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Contributed by Francine Jones, 19 Jul 2001

                               WILL OF

                         CHARITY PORTER

In the name of God Amen.

                      I Charity Porter of the District of Marion widow Lady,

being healthy of body, and of Sound disposing mind and memory do make this

my last Will and Testament in manner and form following.

Item.  I give devise and bequeath unto my friend John C. Bethea and William

H. Cranford a tract of land Situate on Grafey Bay, bounded as follows on the

north by lands of John. B. Platt, East by land of Isham Watson, South and west

by land of Henry Gasque containing four hundred acres more or lefs, and the

following negroes viz. Laura Bill, Jane, Befs, Amy, and Tim, and all my goods

chattels, ch*  in action. stock & effects of what Kind soever not hereinaf-

ter bequeathed to hold to them, the said John C. Bethea and William H. Cran-

ford, their Executors administrators and afsigns, Upon this Special trust and

confidence neverthelefs, that is to say, that they my Said Trustees or the

Survivor of them, or the executors and administrators of Such Survivor shall

after the payment of my just debts and funeral expences, permit my son James

Porter to occupy and pofsefs the one half or moiety of the tract of land a-

bove mentioned, the Said tract to be so divided as to include the place on

which the Said James now resides, and to receive and enjoy, the rents, ifsues,

and profit of the Said lands for and during the term of the natural life of

the Said James, and also shall permit the Said James to hold and to receive

the labour, Services and hire, of the negro Woman Laura, and her future in-

crease for and during the term of the natural life of the Said James the

property aforesaid to be in no wise subject to the debts of the said James,

and from and immediately after the death of the Said James, if there be no

child of the Said James that may have arrived at the age of twenty one, to

stand Sezed of the premises aforesaid & to hold the negro woman Laura and

her increase, for the use and benefit of the Lawful children of the said

James until such time as one of the children of the said James may have ar-

rived at the age of twenty one, then to convey and afsure the premises afore-

said, and to give transfer and deliver the negro woman aforesaid with her in-

crease unto the lawful children of the Said James, to them and their heirs

forever share and Share alike.  Item.  Also upon trust, that the trustees a-


CHARITY PORTER'S WILL PAGE 2

foresaid, shall permit my son Hugh Porter, to occupy and posefs, the other

half or moiety of the tract of land above mentioned including the dwelling

house in which I now reside and to receive and enjoy the rent ifsues and

profits of the said lands during the term of the natural life of the Said

Hugh, and also shall permit him to hold and receive the labour Services

and hire of the two negroes Bill and Jane and the increase of Jane likwise for

and during the term of the natural life of the Said Hugh without being in]

any manner Subject to his debts. and from and immediately after the death

of the said Hugh if there be no child of his that may have arrived at the

age of twenty one, to stand Seized of the premises aforesaid and to hold

the negroes aforenamed with the increase for the use and benefit of the

children of the said Hugh, until Such time as one of the children of the

Said Hugh shall have arrived at the age of twenty one, then to convey and af-

sure the premises aforesaid, and to give, transfer, and deliver the negroes

aforenamed and increase unto the lawful children of the said Hugh, to them

and their heirs forever, Share and Share alike.

Item, also upon trust, that the trustees aforesaid shall permit my daughter

Harriet Gasque to receive and enjoy the labor Services and hire of the

negro woman Befs and her increased to her sole and Seperate use (without being

in anywise Subject to the debts or control of her husband) for and during the

term of the natural life of the said Harriet and from and immediately after

the death of the said Harriet if there be no child of the said Harriet that

may have arrived at the age of twenty one, to hold the property aforesaid

us the use and benefit of the children of the said Harriet until such time

as one of the said children shall arrive at the age of twenty one, then to 

give transfer and deliver the negro woman aforesaid with her increase to the

lawful children of the Said Harriet to them and their heirs forever share and

share alike.  Item  also upon trust. that the trustees aforesaid Shall permit

my daughter Elizabeth Flowers to receive and enjoy the labour services and

hire of the negro girl Amy with her increase, to the Sole and Seperate use

of my saiddaughter without being Subject to the debts or control of her husband

for and during the natural life of the said Elizabeth and from and immediately

after the death of the said Elizabeth, if there be no child or children of


CHARITY PORTER'S WILL PAGE 3

him that may have arrived at the age of twenty one then to hold the proper-

ty aforesaid for the use of her children, until such time as one of the

children of the said Elizabeth may have arrived at the age of twenty one,

then to give transfer and deliver unto the lawful children of the Said Eliza-

beth the negro woman aforesaid and her increase, to them and their heirs

forever Share and Share alike

Item, Also upon trust, that the trustees aforesaid shall as soon after my

death as conveniently may be sell and dispose of the negro Jim on a credit 

or for money, as to them Shall Seem most advisable, and apply the proceeds

Equally Share and share alike, to the use and benefit of my Son James Porter

and my daughters Harriet Gasque and Elizabeth Flowers, Subject however to

the Same restrictions and limitations as the property herein before bequeathed

to the use and benefit of the said James, Harriet, & Elizabeth, respectively

is restrained and limited, and my Trustees are hereby empowered to make Such

investments of the money arising from the Said sale, as to them shall most

proper, to carry out the trust aforesaid

Item, also upon trust, that the trust aforesaid shall if either of my child-

ren herein before mentioned die, without leaving ifsue alive at the time of

his or her death, hold the place placed in trust for his or her benefit for

the benefit of the survivor or survivors Subject to like trust as herein

before provided.

Item.  I give and bequeath unto my daughter Harriet Gasque her executors ad-

ministrators & afsigns the one half of my house hold and Kitchen furniture

Item.  I give and bequeath unto my daughter Harriet Elizabeth Flowers her exe-

cutors administrators and afsigns the other one half of my house hold and

Kitchen Furnitre

Item, I give and bequeath unto my two grand sons Nicholas Porter and Hugh

Porter Sons of James one cow each,

Item, I give and bequeath unto my daughter Oliva Barfield one Dollar

Item, I give and bequeath unto Leonard Brown one Dollar

Item I will the rest and residue of my estate, I give to be equally divided

among my children James & Hugh Porter Harriet Gasque and Elizabeth Flowers

Share and Share alike


CHARITY PORTER'S WILL PAGE 4

And lastly I do hereby nominate constitute and appoint my Said trustees, the

Said John C. Bethea and William H. Cranford executors of this my last will

and testament; hereby revoking and make void all former wills and testaments

at any time heretofore by me me made and do declare this to be my last will

and testament

In Witnefs whereof I have hereunto set my hand and Seal the third day of

February in the year of our Lord one thousand eight hundred and forty six

Signed Sealed published            )
                                   )
and declared by the above          )                Charity Porter (SEAL)
                                   )
named Charity Porter, as &         )
                                   )
for her last will and testament    )
                                   )
in the presence of us who at her   )
                                   )
request, and in her presence have  )
                                   )
Subscribed our names as Witnefses  )

Robt J. Gregg

Jane B. Evans

C. D. Evans

Recorded in Will Book 2, Page 92

Original Will Missing

Recorded March 7, 1848

Ed. B. Wheeler, Ordinary

Roll No. 653


*word undecipherable with the exception of the letter "ch";probably"choses"


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