently received out of the Monies, I leave at Interest.

I give and devise unto my dear daughter Rebeccah Wife of Mr Simeon Theus, one Sixth part of my Said tract piece or parcel of Land adjoining to Washington aforesaid, to be allotted and divided as above directed, to have and to hold the said sixth part of the Said piece parcel or Tract of land to my said Daughter Rebeccah, her heirs and Agsigns for ever.

I give and devise to my dear daughter Amey Wife of Mr. Enos Reeves, one sixth part of my said Tract piece or parcel of land adjoining to Washington aforesaid to be divided and allotted as above directed. to have and to hold to my said daughter Amey, and to her heirs and afsigns for ever.

I also give and devise unto my said daughter Amey a lot of Land in the village of Washington distinguished by the Number fifty three To her and her heirs and afsigns for ever.

I give and devise unto my dear daughter Susanna, one Sixth part of my Said tract piece or parcel of Land adjoining to Washington aforesaid, divided and allotted as above directed and also a lot of land in the said village of Washington distinguished by the Number forty one, To have and to hold the Said lot of land and the Said Sixth part of the Said tract piece or parcel of land to my said daughter Susanna and her heirs and afsigns for ever.

I also give and bequeath to my said daughter Susanna, a Mulattoe Girl Named Martha with her future Ifsue and increase, and also the Sum of Four hundred pounds Sterling to be kept and accumulate on Interest, untill my Said daughter Susanna attains the Age of eighteen Years, or her Marriage.

I give and devise unto my dear Daughter Mary, One Sixth part of my Said tract piece or parcel of land adjoining to Washington aforesaid, to be allotted and divided as above directed, and also a Lot of land in the Said Village of Washington distinguished by the Number Forty. To have and to hold the Said Sixth part, and the Said lot of Land, to my said daughter Mary and to her heirs and afsigns for ever,

I also give and bequeath to my said daughter Mary, a Mulattoe girl named Mary, with her future Ifsue and increase, and also the Sum of Four hundred pounds Sterling to kep’t and accumulate on Interest untill my Said daughter Mary attains the Age of eighteen Years or her Marriage.

And all the rest, residue, and remainder of my estate, and effects real and personal whatsoever and wheresoever, not hereinbefore otherwise effectually disposed of, (after payment of my debts, legacies, funeral expenses, and other charges and deductions as aforesaid) I give devise and bequeath to all my Said Children equally to be divided amongst them Share and Share alike, and to their heirs and Afsigns for ever, and in case any of my Said Children should die before me leaving a Child or Children then such Child or Children shall have his her or their parents Share, equally to be divided between them (if more than one) Share and Share alike.

And I do hereby constitute ordain and appoint my Said Son Solomon Legare my Said Sons in Law Simon Theus, Enos Reeves, and my worthy friends Josiah Smith and Edward Darrel Requires Executors, and my said Wife Executrix (during her Widowhood only) of this my last Will and Testament.

And I commit the guardianship of my daughters Susanna and Mary, untill they respectively attain the Age of Fourteen Years to my Said Son Solomon and the Said Edward Darrell and after my said daughters Susanna & Mary attain the said age, they shall be at liberty to continue their guardians, or choose any other in their Stead. And I do hereby revoke all former Wills and Testaments by me heretofore made, declaring this, to be my last Will and Testament. In Witnefs whereof I have hereunto Set my hand and Seal this Twenty fifth day of May in the Year of our Lord One thousand Seven hundred and Eighty Six.

Daniel Legare Jun:r (LS)

Signed, Sealed published and declared by the Said testator as and for his last Will and Testament in our presence, who at his request in his presence and in the presence of each other other have Subscribed our Names as Witnefses thereto, a small erasure being first made in the first line of this page

John Stevenson __________ Joseph Nesey __________ Stiles Rivers.

Proved before Charles Lining Esquire O.C.T.D. May 10, 1791. At same Time qualified Solomon Legare Executor.

Examined )

18 88 Co. Dh. ) C.L.

Recorded in Will book “B” 1786-93 Page 565.

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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