State of South Carolina) In the Name of GodAmen.--- I David Witherspoon of the State and district above named,being in good health of body and perfect mind and memory, (biefsed begod for the same) but calling to mind the mortality of my body, andknowing it is appointed unto all men, once to die, do make and ordainthis my last will and testament. Principally and first of all Iresign my soul to God, who gave it and my worldly Estate withwhich ithas pleased him to biefs me I give and bequeath in the followingmanner-----------------------------
Item 1st) I will and bequeath to my beloved WifeMary Witherspoon Eight negroes viz Mary Tom, Brister, Maurice, andfour small negroes Ladson, Ellias, Terry and Letty, and their ifsueto her forever, six cows and calves, my waggon, four horses, myriding chair, and all the stock of hogs on the plantation; also allthe household and kitchen furniture, except that part hereinotherwise disposed of, which said negroes & property it is mywill to be at her disposal, should she survive me, but in case of herdeath without disposing of willing the same to any one she I desireand will that the negroes be equally divided between by new threeyoungest children, to wit, Charles L. Witherspoon, Anne EWitherspoon, Lillis A. Witherspoon, the perishable property to besold by my Executors and equally divided amongst the said namedchildren Charles. L. Ann E & Lillis A Witherspoon&emdash;also thetract of Land on which I now live during her life except the partgiven to my Son John L. Witherspoon which has since been bought by meand given to my Son James A. Witherspoon&emdash;now disceased &now belonging to his Estate-------------------------
Item 2nd) I will and bequeath to my Son Charles LWitherspoon, four negroes viz, Ceasar Cinns, Binah, & Jackson,two cows and calves, one horse and one feather bed, and furniture thenegros and their issue to him and his heirs forever, also the Tractof Land on which I now reside./ with the above named exceptance)after the death of my wife to him, and his heirs forever) Item 3rd Iwill and bequeath to my daughter Ann E. Witherspoon four negroes vizBen, Fanny, and her two children Dinah & Hichard, two cows andcalves, one horse, one feather bed and furniture to her, and herheirs forever. Item 4th I will and bequeath to my daughter LillisA. Witherspoon four negroes viz Bob, Flora, Susy, and her childJoseph, them and their ifsue to her and her heirs forever two cowsand calves, one horse, one feather bed and furniture-------Item 5th) I will and bequeath to my Son John L. Witherspoon, my daughtersElizabeth Winn, Matilda Durant, Mary McCullim the sum of five dollars(Each) which with the property I gave them at Marriage I deem a fullshare of my estate both real & personal. Item 6th) I will andbequeath to my three grand children, children of my son Moses B.Witherspoon the sum of five dollars each---------Item 7th) I willand desire if any of my children should die before marriage or theage of twenty one years that him or her part shall be equally dividedamongst the children of my present Wife MaryWitherspoon--------------Item 8th) It is my will and desire that somuch of my personal Estate as is not mentioned in the foregoingitems, and clauses as my be absolutely necefsary to pay my just debtsand funeral charges, be sold by my Executors; and the reminderthereof with any money, or other interest I may pofsefs, to go to myWife; or the ifsue of her body&emdash;Furthermore I do herebyconstitute, and appoint Stephen Lacosta, James McCullim, Executors ofthis my last will & Testament revoking and annulling all formerWills & Testaments. In Witnefs whereof I have hereunto affixedmy hand and seal this the Twenty seventh day of January, in the yearof our Lord one thousand eight hundred and Thirty five and of theAmerican Independence the fifty ninth of AmericanIndependence------------------------------
Signed Sealed and executed in the Presence of
William Guin
Samuel McKey David Witherspoon (SEAL)
John Cumpbell
Not Recorded in Will Book
Sworn to this 4th day of May 1835)
William Potts Ordy.
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