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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