Will of David STEWART, 1811

Contributed to Marlboro County SCGenWeb by Victoria Proctor, 10 March 2001

"This Will was found among a stack of old typescripts and I do not have the 
appropriate Will Book reference.--Victoria"

IN 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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