State of South Carolina
Sumter District
In the name of god Amen I James E. Harvin of theState and District aforesaid planter being Sick and weak in Body butof Sound and disposing Mind and Memory thanks be to god and Callingto mind the mortality of my body Knowing that it is Appointed for allmen once to die--Do make & ordain This my last Will and Testamentin Manner and form following---
First I recommend my Soul to god who gave it andmy body to the Earth in genteel Christian Burial and as touching myworldly Estate that it has please god to blefs me With in this life Iwill and bequeath as follows, and first it is my will and Desire thatall my Just debts be paid--Item, I give and bequeath unto my lovingwife Naomi Harvin during the term of her natural life and no longerthe use of the Plantation whereon I now live and all the adjoininglands and also the labour of the following negroes To Wit WillobySharper Leah Rachel Derry Sam Charlotte and Sary also one horse Snapone bay mare Peg Fifty head of Stock Cattle all my Stock of hogs onewaggon and gears one Riding Chair and Harnefs all my Plantation toolsor as Many as will be Necefsary for the use of the Plantation all myCarpenters tools all my Household & Kitchen furniture includingthe large Clock, to be kept on the Plantation for the Support of mywife & Support and Education of my Children at the discretion ofmy Executors herinafter to be appointed---and it is my will &desire that my children do remain on the plantation under thedirection of their mother & my Executors, but should any of mychildren prove disobedient to their mother & my Executors &will not labour nor contribute to the Estate then they are not to beSupported out of my Estate---and Should my wife Naomi marry again toa man That should misuse my Children or waste the property then myExecutors to take the Property left in her care & pay herannually a Sum Sufficient to Support & maintain her gentully& comfortably during her life out of my Estate- Item. I give andbequeath unto my loving Daughter Caroline E Blackwell three hundredacres of land lying on Black river & bear Creek Joining Robt R.Whites land & all the lower part of my Swamp Surveys from theupper corner of Michael Blackwells Ox Swamp land that is in or nearthe mouth of ox Swamp to run acrofs Black river north forty degreesEast to her and her lawfull Ifsue forever also the use & labourof two negroes named Suckey & rose that is now in her pofsifsionand the money that Michael I Blackwel is owing me which is ninety twoDollars fifty Six & a half cents Clear of Interest or hire untillmy Son James A Harvin is of age or marrys, Item. I give and bequeathUnto my loving Son Rich.d W Harvin Six Hundred & Seventy Acres ofland lying on Spring branch and Farecoat in Black river fork whereonWilliam Eveleigh now lives Provided Said Eveleigh should fail incomplying with his contract with me, But should he pay for said landthen Rich.d W Harvin is to be paid out of my Estate the Principleamount of the land which is two thousand nine Hundred & threeDollars to him and his lawful Ifsue forever-but he the said is to payto Susanna E Harvin the Sum of Eight Hundred and fortyDollars---Item--I give and bequeath unto my loving son James A HarvinThe lower part of the land where I now live which is supposed will beOne thousand Acres--adjoining Sam.l Harvins land & by a divisionline There after to be laid out Beginning at the north East end ofthe ditch That runs near George Evans old house to the Sumtervilleroad from Thence runing North fifty Six degrees East to my back line,thence along Said ditch & continuing the course of the ditchwhich is South forty four degrees West to the margin of Idigo Branchfrom thence Sixty five degrees West to my back line in the Swamp, tohim & his lawfull Ifsue forever- And he the Said Jas A Harvin isto pay to Susanna E Harvin the Sum of four Hundred & fiftyDollars-- Item, I give and bequeath unto my Loving Son William NHarvin all the balance and remaining part of The land whereon I nowlive not already bequeathed to him & his lawfull Ifsueforever--and he the said William N. Harvin is to pay to Susanna EHarvin the Sum of Four Hundred and fifty Dollars-Item. I give &bequeath unto my Loving Son Thomas E Harvin all my land Supposed tobe one thousand acres lying on Big branch South side of Black riveralso all the remaining part of my Swamp Surveys not alreadyBequeathed to him & his lawfull Ifsue forever. Item I give &bequeath Unto my loving Daughter Susanna E Harvin one Hundred &fourteen acres of land lying on Maning branch that I bought fromElijah Windom also the Sum of Eight Hundred & forty Dollars to bepaid to her by Rich.d W Harvin and the Sum of Four Hundred &fifty Dollars to be paid her by James A Harvin and the Sum of FourHundred & fifty Dollars to be paid her by William N Harvin to her& her lawfull Ifsue forever--
