Contributed by Don Geary, 17 March 2000
Thomas STUBBS b. abt 1769, son of John STUBBS and Rebecca CONNERS
--Don GearyWILL 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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