Will of James W Durham, South Carolina

Date: [unknown] [unknown]
Location: Spartanburg, South Carolina, United States

Will of James W. Durham of Spartanburg, South Carolina, 20 May 1875. Proved 8 Jan 1894. Spartanburg Will Books Vol. G-H (1887-1898), pp. 115-120.

The State of South Carolina In the name of God Amen. I, James W Durham of Spartanburg County in the state aforesaid, being of sound and disposing mind, memory and understanding, conscious of the uncertainty of life, do hereby make, constitute, publish and declare this my last will and testament in manner and form following, that is to say

Item First: I give, devise and bequeath to my two daughters Louisa A. McCravy, wife of John McCravy, and Nancy (sic) Durham all of my tract of land situated in Spartanburg County, South Carolina on [the] waters of Enoree River and South Northerry Creek, and known as the Crow Place. Also all of my tract of land situated in Laurens County, South Carolina about eleven miles above Laurens Court House on the Stage Road, and known as the Grimes Place. To have and to hold the two said tracts of land, share and share alike to them and their heirs forever.

Item Second: I give and bequeath to my daughter Nancy Durham one bedstead and bedding, one bureau and my double dining table to her and her heirs forever.

Item Third: I give, devise and bequeath to Dorcus Durham and her children Davis S. Durham, Harriet McElrath, Willis Durham, Jacob J. Durham, Henry Durham, Medora Durham, Asberry Durham, George Durham, and Boyce Durham, all of my tract of land situated in Spartanburg County, South Carolina on Waters of Enoree River and on which I now live, including the whole tract, together with all the property of every nature whatsoever which may be on the place, at the time of my death. Except as herein before bequeathed in the Second. To have and to hold the same, share and share alike to them and their heirs forever. And in case any of them should die during my lifetime, leaving children, then said children shall take the share to which the parent would have been entitled if living. And in case any of them should die during my lifetime leaving no children, then his, her or their share shall be equally divided amongst the survivors. But this devise and bequest is only upon condition that the said Dorcus Durham, David S. Durham, Harriet McElrath, Willis Durham, Jacob J. Durham, Henry Durham, Medora Durham, Asberry Durham, George Durham and Boyce Durham or the survivor or survivors of them with the children of any who may die during my lifetime shall and do pay or cause to be paid to my executor hereinafter named the sum on one thousand dollars within one year after my death, with as much more as they are able to pay during said year, and during each succeeding year thereafter, the sum of two hundred dollars, with as much more as they are able to pay during each year, until they have paid for said property the sum of six thousand dollars. And in case said parties shall neglect or fail to make any of said annual payments or any part thereof, said property is not to be thereby immediately forfeited, but said annual payment or payments so unpaid, or any balance shall bear interest. And in case said parties or any of them shall pay said interest and the said six thousand dollars within the time herein limited, to wit twenty-six years after my death, then said property is to be theirs absolutely.

Item Fourth: In case any one or more of the devisees and legaties named in the third item of this my last will and testament should not desire to take anything under said item, then it is my will and desire and I do hereby direct that the remainder of said devisees and legaties be allowed to take the property otherly devised and bequeathed upon its terms and subject to the limitations and conditions otherwise set forth, and upon the further condition of paying to each one remaining the sum of fifty dollars, per annum until each one shall have received the sum of five hundred dollars, which to be in full of his or their interest in my estate.

Item Fifth: It is my will and desire that the sums of money paid to my executors in accordance with the third and fourth items hereof be by them equally divided between my two daughters Louisa A. McCravy and Nancy C. Durham.

Item Sixth: I hereby nominate, constitute and appoint my friend Perry Westmoreland Esq. executor of this my last will and testament. And in case he refuses to accept the appointment, then it is my will and desire that my friend Dr. John Westmoreland shall execute the same. Witness my hand and seal this twentieth day of May in the year of our Lord, one thousand eight hundred and seventy-five.

The words “during the twenty-six years therein mentioned” on the fourth page were erased before the execution and the word[s] are on second page. James W Durham {seal}

Signed, sealed, published and declared as his last will and testament by James W. Durham, and we in his presence and in the presence of each other, and at his request do hereunto sign our names as subscribing witnesses unto: W.H. McDaniel, T.W. Davis, G.G. Wells

The foregoing and within instrument of writing was this day proven before me by the evidence of G.G. Wells a subscribing witness to the same and for the last will and testament of James W Durham, deceased. And ordered of record given under my hand and seal this 8th day of January 1894. W.S. Thomason {seal}, probate judge

I do solemnly swear that this writing contains the true last will of the within named Jas W Durham, deceased as far as I know or believe, and that I will well and truly execute the same by paying first the debts and then the legacies contained in the said will a far as his goods and chattels will thereunto extend and the law charge me and that I will make a true and perfect inventory of all such goods and chattel. So help me God. C.P. Westmoreland.

Sworn and subscribed before me this 9th of January 1894, W.S. Thomason {seal} Probate Judge. ^[1]

On 24 Feb 1895, a Probate record of Spartanburg County, South Carolina reported that "[t]he Devises and Legaties under the will of Jas W Durham decd hav[e] compromised and settled all matters between them in reference to the real estate."^[2]

Research Notes

• Evidence that James W Durham is both father and enslaver of the children of Dorcas Durham: According to an 1887 book, Men of Mark: Eminent, Progressive and Rising, one son, Rev. J. J. [Jacob J.] Durham, was born on 13 Apr 1849 near Woodruff, Spartanburg, South Carolina to a wealthy White farmer, James W. Durham, and Dorcas Durham, an enslaved person in his household. Jacob was held as a slave by his father.^[3] Presumably , Jacob's siblings were also enslaved, as none of the children, nor Dorcas, appears in the 1850 or 1860 census, and all were expected to pay his daughters for the privilege of owning the home property after James Durham's death.
• Nancy Durham, in her father's will, is actually Caroline W. Durham Floyd, daughter of James W. Durham and Nancy Tucker. Where she is designated as "Nancy C." in the will, perhaps the reference means "Nancy Caroline," combining her name with that of her deceased mother.^[4]
• A summary of his will states that it was initially filed on 3 Jan 1894, which suggests he died in December 1893, rather than January 1894.Media

Sources

1. ↑ Probate: "South Carolina, U.S., Wills and Probate Records, 1670-1980"
   Will Books; Author: South Carolina. Probate Court (Spartanburg County); Probate Place: Spartanburg, South Carolina
   Ancestry Record 9080 #74541 (accessed 19 October 2023)
2. ↑ Returns books, 1836, 1840-1900: "South Carolina Probate Re... Bound Volumes, 1671-1977"
   Catalog: Returns books, 1836, 1840-1900 Returns books, v. (L) 1893-1897, p. 125
   Image path: South Carolina Probate Records, Bound Volumes, 1671-1977 > Spartanburg > Returns book, 1893-1897, Vol. L > image 82 of 377; citing Department of Archives and History, Columbia.
   FamilySearch Image: 939L-JV95-WP (accessed 20 October 2023)
3. ↑ Men of Mark: Eminent, Progressive and Rising, William J. Simmons, 1887, pp. 878-882; https://archive.org/details/menmarkeminentp00turngoog/page/n1000/mode/2up
4. ↑ Death Registration: "South Carolina, U.S., Death Records, 1821-1971"
   South Carolina Department of Archives and History; Columbia, South Carolina; South Carolina Death Records; Year Range: 1925-1949; Death County or Certificate Range: Spartanburg; Certificate Number: 001474; Volume Number: 3
   Ancestry Record 8741 #299647 (accessed 19 October 2023)