Robert G.W. HODGES, 1861
Contributed by Ruby Campbell, 11 Apr 2000Will 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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