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Will of Nathan Boddie Sr

Privacy Level: Open (White)
Date: 12 Aug 1841 to 15 Nov 1841
Location: Edgefield, South Carolina, United Statesmap
Surnames/tags: Boddie McCarty
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Contents

Will and Probate

Nathan (or Nathaniel) Boddie Sr wrote his will just three days before he died. There are a number of clues to who the members of his family were at the time of his death and the extent and location of his assets.

Will

Proved November 15m 1841

Oliver Towels O*E.D.

WILL OF NATHAN BODIE

I, Nathan Bodie Senr. being weak in body, but of sound mind and disposing mind and memory, do make and ordain the following as my last will and Testament, hereby revoking all others. viz.
First I direct that my Executors do pay out of my Estate, or out of what may be due me all my just debts.
Second I give, devise, and bequeath to my wife if she survive me out of the Sales of my Estate the sum of jour hundred dollars and also all the property which I got by her upon our marriage- this provision to be in lieu of all claim of dower or otherwise upon my Estate.
Thirdly I give and bequeath to my two younger children Michael and Elizabeth Bodie nine hundred dollars that is to Michael four hundred and Elizabeth five hundred dollars to be paid them by my Executors or Administrators previous to making any distribution among the Balance of my children.
Fourth, I give, devise and bequeath all the rest and residue and Remainder of my Estate real and personal to my children share and share alike, the child to take the share of the parent who may die except those I shall hereafter Mention- which is Felix body to have one hundred and thirty dollars lefs than his share which sum shall be equally divided between the balance of my children- And Wiley Bodie to be paid by my Executors or Administrators to sum of five dollars, and no more of all my estate.
In Testimony Whereof I have hereunto set my hand and Seal this the 12th day of August 1841. Nathan Bodie (L.S)
Signed Sealed and Acknowledged by Testator in presence of Wm. S. Mobley, Hugh Neal, Henry H. Hill[1]

Probate

The State of South Carolina Edgefield District To the Honorable Chancellors of the said state:

Humbly complaining shew unto your Honors, your Orators Nathan Boddie, Alexander Gregory and his wife, Mary, Thomas Bartley and Hannah his wife, Lewis Herlong and Rhoda his wife, Joseph Boddie, Michael Boddie, Elizabeth Boddie, William M. McCarty, Alsey McCarty, Wilson McCarty, Tillman McCarty, Mary Ann McCarty, Martha McCarty, Elizabeth McCarty, Felix E. Boddie, and Epsy Boddie, which said Michael Boddie and Elizabeth Boddie are minors, and do hereby (shew) the said Nathan Boddie as their Guardian ad litem and which said Wilson, Tillman, Mary Ann, Martha and Elizabeth McCarty are also minors and sue hereby the said Alsey McCarty as their Guardian ad litem.
That Nathan Boddie, Sr., late of the District and state aforesaid and departed this life on the 8th day of November, 1841, leaving his last will and testament only executed and unrevoked a copy of which is hereby filed as exhibit A. That the Testator by his last will and testament, after certain specific devises and bequeaths gave all the rest, residue and remainder of his estate real and personal to his children share and share alike and provided that the children of any deceased child should take the share of their parents with certain exceptions herein mentioned which are as follows, to witt: That his grandson Felix Boddie should receive one hundred and thirty dollars less than his share and that that sum should be equally divided between the balance of his children, and that Wiley Boddie, another grandson, should receive five dollars and no more of all his estate.
Testator died seized and possessed of the following bodies of land viz: one of one-thousand acres more or less situate in the district and state aforesaid on Clouds Creek, Waters of Saluda River composed of several parcel or tracts of land, all however adjoining each other and bounding lands of James Whittle, Zachariah Miller, William Whittle, William Magee, Ambrose Whittle, Precious Lark, and Sarah Stark, and other of eighteen acres more or less in the district and state aforesaid adjoining lands of Zachariah Miller and the estate of David Bodie, deceased.
The Orators further shew unto your Honors that the said lands are subject to distribution under the will of the Testator in the following manner: One share thereof to your Orator Nathan Bodie, a son of the testator, one share to Mary Gregory, a daughter of the testator, one share to Hannah Bartley, a daughter of the testator, one share to Rhoda Herlong, a daughter of the testator, one share to Joseph Bodie, a son of the testator, one share to Michael Bodie, a son of the testator, one share to Elizabeth Bodie, a daughter of the testator, one share to the said William M., Alsey, Wilson, Tillman, Mary Ann, Martha and Elizabeth McCarty, children of the predeceased daughter of the testator, Mahala McCarty, one share to Felix E. Bodie, and Epsie Bodie, children of David Bodie, predeceased son of the testator, and the other share to Wesley Bodie, the defendant, a son of the testator.
And your Orator shew unto your Honor that they desire to partition to be made of said lands and amongst the devisees aforesaid according to their rights in tender Consideration whereof and for as much as your Orators are without remedy save in the Honorable Court where such matters are alone cognizable. To the end thereof that the said Wesley Boddie may answer the matter herein stated and charged that your Honors may grant your Orators your writ of Partition and such other relief as in the premised may seem meet. May it please your Honors to grant your Orators your writ of Subpoena directed to the said Wesley Boddie requiring him to please answer or demur to the bill.
Griffin and Burt, Comprs. Sols (No date given)

( Wesley Boddie answers November 15, 1841 and consents for the land to be sold.) In Equity. Package No. 584.

Research Notes

The wife listed in this will does not appear to be Elizabeth (Warren) Boddie and a second wife has not yet been added to Nathan's profile. The "younger children" mentioned, Elizabeth and Michael Bodie, probably the children of this later wife, are also undocumented.





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Categories: Wills and Estates