Will of Thomas STUBBS

Contributed to Marlboro County SCGenWeb by Don Geary, 17 March 2000

Thomas STUBBS b. abt 1769, son of John STUBBS and Rebecca CONNERS
--Don Geary

WILL OF THOMAS STUBBS

The State of South Carolina )
Marlborough District        )
                                I Thomas Stubbs Ser. Of the district
and State aforesaid, do make and ordain the following as my
Last will and Testament.

1st.   I give and bequeath to my daughter Rebecca wife of Poter
Hubbard, and to her heirs forever, one negro boy named Collin
now in her possession.

2nd.   I give and bequeath to my daughter Honor, wife of William
Hubbard and to her heirs forever, one negro boy named Henry
who is now in her possession.

3rd.   To the children of my deceased daughter Tabitha who
married Anderson Whicker, I give and bequeath one negro girl
named Sarah and her increase, to them and their heirs forever,
which said girl I have heretofore given to said children by
deed of gift.

4th.   To my beloved wife Lucy Stubbs (in case she survives me)
I give and devise the tract of land on which I now reside,
containing one hundred acres more or less, also one other
tract adjoining the above containing thirty acres more or less
that I bought of William Fields, during her natural life, or
widowhood: and if my said wife Lucy so surviving shall  at the
 time of her marriage or death leave one or more children of
my body then I give and devise the said tracts of land to
 the said child or children so living, to them and their heirs
forever: but if my wife Lucy should die leaving no issue
of my body, or marry, then it is my will and desire that the
said tracts of land be sold by my executors and the money arising
therefrom, be equally divided among my surviving children, the
issue of any deceased child taking the share of any of my
children who may be then dead, except the share of my son Thomas
Stubbs, I will and direct to be appropriated, applied, and




Will of Thomas Stubbs Sen.   Page  2

disposed of in the same manner and with the same limitations,
as is directed with the respect to his distributive share of
the proceeds of the Sales of my other lands and personal
property, by the sixth clause of this will.

5th.   I give and devise to my friend Holden W. Liles, one hun-
dred acres of land whereon my son Thomas Stubbs Jr. now lives-
composed partly of the Bowyer tract, and partly of the Terrel
tract (over) In trust nevertheless, to permit my said son
Thomas Stubbs Jr. to use and enjoy the same, to his sole and
 separate use, without rendering an account of the rents and
profits, during the term of his natural life, and after his
death to convey the same to the children of the said Thomas
Stubbs Jr. lawfully begotten that may be living at the time  
of his death to them and their heirs forever, and should he
die, leaving no heirs lawfully begotten surviving him, I
give the said tract of land to the said Holden W. Liles, in
trust to permit my daughter Lucy Ann Goodwin to use occupy
and enjoy the same during her natural life and after her
death to convey the same to the heirs of her body, to them
and their heirs forever, should she die leaving no such heirs,
then the said trustee to divide the same equally among my sur-
viving children the issue of any deceased child taking the
share of any of my children who may then be dead.
6th.   All the rest of my property real and personal (except the
negroes) consisting of various tracts of land, together with
my stock of horses, cattle, hogs, farming utensils, corn, fodder,
and other property of every description whatever, I desire my
executors, hereafter named to sell upon the most advantageous
terms, and I hereby give them the necessary power for that
purpose, and request them, from the proceeds of such sale, as
also all monies that may be on hand at the time of my death,
and that may be collected from all debts due me, first to pay
all my debts, funeral expenses and legacies specifically
named, and secondly that they divide the balance equally among



                           Will of Thomas Stubbs     Page 3

my surviving children, the issue of any deceased child taking
the share of any of my children who may be then dead except
the share of my son Thomas Stubbs. I desire my executors to
retain and invest the same in some secure fund, or safe
securities and pay the interest thereof annually to my said
son Thomas during his natural life, and should he die leaving
issue lawfully begotten, then that they secure the principal
to be paid to such issue on their arriving at lawful age to
receive the same as well as the interest  annually for the
maintenance & education, and in case me said son Thomas should
die leaving no such issue, then my said executors are desired
and (over) and directed to continue the principal sum so se-
cured: and pay the interest in like manner annually to my
daughter Lucy Ann Goodwin during her life. Should she die
leaving a child or children living at the time of her death, in
that case I give and devise the principal and accruing interest 
of said sum to them and their heirs forever: should my said
daughter Lucy Ann die leaving no such issue, my will and desire
is that the sum be equally divided among my surviving children,
the issue of any deceased child taking the share of any of
my children who may be dead.

7th.   The negroes that I may possess at the time of my death
and which are not herein otherwise disposed of, my will and
desire if that they be equally divided among all my children,
and my wife Lucy Stubbs share and share alike, the child or
children of such of my children that may be dead taking the
share that their parents would have taken had they been alive.
The share of my wife Lucy neverthe less determinable upon her
death or marriage and in such case reverting to my children
and divided among them as herein before named, and if my said 
wife Lucy at the time of her death or marriage shall have a
child or children of my body then such child or children
to take an equal share with the rest of my children by former
marriage, except the share of my son Thomas Stubbs Jr.. I



Will of Thomas Stubbs    Page  4

give and devise unto my aforesaid friend Holden W. Liles in
trust nevertheless, that he permit my said son Thomas to use 
and enjoy the same to his sole and separate use without rendering
any account of the hire and profits during his natural life,
and after his death to take the same course and subject to the
same trusts and limitations as is contained in the fifth
clause of this my last will and testament in relation to the
tract of land on which he now resides.
8th.   I give and bequeath to Lewis, Mary Ann and Clarisa the
children of my son Benjamin Stubbs deceased the sum of one hun-
dred dollars each to be paid to them by my executors respectively
as they arrive at the age of twenty one, or the females marry
and should any of said children die before attaining that age
the share of such as may so die be equally divided among the 
survivors.
9th.   As to my household furniture my will and desire is that
(over) it be equally divided among my wife Lucy and my
daughters that are living, share and share alike.
10th.  And lastly I do nominate constitute and appoint my
friends John Terrel and Ebenezar W. Goodwin executors to this
my last will and testament, hereby revoking, annulling, and
making void all former wills or bequeaths by me heretofore
made and declare this to be my last will and testament.
          In witness whereof I have here unto set my hand and Seal
this Sixth day of April in the year of our Lord one thousand
Eight hundred and forty seven.
                                            his
      				   Thomas    X   Stubbs	
	   				   Mark	

        Signed sealed published and declared
By the above named testator Thomas
Stubbs to be his last will and test-
Ament in the presence of us who
Have hereunto subscribed our names in
The presence of the testator.                                  Recorded in Will Book A
                                                               June 21st 1847
 John Jones                                                    Page 258  Case 1  Box 27
 Philip Odom                                                   Jos, David, Ord., M.D.

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