David STEWART, 1811
Contributed by Victoria Proctor, 10 March 2001IN THE NAME OF GOD AMEN: I David Stewart of the State of South Carolina and District of Marlborough, being sick and weak in body but of sound and disposing mind memory and understanding praised be God for the same, do make, declare this my last Will and Testament in manner and form following: First. My body I recommend to the Earth, to be buried in a plain decent Christian burial at the discretion of my Executors and my soul I recommend to Almighty God who gave it, and as touching my worldly Estate with which it hath pleased God to bless me, I do devise and dispose of in the manner and form following that is to say, First I recommend, that all my just debts, funeral expenses etc be paid as soon as convenient after my decease. Secondly. I give and bequeath unto my beloved Brother Hardy Stewart Three hundred dollars, to be raised and paid to him his heirs & assigns by my Executors, immediately after the decease of my wife. Thirdly. I give and devise unto my beloved sister Elizabeth Harlee her heirs and assigns the sum of three hundred dollars, to be also raised & paid out of my Estate and paid by my Executors immediately after decease of my wife. Fourthly. I give and devise unto my nephew Thomas Cottingham his heirs etc. the sum of ten dollars to be raised out of my Estate & paid by Executors immediately after decease of my wife. Fifthly. I give and devise unto my nephew Jonathan Cottingham his heirs & assigns the sum of forty dollars to be raised and paid in the same manner and form as the above mentioned legacies. Sixthly. I give and bequeath unto my beloved wife Setia Stewart all the land & premises, including the house and plantation where I now reside which is estimated at eighteen hundred acres, together with all the rest, residue and remainder of my Estate which is not heretofore disposed of, of every description, both personal and real, including money and my stock of horses, cattle, hogs, sheep and farming utensils, household & kitchen furniture of every description for her to dispose of at her own discretion. Lastly. I do hereby nominate constitute and appoint her my said wife Celia Stewart sole Executrix and Nathan Thomas, Esquire & Capt. Hugh McLaurin, and Daniel McIntyre Executors of this my last Will and Testament hereby revoking & making void all and every other Will & Wills at anytime heretofore by me and do declare this to be my last Will and Testament. In Witness whereof I said David Stewart have hereunto set my hand & seal this Sixteenth day of March in the year of our Lord one thousand eight hundred and eleven. DAVID STEWART. Signed, Sealed & published by the above named David Stewart as his last Will & Testament. In the presence of us who at his request and in his presence have subscribed our names as witnesses thereto. The above erasments & interlinations therein being first made namely the word my soul I recommend and erased, the word "her heirs and assigns" interlined, the word "unto" interlined, the word "of" erased, the word "constitute & appoint" interlined and the word "myself" erased before Signed JAMES COOK JOHN SANDY THOMAS WM. BRISTOW. SOUTH CAROLINA MARLBOROUGH DISTRICT. By William Easterling Esq. Ordinary of said District. Personally appeared before me William Bristow Esq. James Cook & John Sandy Thomas, who being duly sworn on'the Holy Evangelist of Almighty God, doth make oath and say that they saw David Stewart sign seal publish, pronounce and declare this same to be and contain his last Will and Testament, that he the said David Stewart was then of sound & disposing mind, memory and understanding, to the best of the deponents knowledge and belief and that they the said William Bristow, James Cook and John S. Thomas did sign their names as wit.nesses thereto at the request of the Testator in his presence and in the presence of each other. At the same time qualified Celia Stewart, Executrix and Nathan Thomas Esquire and Hugh McLaurin, Esq. Executors. Given under my hand this eight day of April in the year of our Lord One thousand eight hundred and Eleven. Wm. EASTERLING, Ordinary of Marlboro County. Recorded Will Book 4, pages 64 and 65 Judge of Probate's Office Marlboro County, S. C.
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