Will of Robert G.W. HODGES, 1861

Contributed to Marlboro County SCGenWeb by Ruby Campbell, 11 Apr 2000

Will of Robert G. W. Hodges
I Robert G. W. Hodges of the State of South Carolina and District of 
Marlborough, do hereby make, ordain and declare this my last will and 
testament, hereby revoking and making void all former wills made by me at any 
time.
First: --- It is my desire that all my just debts be paid in such manner as 
will consist with the rights of creditors and the interest of my estate.
Item second: --- I give devise and bequeath to my two sons Thaddeus C. Hodges 
and Lemuel Hodges and to the survivor of them, his or their heirs forever, 
all the Pine Land I possess on the east side of the Pocosin Swamp, also the 
following Negroes, Old Kate, Beatrice, Hester, Betty. Hetty   Little Kate, 
Steve and Jack them and their increase, also the the whole of my plantation 
stock, consisting of horses, cattle, and hogs, reserving such a part of the 
cattle as will be mentioned in another clause below,  the whole of the above 
described property to be in trust, never the less that my said trustees 
permit my wife Elvira G. W. Hodges to have the use and enjoyment of the same, 
sole and separate from any other, without being in anyway subject to her 
debts and contracts for and during her natural life.   I also require my said 
trustees to pay annually to my said wife the sum of one hundred dollars out 
of the interest of a fund mentioned below,  this provision in money, and the 
use of property, to be in lieu and in full satisfaction of her clam of dower 
out of my estate.
Item third: --- I give and bequeath to my wife Elvira G. W. Hodges a Negro 
man named Jordan to her and her heirs forever.
Item fourth :--  I give and bequeath to my two sons Thaddeus C. Hodges and 
Lemuel Hodges, the Ezra Harper place, which was conveyed to me by my son 
George Hodges and also the six head of cattle which he bought of Ezra Harper 
at his (Harpers) sale, also my land in the Pocosin Swamp and west of said 
swamp, also a Negro girl named Daphine and her increase, also the Bonds, 
Notes and accounts due to me from Peter Johnson, or from any other, and all 
residue and remainder of my estate after the payments of my debts and burial 
expenses, the whole in trust, never the less for the following uses and 
purposes- that is to say, that they hold the Ezra Harper place and the cattle 
above mentioned for the sole and separate use of  Charlotte W. Hodges, wife 
of my son George Hodges during the term of her natural life, and at her death 
that they convey the same property to the lawfully begotten children of the 
said George Hodges, equally: -
That the said trustees permit my daughter Sarah C. Hodges to have the use 
possession and enjoyment of the said Negro girl Daphine and her increase, 
sole and separate from any other, during her natural life, and at her death 
they convey the said property to her child or children, if any surviving her, 
to be equally divided among them, 
That the said trustees  sell  on such credit as may seem most advantageous 
and prudent the land in the Pocosin and west of it, the purchase money to 
well secured in bonds with interest payable annually,  That the said trustees 
hold as a fund to be perpetually kept at interest during the life time of all 
my children, namely George Hodges, Thaddeus C. Hodges,  Lemuel Hodges, Henry 
Hodges, Sarah C. Hodges, Mary E. Hodges, Rebecca E. Hodges, Catharine Hodges, 
and Martha A. Hodges, the bonds, notes, and accounts due to me from Peter 
Johnson, or from anyone else, the bonds to be obtained from the sale of the 
land in the Pocosin and west of it, also after her death, the land, negros 
and stock devised and bequeathed to them for the use of by my wife during her 
natural life, 
Also, should my daughter Sarah C. Hodges die without issue then living the 
Negro girl Daphine with her increase.
The principal fund to be in no wise subject to the debts or contracts of my 
sons, whether  trustees or beneficiaries, or to  the debts or contracts of my 
daughters, or whom so ever they may marry, :--- That my said trustees, after 
they pay out  of the interest of this fund one hundred dollars annually to my 
wife as above directed, and after they retain their own share of the 
interest, pay annually to each of my children above named an equal part of  
the interest or income of the above described choices in action and property 
real and personal, hereby directing my trustees to adopt some equitable mode 
ascertaining the annual value of what they hold in property. At the death of 
each of my children, I direct the said trustees to ascertain in some 
equitable mode what would be the equal share of such child in the principal 
and interest if the above fund, and to pay such share to his or her children 
who may survive them, to each and equal share, the children of a deceased 
child representing the parent in all the provision of this will: and if a 
child die without issue then living, his or her part to be held by  the said 
trustees for the use of the others as above provided. I desire my said 
trustees , for the satisfaction of all parties who have interest in the mater 
with which they are hereby entrusted to make such annual returns in the 
Office of the Commissioners In equity of Marlborough District as they would 
by law required to do if they held their appointment as trustees from the 
Court of Equity.
Lastly:--- I do hereby nominate , constitute and appoint my two sons George 
Hodges and Thaddeus Hodges Executors of this my last will and Testament . In 
witness  where of, I the said R. G. W. Hodges the testator, have here unto 
set my hand and seal, the tenth day of July and in the year of our lord one 
thousand eight hundred and sixty one.------
Signed and sealed by the said R.G.W. Hodges the tester, in the presence of 
each other, have hereunto subscribed our names as witnesses,

Peter Johnson
G.M. Harper
Dr. N. T. McLeod  ?
Recorded in Book, Record of Wills
Page 393--  Jan 9, 1862                                            A.N. 
Bristow      O, M, D.  

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