But Should Either of my Children die withoutleaving lawfull Ifsue then all the real Estate bequeathed unto him orthem to be divided between all my Surviving Children Share &Share alike to them & their lawfull Ifsue forever--And it is mywill & desire that when my Son James A Harvin is of age or Marryswhich Ever may first Happen, that all my Personal Property Except thePart bequeathed to my wife, Shall be Equally divided between all MySurviving Children and my daughter Carolina E Blackwell & my SonsRich.d & James to receive into their Pofsefsion thier dividind& the remaining Part to be Kept together untill my daughterSusanna is of age or marrys then the Said remaining part to beEqually divided between my Sons William N and Thomas and my daughterSusanna and At the death of my wife all The rest & residue of myEstate to be Equally divided between all my Surviving Children And itis my will & desire that all the negroes belonging to my Estatenot already disposed of Shall be annually hired out at the discretionof my Executors untill all my Just debts are paid & longer shouldthey think it advantageous to my Estate and it lastly my will &desire that all the remaining Part of my Stock of Horses & Cattlenot already disposed of one Jack one Cart some Plantation tools onebrafs Clock and all uselefs & Perishable articles that will notbe needed for the use of the Plantation Should be Sold on a Credit ofTwo years--It is farther my will & desire that my Rifle gun &new shot gun be Kept for the use of the Plantation And that all therest of the guns belonging to my Estate & my Silver watch be soldas above directed And I hereby make ordain Constitute and appoint M.rSam.l E Plowden My Brother Richard Harvin my Son inlaw Michael IBlackwell and My loving Son William N Harvin--Executors to this mylast will and Testament hereby revoke Set aside & make void any& all wills Heretofore made by me and declare this to be my lastwill & testament In witnefs whereof I have hereunto Set my handand seal this Eighteenth Day of October in the year of our Lord onethousand Eight Hundred and Twenty one-and in the Forty Sixth year ofIndependence of the United State of America
James E Harvin (SEAL)
Signed Sealed Published and declared by thetestator as and for his last will & testament in the presence ofus who at His request have subscribed our names as Witnefseshereunto--
W.m R Harvin
Daniel Delaney
Thomas Davis
John Harvin
Sam.l R Gibson
Codicil
Be it known to all men by these presents that IJames E Harvin Planter of the District of Sumter & State of S.oCarolina have made and declared my last will & Testament inwriting bearing date the Eighteenth day of October one thousand EightHundred & twenty one I the said James E Harvin by this presentCodicil do ratify and confirm my Said last will & Testament, butdo order direct and desire that if my wife Naomi Harvin Should wishor desire to leave the Plantation whereon I leave her, that in thatcase my Executors do pay her annually a Sum Sufficient to Support herJentully & Comfortably during her life out of my Estate. And Ialso hereby forbid & wish to prohibit forever my Son James AHarvin & his heirs from clearing or cultivating the ridge of landlying between my plantation & poplar Branch known by the name ofthe Indian grave Ridge & will & desire that all my childrenshall have a previledge of getting any timber off of Said land thatthey may actually need and I also direct & desire that if my SonsRichard W Harvin James A Harvin William N Harvin & Tho.s E Harvinor any of them wish or will receive a liberal Education that myExecutors do give them the same out of the profits of my plantation& the property left thereon & my daughter Susanna E Harvin dohave a good English Education out of the same--and whereas I did inmy Said last will & Testament order and direct the Sale ofCertain property named in Said upon a credit of Two years & I dohereby order & direct that all Sums of Such Sales as do notamount to Ten dollars Shall be payable on the first day of Januaryone thousand Eight Hundred & twenty three-And my will &meaning is that this Codicil be adjudged to be a part & parcel ofthis my last will & testament and that all things thereinmentioned & contained be faithfully & truly performed &as fully & amply in every Respect as if the Same were So declared& Set down in my last will & testament Witnefs my hand &Seal this Sixteenth day of November one thousand Eight Hundred &Twenty one
James E Harvin (SEAL)
Signed & Sealed in presence of
W.m R Harvin
Daniel Delaney
Thomas Davis
Sam.l R Gibson
Recorded in Will Book AA, page 328
Recorded December 3rd 1821
William Potts Ordy S. D.
Bundle 47, Pkge 6