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Will of William Heath, Sen. Chester County, South Carolina

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Date: 22 Sep 1824 to 3 Sep 1825
Location: Chester, South Carolina, United Statesmap
Surnames/tags: Heath USBH Slavery
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Will Date: 22 Sep 1824 Codicil Date: 3 Sep 1825

In the name of God, amen. I William Heath, Sen. of the state of South Carolina and the district of Chester, being in my ordinary state of health of body and of sound & disposing mind, memory and understanding for which I have reason to thank God, yet calling to mind the mortality of my body and from the advanced period of my life, believe it incumbent on me to settle my worldly affairs do make, ordain and constitute this as my last will and testament.
  • Item 1: I give and recommend my soul into the hand of Almighty God that gave it & my body to the dust from whence it came to be buried in a Christian manner at the discretion of my executors.
  • Item 2: I lend Thomas Houze one negro girl named Sindella Heath until she is twenty-one years of age then to revert to Adam Heath in trust for Ozburn Russle, but if any causuality should take place to the Russle should not get the possession of said girl, he shall have no recourse on the balance of the legacy to any other person herein named as legatees or in my estate.
  • Item 3: I lend Jesse Clifton one negro boy named Ben until he is twenty-one years of age then to revert to my brother Adam Heath or his heirs if he be dead.
  • Item 4: I lend Hugh Allen one negro girl named Silvia until she is twenty-one years of age then to revert to my brother Adam Heath or his heirs in trust for his daughter Patsy.
  • Item 5: I lend my brother, Moses Heath, one negro boy named Henry until said boy is twenty-one years of age and then to revert to my brother, James Heath's son, William Heath and his heirs.
  • Item 6: I lend James Brady one negro boy named Ezekial until he is twenty-one years of age then to revert to William Heath, son of James.
  • Item 7: I give and bequeath to Jincey Heath, daughter of Adam Heath, three negros, Ben the Elder, George and Easter to her and her bodily heirs, and if she should die without heirs of her body, then said negros to be equally divided amongst my other Legatees equally.
  • Item 8: I give and bequeath unto Patsy Heath, daughter of Adam Heath, two negros namely Charles and Davie to her and the heirs of her body & if she should die without bodily heirs, then said negros to be equally divided amongst the surviving legatees and their heirs.
  • Item 9: I give and bequeath unto William Heath, son of James Heath, two negros named Robin and Sam, and his heirs.
  • Item 10: I give and bequeath unto James Heath, son of James Heath, one negro man named Abram, after the death of his mother, Elizabeth, to be his own property.
  • Item 11: I give and bequeath unto Elizabeth Heath, wife of James Heath, deceased, one negro man named Abram and woman named Jenny during her natural life, then said negroes to revert to Adam Heath, with whatever issue Jenny may now or hereafter have.
  • Item 12: I give and bequeath unto Sarah Heath, daughter of Adam Heath, one negro girl named Easter and if said Sarah should die without bodily issue, then to be equally divided amongst my other legatees.
  • Item 13: I give and bequeath and divise unto my brother Adam Heath, all that tract or parcel of land lying in the bend of fishing creek, adjoining lands of Anderson Clifton and Hicklin, commonly called the McKown place, with one half of the Blackjack Plantation being my part of a tract purchased from Jesse Heath.
a. Also five negroes, Patty (an old woman which he must take care of during her life), Dill, Jude, Lim and Cloe.
b. Also all my household goods, except one bed & furniture which I give his daughter, Patsy Heath, in addition to what I have given her above.
c. Also I give one small negro child named John unto my brother Adam Heath.
d. And I hereby will that all my gifts and reversions (Except where it is in trust), shall descend unto the persons named & the heirs of their bodies respectively and where no bodily issue, that the property shall revert to my legatees or their heirs in equal proportion and further the issue of all negro women shall descend with themselves or as they would have done in their life if they should die.
  • Item 14: I give, bequeath & divise unto William Heath, son of James Heath, one plantation or tract of land lying on the east side of fishing creek, bounded on the south by Sleets land on the east, by William Anderson's land on the north, by John Davison's land and west by fishing creek, commonly called Gaston place, containing one hundred acres more or less to him & his heirs, forever.
  • Item 15: I give and bequeath unto my brother, Adam Heath & his heirs, one negro named Elijah which has for sometime been here in Lancaster District.
  • Item 16: I give and bequeath unto my brother, Adam Heath, all my stock of horses, cattle & together with all my bonds, notes and assets and I charge him with the payment of all of my debts of every kind.
  • Item 17: It is my will that if from any causuality or legal manner that any of my legatees should not be able to get possession of their respective legacies, that they shall not come on the others or on my estate to make the same good, nor any part thereof.
  • Item 18: I do hereby nominate, constitute and appoint William Heath, son of my brother James Heath, Adam Heath and his wife Lucy Heath and William Anderson,
Executors of this, my last will and testament contained on a roll of three pieces of paper, in witness whereof I William Heath, Sen, have hereunto set my hand and seal the twenty-second day of September in the year of our lord, one thousand eight hundred and twenty-four and of the independence of the United States forty-ninth year.

Signed, sealed, declared and published by the aboved named William Heath as and for his last will and testament in the presence of us, who at his request, in his presence have subscribed our names as witnesses therit Witnesses:

John McCreary
William Anderson
Robert Cherry
John H McKown
L M Thompson.

Codicil ~ excluded redundant verbosity

  • Amended Items 10 & 11 : After the death of Elizabeth Heath, widow of my brother James Heath and mother of my legatee James, said negro Abram shall be the property of said James Heath and his heirs.
  • Further "elucidation:" I declare that if my brother, Adam Heath, should die before me, that all the property therein willed or devised to him as well as all my other legatees shall descend to his heirs in the same manner as though it has been his own property.
  • I William Heath, Sen, have hereunto set my hand and seal this third day of September, in the year of our Lord, one thousand eight hundred and twenty-five and fifthiet of the Independence of the United States of America.
Witnesses:
William Anderson
William Hicklin
John Allen

Sources

  • 1829; William Heath, Sr., dec; Chester, South Carolina Probate Records, 1828-1830; Vol. J; p.196-197; image 189-190 of 225; FamilySearch




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