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Transcribed Will of Capt. Joseph Bixby

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Will Of Joseph Bixby (1780-1821)

Source

Probate: "South Carolina, U.S., Wills and Probate Records, 1670-1980"
Wills and Miscellaneous Probate Records, 1671-1868; Author: Charleston County (South Carolina). Probate Judge; Probate Place: Charleston, South Carolina
Ancestry Sharing Link - Ancestry Record 9080 #1647 (accessed 21 July 2022)
Joseph Bixby probate on 20 Jun 1821.

  • 20 Jun 1821 Charleston, SC, USA. Signed by Joseph Bixby and witnessed by William Calder, George Forbes and Benjamin Waterhouse.

Transcribed Text:

The State of South Carolina. In the name of God Amen. I Joseph Bixby late of Camden County State of Georgia but now of the city of Charleston State aforesaid, considering the uncertainty of life and being Sick in body but of sound and disposing mind and Memory, thanks to Almighty of the same, hereby revoking all other wills by me at any time heretofore made, do make publish and declare this my last will and testament in manner and form following to wit.

First it is my will and desire that all my just and lawful debts be paid out of my personal property except negroes, furniture and my wearing apparel, should the debts due and owing to me not be sufficient to pay all my lawful debts-then it is my will and desire that my share in the plantation commonly called "Woodbine" on the great Satilla River together with my share of the negroes thereon should be held and retained by my executors and that the income arising therefrom after the payment of expenses be appropriated to the payment of my lawful debts until they are extinguished. It is my will and desire that as soon as the income arising from my share of the plantation and negroes aforesaid is sufficient to pay all my lawful debts that then that my share of the said plantation and negroes be sold and that proceeds of the sale to be applied and distributed as hereinafter directed. And I hereby authorize my executors hereinafter mentioned to sell my share in said plantation and negroes in such term and in such manner as they shall see fit.

It is my will and desire that my negro Simon Joanna and her mulatto child Charles be emancipated and set free as no person ever had the right to hold him in slavery, on application to Mr. Riley of this place, I believe she and her child may be found. It is my wish and desire that the said mulatto boy Charles should be sent to school until he has acquired a tolerable English education in reading writing and arithmetic and then be bound out to some good trade for seven years or until he understands the business he is put to, and at his arriving at the age of twenty one years, I will and bequeath to him the sum of one thousand dollars.

I will and bequeath to my brother John Bixby my gold watch and to my executors herein after named all my furniture, wearing apparel books and trunk.

After the foregoing has been complied with, I will and bequeath all the rest and residue of my estate to my brother John Bixby and to my sisters Patty Munroe Mary Thorndike Julia Mulliken Deborah Eliot and Keziah Bixby to be equally divided among them share and share alike and in event of the death of my said brother or sisters, or either of them, then and in that case I will and bequeath to their child or children the same share that their parent would be entitled to if living, and it is my will and desire that such share shall be retained by my executors and converted into some appropriate stock and continued there until they arrive at the age of twenty one or marry except so much as may be necessary for their education and support.

Lastly I hereby constitute and appoint my brother John Bixby my brother in law John Eliot and John King executors of this my last will and testament. In witness whereof, I have hereunto set my hand and seal this twentieth day of June in the year of Our Lord One Thousand Eight Hundred and twenty one....John Bixby.

Signed sealed and declared by the Testator as and for his last will and testament in presence of us who at his request in his presence and in the presence of each other have subscribed out names as witnesses thereunto...William Calder George Forbes Benjamin Waterhouse

My not having mentioned my mother and she that was my sister in law Maria F. Bixby was not for want of respect to them, my mother has I believe sufficient to support her for life and I have heard since I arrived here that Maria F. Bixby is married therefore she does not require anything from me. She never mentioned to me that she was to be married and of course had made up her mind to have no further intercourse further than business.

Proved before James D. Mitchell Esquire O. C. D. T. June 29th 1821. At the same time qualified John King Executor, March 31st, 1831, qualified John Eliot Executor.

Recorded in Will Book-F 1818-1826

Recorded on Page 316





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