In the Name of God Amen: I Huberd Rees of theState of South Carolina, Sumter District. Being in Health and Soundmind and memory: but recollecting the mortality of all men, and thegreat uncertainty of Human events do make and ordain this my lastWill and Testament (hereby disannulling all former and other Wills byme made) first I recommend my Soul to Almighty God that gave it, andmy body to be buried in Christian like manner at the discretion of myfriends and Executors, And after the payment of all my Just debts Ido Will and dispose of all my Estate both Real and Personal in theway and manner following
Imprimus I give to my Son John Whitehead all myhands the Plantation whereon I now live, my swamp Plantations and anumber of other tracts of Land, Excepting the tract whereon myBrother Scarborough now lives containing two hundred & TwentyAcres (more or less)
Item I give unto my said Son John Whitehead thefollowing negro Slaves, Namely fuller Jem and his Wife Nitah andtheir Children, Cate. Bob. John. Seaser: fuller. Linsea & Nitahand Cates two female Children: Fill and his Wife Silvy, and theirChildren Elsy, Livly, Sally. Satire and Susy- Moses and his WifeDinah, and their children. Fortain, Beck. Mary. Sarah Sinder Isaac& a young female child, and Becks Child Juda: Ross, and herChildren. Milly. Betty. Jose. Paul Menus and Adam, Jeny and herchildren little sons Willy. and Charles: Jem. Neilson: Muso, January.and Tom. in all forty three, with all their future issue.
Item I give to my said Son John Whitehead allmy Stocks of Horses, Cattle, Sheep and Hogs also all my Household andKetchin furniture.
Item I give to my Brother Scarborough the twohundred twenty acres of land more or less above excepted and whereonhe now lives.
Item I give unto my said Brother Scarborough mytwo young Negro Men. Rueben, and Derry.
Item I give unto my Nephew Huberd Rembert fivehundred dollars to be paid from the Proceeds of my Estate within twoyears from the date of my death, by my Executors.
Item I do give unto my said Son John Whiteheadevery other part and parcel of my Estate both Real and Personal notherein before mentioned and disposed of.
Item my Will and desire is that should my saidSon John Whitehead die before he arrives to the age of twenty oneyears old, at which time he is to take possession of, and receive allthe Property of Estate above mentioned in that case or event, my Willand desire is that should he leave no legitimate Issue that all theabove mentioned Estate. both Real and Personal shall be equallydivided between my brother Scarborough and my five Sisters, or theirchildren that is to say that the children of my deceased Sisters,Jane Rembert and Edith Williams to Receive the share their Motherswould have were they living and my sisters Ann Sue Mary Gayle andElizabeth Rogers with my Brother Scarborough to share and share alikeor in the Event of their death their children to share their part,But my Will and desire is that should it hereafter be necessary todivide my said Estate that my negroes must be divided that eachfamily of negroes is to be kept together and so to remain together solong as there is any of them under seventeen years old that is bornPrior to such division and after the death of my said Son JohnWhitehead. But should it so happen, that my said Son should marryand have legitimate Issue, before he Receives his Estate or arrivesto the age of twenty one years old, such legitimate child or childrenshall be entitled to the Estate by me Willed to their Father. Butshould such child or children of my said Son die and leave noligitimate Issue in that case my Will and desire is that my saidEstate above mentioned both Real and Personal shall Return to my saidBrother and Sisters or to their Children in manner beforementioned.
Item my Will and desire is that at my death mythree old negro men. Will. Charles, and Primer be set free and tahatthey remain on my Plantation and be maintained there from withComfortable victuals and clothes during their lives.
My Will and desire is that my said Son JohnWhitehead be sent to some one of the Northwest or Eastern States toSchool in the spring of next year and then continued until hereceives a complete Clerical Education should his Capacity admit ofhis receiving such Education by the time he arrives to the age oftwenty one years old, which will be in the year One thousand eighthundred and eight, the Twentieth day of December.
Item my Will and desire is that my Mother shalllive during her whole life to come on my Plantation in my House andbe manager and Mistress of my House the same as she heretofore hasbeen during her whole life to come--- come and that she be afforded adecent maintenance from the Proceeds of my Estate in addition to herown income. that is to say, what she lacks of a maintenance from herown Estate be made up out of the Proceeds of mine during herlife.
And lastly, my Will and desire is that should mysaid Son John Whitehead die and have no legitimate Issue at any timeof his life, in that event the whole of my Estate above mentionedshall return to my said Brother and Sisters or their Heirs, in theproportion before mentioned.
And I do hereby nominate and appoint my friendsRuben Long, John Singleton, son of Matthew, and John Horan myExecutors to this my last Will and Testament.
Made and done this Sixth day of August in theyear of our Lord One thousand Eight hundred and two.
Signed Sealed and Acknowledged in presence of
Wm Murrell
Jas W Murrell H Rees (SEAL)
John Haynsworth
(Recorded in Will Book"A" Pg 32)
Recorded 11th Day of Nov. 1803
Wm Taylor Ordy
Bundle 80 pg 4