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Home Wills, Estate & Probate Records >> 1856 - >> EDWARDS

Transcribed from the original by Victoria Proctor, 2002


The State of South Carolina ) In the name of God Amen I David S. Edwards of
Marion District                   ) the District and State aforesaid being impressed with the shortness of human life and the uncertainty of its duration, and being of sound and disposing mind and memory do make this my last will and testament, hereby revoking all former wills by me at any time heretofore made in manner and form following, to wit:

Item first. It is my will and desire that my body, as soon as practicable, after my death, be buried in a decent and christian like manner and that all my just debts be paid by my executors hereinafter named out of my personal estate not hereinafter specifically bequeathed.

Item Second. I give bequeath and devise to my beloved wife Martha during her natural life or widowhood a tract of land whereon I now reside estimated at about two hundred acres beginning at a pine corner near mink pond and running thence to stake corner on tarkill bed near the corner of the fence, thence Straight line nearly an east course to corner on cherry tree in field, thence near a South easterly direction to lightwood pine corner in field near the head of a bottom, thence north easterly to corner on an Oak by the road side below my dwelling house thence down the lane as it now runs to corner at lower end of Said lane, thence in a northeast course to my back line thence up Said back line to upper corner thence upper line to the beginning corner pine, also two negroes, a boy named Joe and a girl named Peg together with all my household and kitchen furniture, plantation tools all my stock of hogs Sheep and cattle (except a black cow and her calf) a yellow mare and a bay horse and my rockaway, the personal property bequeathed in this clause above to my Said wife Martha is for and during the term of her natural life or widowhood only as the land devised to her above is, and at the death or marriage of my said wife Martha the said land devised to her I devise to my Son William if he be then living and if he be dead to his lawful issue if he have any to survive him and if he be dead without leaving any issue him surviving then to my right heirs at the death of my said wife or her marriage I give the boy Joe to my son Robert if he be then living and if he be dead to the rest of my children and my Grandson George Edwards, the said George to take a share in Said negro equal to the share of any one of my children his uncles and aunts. At the death or marriage of my said wife I give the girl Peg and her increase to my daughters Alice Bryant wife of Solomon Bryant and Emaline Edwards to be divided between them Share and Share alike and if either of my said daughters die without leaving lawful issue then Surviving the moiety to her to be divided equally between my right heirs.

Item 3rd I give to my son William a light cream colored mare and at the death or marriage of his mother I give him all my stock of cattle hogs Sheep household & kitchen furniture and plantation tools horses and rockaway given to her for life or widowhood.

Item 4. To my daughter Alice I give a black xcow and her calf and one featherbed and furniture

Item 5. To my son Cary Edwards I give a note of his dated 7th day of April 1869 for Sixty one dollars due at one day after the date thereof I have already given my son Cary what I consider right and proper.

Item 6th. To my daughter Harriet Moody I give the sum of one dollar. I have allready done for her what I consider right and proper.

Item 7th. To my daughter Sarah Martin I give the sum of one dollar having already done for her what I consider right and proper.

Item 8th. To my Son Andrew A. Edwards I give and devise a tract of land in Horry District between the two bug Swamps known as the Carrol land containing four hundred acres more or less as represented by my papers.

Item 9th. To my daughter Elizabeth Thompson wife of John Thompson xI give his promessory note to me dated 1st day of January 1855 for five hundred dollars due at three days after the date thereof with credits upon Said note as follows "Recvd of the within note thirty two dollars and 10 cents February 5 1855. Recvd of the within note thirteen dollars 59 cents January first 1856. Recvd of the within note Sixty one 37 cents April 1 day 1856. Recvd Nov. 1st 1856 on the within note ninety three dollars. Recvd of the within note fifty dollars March the 3 day 1857"

Item 10th. I give and bequeath to my son Richard Edwards my Blacksmith tools.

Item 11th. I give bequeath and devise to my son David W. Edwards a tract of land near my residence beginning on an oak corner on the road below my house thence running down the land towards the buck swamp as described in Item Second above to my back line in the Swamp thence down my backline till it Strikes Dempsey Cribbs line, thence Saml Cribbs line to the road thence up the road to the beginning corner on the road containing one hundred acres more or less, also the privilege of plantation timber on the land hereinafter devised, also I give him his two promessory notes which I hold, one for twenty dollars and fifty cents and the other for ninety Seven dollars and twenty four besides interest.

Item 12th. To my grand Sons Benjamin F. and Austin N. Edwards I give and devise the rest and residue of my lands not hereinbefore specifically devised Subject to the use of timber as mentioned in Item 12th above Supposed to be about one hundred acres it being the land on which my Son Richard Edwards now lives.

Item 13th. To my daughters Martha Perrit Nancy Perrit and Mary Smith I give each one dollar, I having heretofore done what I consider right and proper for them.

Item 14th. All the rest and residue of my estate of which I may die possessed after paying my just debts and funeral expenses and the legacies hereinbefore mentioned I give and bequeath to my beloved wife Martha.

Item 15th. Lastly I nominate my two sons Richard Edwards and David W. Edwards Executors to this my last Will and testament.

Signed, published and declared as and for the last will and testament of the testator in the presence of us who at the request of the testator and in his presence and in presence of each other subscribe our names to the Execution thereof this twenty second day of February AD 1862.

words marked thus   X
interlined before execution       s/ David S. Edwards (SEAL)

W. W. Sellers
L. M. Edwards
P. A. G. W. Lewis

South Carolina                      By Asa Godbold Esquire
Marion District                     Ordinary of Marion District

Personally came before me L. M. Edwards and made oath that he was present and saw the annexed instrument of writing signed sealed published pronounced and declared by the within named David S. Edwards as his last will and testament and that the said testator was then of sound disposing mind and memory to the best of this deponents knowledge and belief and that W.W. Sellers and P.A.G.W. Lewis were subscribing witnesses with himself thereunto in the Sworn to be fore me

17th August A.D. 1863               L.M. Edwards
Asa Godbold
Ordinary M. D.

Probate Roll # 1397

NOTE: While I did my best to transcribe this Will as written, the photocopy from which I worked was quite worn and faded. As always, please consult the original document. --vp

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