Marion County, SC Wills, Estate & Probate Records

Transcribed by Donali Howell, 22 May 2001

                                   WILL OF

                                 DAVID MILES

State of South Carolina)
                       )
  Marion District      )   In the name of God Amen. I David Miles a resi-

dent and Citizen of the State and District aforesaid being Strongly imprefsed

with the Shortnefs and uncertainty of all human existance in this world and

in my own Case Especially being forcibly admonished by my advanced Age and

growing infirmities that according to the nature of things I can not long

remain in Charge of my temporal affairs and having a preference as to the 

manner in which they Should be arranged in the event of my death I have

this day Concluded to Execute this my last Will and Testament. The details

of Which I will now proceed to State as follows vis.  Item 1^st  To My Son

in Law Dinnis Berry and my Daughter Elisabeth his wife and the lawful Heirs

of her body I Will and bequeath One Dallar to be paid to the them or who-

ever may be legally Authorished to receive it by my Lawful Executors here-

after to be named This bequest is in addition to two Negroes Diana and Step-

han which I gave them hiretofore

Item 2^nd    I will and bequeath to my Son John M Miles the Tract of Land

on which He now lives containing Nine hundred acres more of lefs and also

One hundred dollars including Seventy which He now owes me - the remaining

thirty to be paid to him as I Shall hereafter prescribe  This bequest is

an addition to a Negro Boy by the name of Shade which I Gave him heretofore-

Item 3^rd    -I will and bequeath to my Son Charles Miles my negro man Jack

in addition to the Boy Hilliard which I gave him heretofore and which he now

has in pofsefsion.  Item 4^th    .To my Son in Law Slaughter Berry And to my

daughter Nancy his Wife and the Lawful Heirs of her Body I Give and bequeath

one dollar in addition to the two Negroes Ginny & Thomas which I gave them

heretofore - this Sum to be paid as hereafter prescribed.  Item 5^th

To my daughter Mary Colcot and the lawful Heirs of her body I give and be-

queath my Negro Woman Laney or rather I deed the Said Negro woman Laney to

my Lawful Executors in trust for my daughter Mary Colcott and the Lawful

Heirs of her Body and this latter I want it to be distinctly Understood is my

particular will and desire - This bequest is in addition to the Same Negro

Girl which I Gave to her husband William B. Colcott on a former occasion


DAVID MILES' WILL PAGE 2

And Afterwards bought back together with a horse Valued at Seventy dollars and

ten dollars in Money which I gave him when last on a visit to this District -

Item 6^th  To my daughter Drusilla Mace, and at her death to the Lawful Heirs

of her Body I Give and bequeath my Negro girl Hannah in addition to the girl

Charity which I gave her and her late husband Moses Mace on a former Occasion

Item 7^th  .To my son in Law John Jackson & my daughter Eliza his wife and

at her death to the Heirs of her body I give and bequeath my Negro Boy Andrew

in addition to the girl Rose which I have already given them.

Item 8^th  To my son Francis Miles I give and bequeath three Negroes Namely.

Sam. George and the old man Jim And also the Tract of Land on which James A.

Miles lately lived and where Woodward Garner now lives the latter having rented

the same for the present year from the S^d Francis  Item 9^th To my Son David

I give and bequeath my two Negroes Cato and Margaret and also one half of 

all the Land I own excluding the two parcels of Land before Specified as being

herein willed away the one to my son John and the other to Francis  Item 10th

To my sons George Washington I Give and bequeath my two Negoes Lewis and Kid-

dy & the other half of all the reming portion of my Landed Est. not including

what I have herein given of to John and Francis  Item 11^th  To my daughter

Mahaly I give and bequeath my two Negro girls Fame & Eliza  Item 12^th  To

My daughter Caroline I give & bequeath my two Negroes Harriet and Joe.  Item

13^th To My Daughter Eveline I Give and Bequeath my two Negroes Ginny and

Grace.  Item 14^th  To My Wife Mary Miles I Give and bequeath my old Negro

woman Jude together with all my Stocks of Horses, Mules, Cattle and Hogs also

all of my Household and Kitchen furniture Plantation tools Cart and Riding

Chair - In Short all my property of Whatsoever description Which I may be

pofsefsed of at My death And that has not herein before been disposed of

to other Legatees all of Which may be Seen by refering to the items above

Stated In addition to the property above exprefsed as well as implied as be-

ing by this instrument willed and bequeathed to my Wife the Said Mary Miles

and with which She is left at Liberty to use and dispose of as She in the 

exercise of her individual Judgment may deem proper under any and all circum-

stances in Which She may be placed - it is my Will and desire that She Shall

have the use of all the Negroes that I have hereing Willed and bequeathed to

her five Children and also the Tract or portion of Land Whereon I live and


DAVID MILES' WILL PAGE 3

Which I have herein provided for the division of between her two Sons David

and George Washington during her natural life and While She remains in a 

State of widowhood  But in the event of her Again marrying or by any Course

of Conduct which may Seriously prejudice her own Character as a Lady or en-

tail a reproach upon her offspring then in either Case my executors are hereby

enjoined and particularly requested to dispofsefs her not only of the Planta-

tion and Negroes which She is otherwise to have the use of but also her Child-

ren to whom the Same is allotted and make such disposition of the whole as in

the exercise of their best discretion may be deemed proper - I do not insert

this proviso from any distrust I entertain for my excellent Wife nor from any

apprehension I feel for the prudence or propriety of her future conduct But

merely to remind her of the deep solicitude I felt in my life time that she

should Continue to the end of her life that prudence, Virtuous and amiable

Woman which have so eminently Characterised her up to the present period.

In making this my last Will and Testament I have not the remoatest design

to practice the least fraud upon any human being and least of all upon any who

may be interested in any of its provisions And to Strengthen the presumptions
                                           good
that I am of Sound and disposing Mind and of Memory I will here State the fact

that I made a Will in 1842 May the 7^th of which this is in every substantial

particular an exact Copy. and have only been induced to execute it Anew to *

a Legal informality that obtained in the original in the matter that related

to the number of Subscribing witnefses   Item 15^th   And last  .I do hereby

Constitute and appoint my good friend Col. Thomas Harllee and my faithful

and dutiful son Charles Miles my Lawful Executors to execute and enforce After

my death the provisions of this my last Will and Testament Which I hereby Ac-

knowledge this to be When the Same is to take effect.  In witnefs whereof I here-

unto set my hand and affix my seal. in the year of our Lord Eighteen Hundred

& forty three Dcember the sixth
                                                          his
Signed and Sealed in presence of                     David X Miles (SEAL)
                                                       mark
B. K. Hinagan
George Clark
Kenion Clark
Burgefs Clark
Wm George

Recorded in Will Book 2, Page 138
Sworn to June 22, 1846
Edward B Wheeler, Ordinary
Roll No. 595

*  word undecipherable 

Transcribed by Donali Howell, 22 May 2001.  Note that the WPA transcriber was unable
to decipher the starred word.
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