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Transcribed by Donali Howell, 16 May 2001

                       WILL OF

                  JOHN WITHERSPOON

State of South Carolina

                    In the name of God Amen.  I John With-

erspoon of Marion District and State aforesaid do make

and declare this my last will and Testament, in manner

and form following--Imprimis Whereas by the death of my

Brother Robert Witherspoon I became entitled to two tracts

of Land on the South west Side of Lynches Creek--Known

by the name of the Lynches Creek ferry Lands and contain-

ing in the whole Sx hundred and thirty four Acres more or

lefs AND WHEREAS I always intended the profits arising

from the Said Lands to be dedecated to the encouraging

and propagating the Gospel--promoting religious and moral

principeles and for other charitable purposes-- I NOW

THEREFORE give and devise to Aimwell Congregation and its

Succesfsors all those two tracts of Land aforesaid.  reser-

ving to myself Neverthelefs the power of constituting and

appointing my friends Samuel Erwin John D Witherspoon and

Robert Erwin, Trustees in behalf of the Said Congregation-

which Said Trustees aforesaid Shall have the Sole power

and Authority of demising, granting and to farm letting

the Said Lands aforesaid and applying the rents and pro-

fits arising therefrom to the uses and benefits of Said

Congregation so long as the encouraging and propagating 

the Gospel in the Said Congregation Shall in the Wisdom

of the said Trustees aforesaid be deemed practicable---

but in case the encouragement and propagation of the Gos-

pel in the Said Congregation cannot be effected from the

rents and profits arising from the Lands aforesaid then

I reserve to my Self the farther power of vesting in the

Said Trustees aforesaid the Sole power and authority of

expending the rents and profits arising from the Lands

aforesaid in the maintenance and Education of such poor

children in the Congregation aforesaid as the Trustees


JOHN WITHERSPOON'S WILL PAGE 2

aforesaid Shall deem proper--Reserving to myself also the 

farther power of vesting in the Said Trustees aforesaid 

So by Me appointed or the Survivor or Survivors of them in

case of the death resignation or removal of either or all

of them the power of appointing a Trustee or Trustees as

their Succefsor or Succefsors which Said Trustee or Trustees

so last appointed Shall Have all the power and authority

before given to the Trustees by me appointed--It is also my

farther will and desire that the Trustees aforesaid or their

Succefsors Shall give William Johnston the present Lefsee 

of the Lands aforesaid the exclusive privilege of Leasing 

the Lands aforesaid for the term of twelve years PROVIDED

the Said William Johnson in the wisdom of the said Trustees

aforesaid Shall conduct himself with propriety--

Item I give and bequeath to my daughter Elisabeth Wither-

spoon the following Negroes (to wit) Old Cesar and Wife.

Miley Minda, Mary, Leran, Caesar, Charlotte Tenor, Nero,

Daphne Warren and Scipio together with One half of all my

Stock of Horses, Cattle--Hogs and Sheep to her and her Heirs

forever--

Item I give and bequeath to my Sister Elisabeth Ewin Forty

five Pounds per Annum to be annually paid by my Executors 

hereinafter named in Such manner as my Sifter Elisabeth Ewin

Shall direct--

ITEM I give devise and bequeath all the rest, residue and re-

mainder of my estate both real and personal to my daughter

Elisabeth Witherspoon during her Life and after her death

to such child or children of her Body as She Shall leave

living at her death to him her or them and their Heirs for-

ever--But in case my daughter Elisabeth Witherspoon Should

die without leaving a child or children of her Body to live

at the time of her death then I give devise and bequeath all

the aforesaid residue of my Estate both real and personal in

the manner following-(to wit) One third to the children of


JOHN WITHERSPOON'S WILL PAGE 3

my Brother Gavin Witherspoon, One third to the children of

my deceased Sister Jame Ewin, and One third to the children

of Sister Elisabeth Ewin to them and to their Heirs for

ever--

Lastly I nominate, constitute and appoint My friends Sam-

uel Ewin, John Witherspoon and Robert Ewin Executors of 

this my last Will and Testament--

IN WITNESS Whereof I have hereunto Set my hand Seal, this

Seventh day of December in the year of our Lord One Thou-

sand eight hundred and two and of the Sovereignty and In-

dependence of the United States of America the twenty Seventh

Signed Sealed declared & published by the named John With-

erspoon and for his last will & Testament in the presence

of us who at his request and in his presence have subscribed

our names as Witnefses

Stephen Shackelford                John Witherspoon (SEAL)

Gavin Witherspoon

John Woorell

Recorded in Will Book 1, Page 29

Sworn to December 21, 1802

Sam Cooper, Ordinary, M. D.

Role No. 790

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