Contributed by Victoria Proctor, 18 Aug 2005
(Note: emphasis added for convenience of researchers. -- vp)
The State of South Carolina
I, Simon Smith, of the District & State aforesaid, do make and ordain the following as my last will and testament, revoking all others heretofore made.
First. I desire that my lands whereon I now live, be divided into two equal parts by my Son William R. Smith, and that he give the choice thereof to my daughter Nancy, the wife of Charles T. McRae -- and I devise to her and the heirs of her body, the part so selected, the other part, I give and devise to the Said William R. Smith.
Secondly. I bequeath to Said Nancy McRae all my household and kitchen furniture.
Thirdly. All the Cash on hand left at my death, and outstanding debts due to me, I give and bequeath in equal shares to William R. Smith and Nancy McRae.
Fourthly. The remainder of my property of all description whatsoever, I give and bequeath in equal shares to my children William R. Smith, Nancy McRae and Jane Covington, the wife of Henry Covington.
Fifthly. These legacies are given on the condition, that my aforesaid children shall and do provide a Comfortable maintainance for my afflicted wife Isabella, during her natural life, and in lieu of any claim on her part, to dower the lands above devised -- charge on their legacies, to that extent to take care of her, and if possible, to keep her under their charge and however intending hereby to release the share given to Jane Covington from contribution for this purpose, but that it shall be charged in the same manner as the shares of William R. Smith and Nancy McRae.
Sixthly. My Sons George Smith and John I. Smith, having already been sufficiently provided for, So far as my property enabled me to do, are excluded from any further Shares in my estate.
Seventhly. My will and desire is, that if in the division of
WILL OF SIMON SMITH PAGE TWO
my estate according to the intentions above exposed, any negro or negroes should fall to the shares of Nancy McRae or Jane Covington that my said daughters respectively shall have but a life estate in the Same, with remainder to their children living at the time of their deaths respectively.
Eighthly. In the division of negroes, my will is, that my executors hereinafter named, or a majority of them shall make it that my daughter Nancy shall have first choice of the Shares. It is also my will that my executors Shall make any other division indicated by the above clauses, except that relating to the land.
I appoint William R. Smith, John L. McLaurin, John A. McRae, and Lauchlin McLaurin, the executors of this my last will and testament.
SIMON SMITH (Seal)
Signed Sealed, published and declared to be the last will and testament of the testator who signed his name thereto in our presence, and in the presence of each other, this the 11th day of April A.D. 1853.
Given under my Hand this ninth day of February 1857.
Recorded in Will Book A, Pages 390, 391
Recorded [date not given]
Recorded by [name of Ordinairy not given]
Case 1, Box 33
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