1853 Will - Thomas Rives
Introduction
Newberry County, South CarolinaEquity Bill Box 49, No. 15
Transcript
The State of South Carolina }Lexington District }
In the name of God Amen I Thomas Rives of the District and State aforesaid being feelle? in body but of sound and disposing mind and memory and understanding do make and ordain this my last Will and Testament in manner and form following that is to say
First I commend my soul to God who gave it and my body the earth to be buried according to the rites of the church of which I am a member.
Secondly I direct that all my just debts be paid by me executors out of any cash I may have on hand at my death and such debts as may be due and owing to me and if that fund be inadequate then the deficieny to be supplied as herein after directed.
Thirdly I give desire and bequeath to my beloved wife Harriet E Rives for and during the term of her natural life the following property real and personal to wit: a tract of land whereon I reside which I purchased of Joseph Kennerly embracing the gun house cotton screw barn stables and all other buildings appertenent also my enclosed land adjoining the same which may be without the said tract adjacent thereto also fifty acres of land on Holingsheds Creek which I purchased of Thomas Smith on the 7th of October 1851 bounded by lands of David Bookman and other lands of mine also the following named slaves to wit: Susa and her children Edward Nancy Emma Easter, Elizer, Washington, Patty, Margaret an infant not yet named Jack Marcus Richard and Dafney also six mules my best wagon my carriage and harness six cows and calves to be selected by her also six beds and furniture which she may select also all my other household and kitchen furniture and all my plantation tools including a pair of oxens and ox cart.
Fourthly I give desire and bequeath to my son Simon Rives and his heirs forever the following property real and personal to wit a tract of land known as the Ive Kenerly house place which I purchased of Thomas Smith 7th October 1851 containing one hundred and fifty four acres also a tract of land known as the Kelly land containing one hundred and thirty eight acres also a tract of land known as the Turner land containing two hundred and fifty acres also an island called Kemp island and all other islands between that and what is called the big island also the following slaves to wit: Moses Davy and Ellen and their increase.
Fifthly I give and bequeath to my daughter Rebecca Hair and her heirs and assigns three slaves to wit: Hilliard Sauras and Henry and their increase
Sixthly I give and bequeath to my daughter Judith Rives and her heirs and assigns four slaves to wit: Albert William Hannah and her infant child not yet named and their increase.
Seventhly I give and bequeath to my daughter Priscilla Williamson and her heirs and assigns three slaves to wit: Harry Eunice? and Ephraim
Eightly I give and bequeath to my daughter Harriet Veale her heirs and assigns three slaves to wit: Tom George and Fanny and their increase
Ninthly I authorize and direct my Executors herein after named to sell at public auction upon such terms as they may deem most expedient the tract of land known as the Holingshed land consisting of two parcels one of two hundred acres adjoining Broad River and an island called the Big Island granted to Samuel Holingshed the other containing tow hundred and sixty acres by a resurvey made by Samuel Alston dep sur the 3rd & 4th of December 1805 and was granted to the said Samuel Holingshed for three hundred and thirty eight acres the purchase money of which I give and bequeath as follows to wit: one third part thereof I give to my daughter Priscilla Williamson one other third part thereof I give to my daughter Harriet Veale and the remaining third part thereof I give to my son Simon Rives and my daughter Rebecca Hair and Judith Rives to be equally divided among them share and share alike.
Tenthly After the death of my beloved wife I give desire and bequeath all and singular the property given to her for life and mentioned in the third clause of this my said will to my said son Simon Rives and my said daughters Rebecca Hair and Judith Rives and their heirs forever to be equally divided among them share and share alike and if any of them should die before the death of my beloved wife his her or their share to go to his her or their issue then living respectively and default of such issue the to his her or their surviving brother or sister named in this clause.
Eleventhly I authorize and direct that all the rest of my property not herein before disposed of be sold by my executors upon such terms as they may think most expedient at public auction and the proceeds thereof or so much thereof as may be necessary applied by them to the payment of my debts and the balance of said proceeds I give and bequeath to all my children now living and their heirs and assigns forever.
Lastly I hereby constitute and appoint my beloved wife Harriet E Rives & my son Simon Rives and my son in law Thos M Hair executors of this my will hereby revoking all former wills by me heretofore made declaring this to be my only last Will and Testament.
In witness whereof I have hereunto set my hand and seal this sixteenth of July in the year of our Lord one thousand eight hundred and fifty three.
Thomas Rives (LS)
Signed Sealed published and }
declared by the said Thos Rives as and }
for his last Will & Testament who in }
his presence and at his request and in }
the presence of each other have subscribed }
our names as witnesses to the due execu }
tion hereof
L Boozer
David Bookman
Thos W Bouknight
South Carolina }
Lexington District } I hereby certify that the above instrument of writing is true extract of the last Will of Thos Rives taken from the original remaining in my office this twenty second day of May 1854
Arthur H ?