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1820 Will of Timothy Rives

Will of Timothy Rives

Will of Timothy Rives



Written 5 Feb 1820
Recorded 16 Jun 1821
Will Book G, pgs 180-183

State of South Carolina   §         In the name of God amen, I Timothy Rives of the District and
Richland District               §         State aforesaid being of sound mind and memory do make and declare this to be my last Will & Testament And first it is my will and desire that my Body after my decease be decently buried at the Discretion of my Executors herein after mentioned and that my funeral Expenses and all my just Debts be paid - Whereas there now unhapily exists a Suit and controversy either in Law or Equity in the County of Washington in the State of Georgia between Harriet Rives Widow & relect of my deceased son John Turner Rives as Administratrix of her Said deceased husband Plaintiff and my son Thomas Rives (who is in this suit acting as my agent) Defendant, and whereas it is uncertain what the Event of said Suit may be, if therefore the said suit should be finally determined in my favour as regards the whole of the property in controversy in said suit as in Justice and Equity it ought then and in such case only, I give and bequeath to my Grand son James Rives only son of my deceased son John Turner Rives, The following negro Slaves Viz, Joe Willis Isaac Bill Phillis Tenor Sarah Anthony Jesse and the Children of Tinor being Slaves which his father had in possession: To have and to hold the said negroes with their Increase for and during the Term of his natural life, and after his Death to the heirs of his body lawfully begotten or to such person or persons as he by will (after he comes of age shall devise and bequeath them to) But if my said grand son should die before having Lawfull Issue or before making a legal disposition by will of the said negroes Then and either of such cases the said negroes & their Increase shall return and become part of my Estate and be Equally divided among my Heirs agreeably to the Statute of Distribution in force in this State. But if the said Suit should be finally determined against me, Then my said Grand son James Rives shall not be entitled to any part whatever of my Estate real or personal because he and his mother will have received in an ungracious way all the Bounty I ever intended to my son John Turner Rives or to his Child & more especially to no part of the bequeath in the foregoing Item in such Event, it is my will that he should receive or be entitled unto.

Item I give and bequeath to my Son James Rives the following negro Slaves with their increase Viz Lewis cloe and her boy child big Lewis Judy Dina Elisa Mina cressy Somerset and little George, being negroes in his possession to him his Heirs & assigns forever -

Item I give and bequeath to my Son Sterling Williamson Rives, the Plantation whereon I now live containing about Eleven hundred & thirteen acres purchased of John Kennerly and John B. Turnipseed and also one hundred and forty acres of land purchased of John Pearson, to him and his Heirs forever. I also give my said Son Sterling W. Rives the following negro Slaves with their Increase Viz, Matilda & her six children Nester Tena Rachel Hercules Lucy & Dick, Likewisie Henry Frank Nicholas George his wife Suckey & her child Bacus Sam & Sylvia to him his heirs and assigns, I also give and bequeath to him, one Feather bed & bedstead & complete furniture for the same, two young mules that came out of his mare - The Gills mares filly & the Brown Mares filly Also Twenty head of good stock cattle & twenty head of Hogs none of them less than six months old & fifteen head of Sheep half of them Ewes also one Dozen Table & one Dozen Silver Tea spoons, both marked “Rives - my Double Barrel Gun & my Patent lever Gold Watch to him his Heirs & assigns forever ~

Item I give to my Son in Law James T. Wade the following negro Slaves with their increase Viz Lucy Tom Becky Ben Dolly Chaney Little Lucy & Little Tom to him and his heirs & assigns being negroes now in his possession -

Item I give & bequeath to my son James Rives & to my son in Law Sterling C. Williamson a tract of land granted to me the 7th day of March 18 containing Eight hundred & forty acres lying on the branches of Kennerly’s Creek Waters to them & their Heirs & assigns for ever the said Tract to be Equally divided between them -

Item I give and bequeath to my Son in Law James T. Wade a Square of Land in the Town of Columbia purchased at Sheriff Sale of the property of Andrew Boddan to him his heirs & assigns -

Item I give and bequeath to my son in Law Nathan Center, a negro woman named Molley & her Daughter Tanzy, to him and his Heirs and assigns the latter being now in his possession -

