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WILL OF THOMAS MEANS - Nov 1827|
State of South Carolina
In the name of God Amen,
I, Thomas Means of Fairfield District in the state aforesaid being of Sound mind and memory do make this my last will and testament in manner following First it is my will and desire that immediately after my decease a full and perfect inventory and appraisement be made of all my personal estate of every description, including debts due and and owing to me at the time of my decease
Item I authorize my executors hereinafter named to expose to Sale at public auction all such part of my Stock of horses, mules, cattle hogs sheep plantation tools, wagons, carriages, household and Kitchen furniture, and the crop on hand at the time of my decease as in the option of my executors will not be wanting and necessary for convenience of my family or for carrying on the work of the plantation in the manner in this my will hereafter directed ¯ and I direct such sale to be made on a credit of twelve months, the purchaser giving note and approved security.
Item I have given and delivered to my son Isaac Means and to his heirs forever a tract of land containing five hundred acres including the tract purchased from James Fenelow ¯ the tract purchased from Samuel Weir, a track of ninety acres granted to John & Thos. Means adjoining where the old Store Stands, a tract purchased of Alcorn where the old Store Stands and so much laid off the adjoining tracts purchased of Hampton, Macon, McQuistion and Coleman as make up the aggregate of five hundred acres Also the following negroes Viz Nace, Cynthia and their children Harry, Wily, Nany Godfrey and Fanny his wife and their children Quiz and Betty his wife - Jenny & Judy his wife with their children together with the future increase of said female negroes together with stock and other articles put in the profession of my son Isaac for his advancement - which land, negroes, stock, other articles and money given him I value at
Item I have given and delivered to my son David Harper Means property, consisting of money and other articles with the negroes Tom, June and Rachel, amounting to sixteen thousand, eight hundred and forty six dollars which property is particularly specified in my journal page 369
In like manner I have given and delivered to my son Robert Means property, consisting of money & other articles, with the negroes Cain Suky his wife, Nancy, Isham, Fat Sylvia Humphrey & Amy, amounting to fifteen thousand & forty eight dollars as stated on my Journal page 370
In like manner I have given and delivered to my son Thomas J. Means the following property viz one undivided share in the tract of land purchased of Rutgers & lying in the state of Missouri valued at three thousand dollars a tract of land in this State, consisting of the tract bought of Kenne Muir & J. Beam and containing six hundred and ninety three acres valued at four thousand nine hundred and fifty nine dollars ¯ and the following named negroes Ephraim and Sara with their children Hester, Bacchus, & Ephraim ¯ Jack and Lettuce with their children Nelly, Linda, & Phemy Joe & Peg Dick and Anna which negroes I value at four thousand, three hundred dollars ¯ making all together twelve thousand two hundred and fifty nine dollars ¯ I have also given to my said son Thos. J. Means in consideration of his former services to me Reuben & Jenny with their child Tom which are not to be regarded as making a part of his portion of my estate
In like manner I have given and delivered to my son Edward Means the following property viz. one undivided share of the tract of land in Missouri brought of Rutgers valued at three thousand dollars a track of land in this state consisting of the tract brought of Fant Wolly, etc. containing seven hundred & thirty one acres, being a parcel of land heretofore conveyed to my son Robert Means & by him reconveyed to me valued at three thousand seven hundred dollars ¯ the Elliot tract of land containing one hundred & Seventy five acres valued at seven hundred dollars together with negroes Ben with Milbry & her children Dilry, Patry & infant Charles, Caesar O. Will and Maria Cornwall with his children Jordan & Alfred Dernier & Patty with their children August & Hetty which negroes I value at four thousand nine hundred and fifty dollars making all together the sum of twelve thousand three hundred and fifty dollars.
Item It is also my will and desire that my son William B. Means should when he attains the age of __________________years receive toward his portion the following named negroes Nathan, McKenzie & Liley his wife with their children Moses, Pallas, Mourning Quiz, Milbry & Monday Bob & Phillis, Quarh & Chloe which negroes I value at four thousand two hundred & twenty five dollars It is also my will that if either of the above named negroes should die between this time and the period above mentioned, the place of negro so dying shall be supplied by some other negro of equal value, to be selected by my executorsI have more over given & delivered to my said son William & his heirs forever an undivided share of the land in Missouri brought of Arend Rutgers valued at three thousand dollars also one half of a parcel of land in this state composed of two contiguous tracts one known by the title of the Mazyck tract, the other granted to John & Thos. Means ¯ containing together about fifteen hundred acres which above mentioned half of said land I value at four thousand, five hundred dollars making altogether toward the portions of my son William the sum of eleven thousand, seven hundred & twenty five dollars.
