James COOK, 1826
Contributed by Harriett Grace, 21 March 2000
WILL OF JAMES COOK
In the name of God Amen.
I, James Cook, of Marlborough District and State of South Carolina, planter, now being in a state of good health of Body, and of sound and disposing mind, memory and understanding, blessed be to God for the same, do make and ordain, this my last Will and Testament that is to say
First, I give and recommend my soul into the hand of God who gave it, not doubting but at the General resurrection, I shall receive the same again through his mighty power. and as to my body I recommend it to the earth to be buried in a Christian-like and decent manner at the discretion of my Executors and as to such worldly estate wherewith it hath pleased God to bless me with in this life, I give, devise and dispose of the same in the following manner, that is to say-
First, my will is that all my Just debts be punctually paid,
Secondly, I lend to my beloved wife, Sarah Cook, during her lifetime or widowhood, all the four tracts of land attached to the plantation whereon I now live, together with houses and all and singular the premises whereon I now live, said land containing by estimation four hundred and Twenty-six acres (more or less), and also the following negroe Slaves, to wit, Simon, Solomon, Nanney and Peter and also all my household and kitchen furniture and all my plantation tools to her, and to be at her own disposal also all the stock of horses, cattle, hogs, sheep, etc., to remain on the plantation for the use and benefit of her and the rest of the family which may continue with her, so long as they may continue with her and to continue to be at her own disposal during the said term of her natural life or Widowhood.
Thirdly, I give and bequeath to my beloved son John Cook in addition to what I have heretofore given him, the sum of Fifty Dollars to be paid to him by my Executors out of my Estate.
Fourthly, I give, devise and bequeath to my daughter Mary Conner in addition to what I have heretofore given her, the sum of Fifty Dollars to be paid to her by my Executors.
Fifthly, I give, devise and bequeath to my beloved daughter Elizabeth McGillvary, one hundred and Eighty seven and a half acres of land, situate in Marlborough District, including the plantation whereon she now lives, and two negro Slaves named Mary and Christian & also her son Ben, to her and to the heirs of her body forever.-
Sixthly, I give, devise and bequeath to my beloved son, James Cook, one half of the tract of land lying on the dry branch, containing Four hundred and fifty acres (more or less) and also one Negro boy named Bill, and one negro girl named Flora, to him and his heirs forever.-
Seventhly, I give, devise and bequeath to my beloved son Thomas Cook, the remainder or other half of the above mentioned Tract of land on said Dry Branch, and also my two negro Slaves, a boy named Silas and a girl named Winny to him and his heirs forever.-
Eighthly, I give, devise and bequeath to my beloved Daughter Sarah Covington, One hundred and Eighty seven acres and a half of land, or one fourth part of that Tract of land whereon Archibald McGillvary now lives and also one negro woman, Violet, together with all her increase to her and to the heirs of her body forever. -
Ninthly, I give, devise and bequeath to my beloved daughter Jincy Thomas, one fousrth part of the tract of land whereon Archibald McGillvary now lives being one hundred and eighty seven acres of land (more or less) and also one negro woman - her increase, and a girl named Milly to her, the said Jincy Thomas and to her heirs of her body forever.-
Tenthly, I give, devise and bequeath to my beloved daughter Nancy Cook, the fourth part of the tract of land whereon Archibald McGillvary now lives being one hundred and eighty seven and a half Acres of land (more or less), and also one negro girl named Lydia with all her increase and a Boy named Wilson, to her the said Nancy Cook and to the heirs of her body forever.
Eleventhly, I give, devise and bequeath to my beloved son William Cook three negro Slaves, To wit, Eloy, Christopher, and a girl named Caroline with the future increase (if any) of Caroline. Also my will and desire is that if it should happen that my said son William should marry before the death of his Mother, that it be at her discretion to divide with him, giving him as in her discretion as may in future suitably accommodate reserving to herself the Dwelling house and other buildings and such part of anything herein above left to her, as she may think proper and I also give devise and bequeath to my said son William Cook, to be possessed by him immediately after the death of my wife the whole of my land, Houses and Plantation whereon I now live, to him and to his heirs forever.
And I do hereby constitute and appoint my beloved wife Sarah Cook, Executrix, my sons James Cook, Thomas Cook and William Cook, and my sons-in-law Archibald McGillvary, Thomas Covington and Lewis Thomas Executors, to this my last will and Testament. In Testimony whereof I have hereunto set my hand and Seal this eleventh day of January in the year of our Lord One thousand eight hundred and twenty six, and in the Fiftieth Year of American Independence.Signed, Sealed, published and declared by the within named James Cook as and JAMES COOK for his last will and testament in (SEAL) presence of us who by his request and in his presence and in the presence of each other subscribe our names as Witnesses thereto
Recorded in Will Book A., Pages 183-184 Recorded May 5th, 1832 Recorded by Wm. Easterling, Ordy., M.D. Case I Box 22
Certified a True Copy Walter M. Newton Judge of Probate for Marlboro County 3, Bennetsville, South Carolina
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