Item I give & bequeath all the rest of my Estate both real & personal to my sons Thomas Rives James Rives & Sterling Williamson Rives, my Daughters Mary Williamson wife of Sterling C. Williamson, Charlotte Center wife of Nathan Center and Martha Wade wife of James T. Wade to them and their Heirs and if any one of them should die before me, it expressly my will and desire, that the share of such deceased shall enure & be for the benefit of the Issue of such deceased son or Daughter - the foregoing bequest subject nevertheless to the following amendments Viz my Son Thomas having received from me the negro Nancy worth five hundred Dollars, which I consider as that much more than I gave to my other children whom I have promoted he is therefore to draw that Sum less than the Equal Shares of all the rest for it is my will that except in this respect my said Residuary Estate shall be Equally divided between them my said Children -

Item Whereas I have by this will given my son James Rives a negro named little George and a moiety of a Tract of Eight hundred & forty acres of land, I expressly ordain that the said negro & said Tract of land if given him in lieu of Hire of negroes Cook & Jim left him by his aunt Priscilla Rives and my will and desire is that if he shall not accept them as compensation in full of such Hire & wages, so much as he may in Justice claim therefor is to be taken out of the specific legacy herein devised, in like manner as is provided for in the case of my son Thomas for the negro Nancy - I do hereby nominate & constitute & appoint my sons Thomas Rives & James Rives my sons in Law Sterling C. Williamson, Nathan Center & James T. Wade Executors of this my last will and Testament & Guardians of my Minor Son Sterling W Rives - Signed & Sealed this fifth day of February in the year of our Lord one thousand eight hundred and twenty (1820)

                                                                                                  Timo Rives (SS)
Signed & Sealed             }        John Taylor
In the presence of         }       Sarah Taylor
                                                        Harriet Taylor
                                                        W. F. Taylor

South Carolina         }         Personally appeared John Taylor Esquire who being duly
Richland District     }         Sworn upon the Holy Evangelist of Almighty God did make Oath that he Saw Timothy Rives sign date publish pronounce and declare this annexed instrument of writing to be his last Will and Testament that he was then of Sound and disposing mind and memory according to the best of this Deponents knowledge & beliefs and that he with Sarah Taylor Harriet Taylor & W. F. Taylor at the request of the Testator in his presence and in the presence of each other witnessed the due Execution thereof.
                                                                                                  John Taylor
Sworn to before me  }
this 16 Jun 1821         }         James S. Guignard Ordinary

CODICIL
I Timothy Rives being this 19th of May 1821 weak in body but of Sound mind & disposing memory do make & Execute this as a Codicil to my Last will & Testament which bears date the 5th day of February 1820 & to which it is annexed

                Item It is my will and desire that in addition to the bequest in my Said Will to my Son Sterling W Rives, that he shall take and receive out of my Estate Viz One mule (mare) which come out of the Brown mater - also five head of Sheep in addition to the fifteen already bequeathed to him. Thirty head of Hogs in addition to the Twenty already bequeathed to him One other bed bedstead & furniture & that there may be no doubt as to the furniture intended for this Bed & for the one already bequeathed - It is my will that two pair of sheets three Blankets & one coverlet or quilt & one bolster & two Pillows with cases be considered as the Suit for each Bed -

                Item I give to my son Sterling W. Rives Five hundred Bushells of corn five thousand weight of Fodder my best Set of Mahogany Tables & Tea Table Six of my best chairs and my side Board one Dozen plates one Dozen Cups & Saucers one Tea Kettle Tea Pot & Coffee Pot & also my best Waggon & Gears & four of the best Plows & gears on my plantation and also my Horse Bridle & saddle which I have lately used for my own conveyance. My son is to have the choice of the bedsteads & beds

                                                                                                  Timo Rives (SS)
Signed & Sealed in   }      John Taylor
The presence of       }       William Rives

South Carolina         }         Personally appeared John Taylor Esquire who being duly
Richland District     }         Sworn upon the Holy Evangelist of Almighty God did make Oath that he Saw Timothy Rives sign seal & declare the within to be a Codicil to his Will annexed - that he was then of sound & disposing memory according to the best of this Deponents knowledge & belief and that he with William Rives at the request of the Testator in his presence and in the presence of each other witnessed the due execution thereof.
                                                                                                  John Taylor
Sworn to before me  }
this 16 Jun 1821         }         James S. Guignard Ordinary

Source

Richland County SC Will Book G, pgs 180-183, scanned online at www.familysearch.org
Will Transcription at South Carolina Archives online


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Page last modified on Monday 25 of April, 2016 12:57:12 CDT by Beverly.