Item I give to my son John H. Means and his heir forever a tract of land in the State of Missouri consisting of a tract of land known by the name of the McLennaha tract, of four hundred acres & the fractional quarter section adjoining Pond Fort containing _____________ acres, which I value at three thousand dollars also a ____ of the tract of land in this state above mentioned as conveyed in part to my son William B. Means, which I valued at four thousand five hundred dollars ¯ Said tract of land to be equally divided in the most equitable manner by my executors between my sons Williams B. & John H Means when said Wm shall reach the age of twenty two years ---
Item all the residue of my estate both real & personal I give and devise to all my children & their heirs forever ¯ subject however to the following restrictions & directions that is that the home place shall remain undivided and to be improved for the joint benefit of all my children until my youngest surviving child shall attain the age of twenty one years The negroes remaining shall be employed in the cultivation of the joint landed estate under the direction of my sons David Harper & Thos. J Means who shall be entitled to __________ per cent on the amount of sales of crop and the yearly net proceeds of the crops after paying plantation expenses, charges of repairing building on the plantation, defraying the expenses of the maintenance and education of the younger children, and discharging any debts which may be owing by me, and the payment of the annuity to my sister Rebecca Means hereafter mentioned is to be equally divided among all my children share & share alike and it is my will that my younger children William & John should have the same advantages of education which any of their brethers have had
Item I give and bequeath to my sister Rebecca Means the sum of fifty dollars annually, to be paid out of the net proceeds of the annual crops made on my plantation so long as my said sister shall live
Item when my youngest surviving child shall attain the age of twenty one years ¯ it is my will and desire that the whole of the aforesaid joint estate both real and personal shall be appraised by sensible disinterested men one to be chosen by each of my children, who shall proceed to make a division of the said real estate amongst said children but if such a division cannot be made to the satifaction of my children then & in such case I will & direct the said land to be sold by my executors on a credit of one, two, & three years with interest the purchaser giving bond with approved security and a mortgage of the premises, and the monies arising from such sale be divided amongst all my children in the proportion hereinafter specified It is also my will and desire that the persons so chosen by my children to make division between them, do also proceed to make fair and equal division of my negroes & their increase amongst my said children ¯ Item all the stock and every other description of personal property remaining when my youngest surviving child attains the age of twenty one years I will and direct to be sold, by my executors on a credit of twelve months with xxx interest, the purchaser giving note with approved security, and the proceeds of such sale to be divided among my children in the manner hereinafter specific ¯
Item In the distribution of the residue of my estate above mentioned, it is my will that the following rule be adopted ---the shares of all the children are first to be equalized that is the portioned of those who have not received as much as has been given to my son David H. Means shall be added to until they are equal to the portion already given to my son David H. Means --- and afterwards the residue of my estate real & personal is to be divided among all my children share and share alike.
Item if any of my children shall depart from this life before he or they attain the age of twenty one years and unmarried ¯ the share of such child so dying before he attains the age of twenty one years & unmarried shall be equally divided amongst the surviving children ----and un case any one of my children who are or shall be married, shall died before my youngest surviving child shall attain the age of twenty one years the share or portion of the real and personal estate (then directed to be divided) to which such child so dying would have been entitled shall be equally divided between his widow and children share and share alike if there be more than one child but if only one child then the widow shall take one third and the child the remaining two thirds if no child be living then the widow shall take one third and the remaining two thirds shall be equally divided amongst my surviving children, and the children of my deceased children, the children of any deceased child taking among them the same share as their father would have been entitled to if living at the time then being
Item It is to be understood that the gift of lands above mentioned to my sons Thos. J & Edward Means is to them & their heirs forever
Item out of the tract of land conveyed to me by James Alcorn & herein bequeathed to my son Isaac means I except and reserve one acre of ground so to be laid off as to include the family grave yard & the trees near to it together with the right of way to said grave yard.
I hereby appoint my executors hereinafter named guardians of my two minor children until they attain the age of twenty one years.
Lastly I do hereby appoint my sons Isaac means, David Harper Means & Robert Means with my Robert Means & my friend D. R. Evans executors of this my last will and testament hereby revoking all former wills heretofore made by me and declaring this to be my last will & testament - In witness whereof I have hereunto set my hand & seal this nineteenth day of November in the year of our Lord one thousand eight hundred & twenty seven.
Signed, sealed, published and declared for his last will & testament in presence of us
H. S. Macon
B. T. Coalter
D. C. Whittee
Contributed by Aaron Dorsey
28 Mar 2010 :: 28 Mar 2010
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