WILL OF J. M. DARGAN

 

The State of South Carolina

 

In the Name of God Amen. I John M. Dargan ofSumter District, Planter, do make this my last will and testament inmanner and form following, that is to say; I will and desire that myslaves and other personalty be kept together and worked on myplantation for the use and support of my wife, Emily E., and such ofmy children as may remain with her, for and during the term of hernatural life, and at her death I wish all the said property real andpersonal to be equally divided between my children, Lenora A.Nettles, wife of Amos A. Nettles, Martha V. Scarborough, wife ofHardy Scarborough, Mary A. Dargan, John W. Dargan, Frances E. Dargan,Emma A. Dargan, Robert J. Dargan and Sarah S. Dargan,-each of my saidchildren to hold his or her share for and during the term of his orher natural life and no longer, and from and immediately after his orher decease the same to belong to his or her child or children andthe issue of any such child or children as may have died in his orher life-time, such issue to take by representation the share whichthe parent would have taken and no more; but in case either of mychildren above named should die without leaving any such child,grandchild, or other descendant surviving him or her, then I desirehis of her share of my estate to become the property of my survivingchildren (subject in their hands to the limitations of this clause ofmy will) and the issue of such of my children as may have died in hisor her life-time, such issue to take by representation the sharewhich the paren t would have taken and no more: and I further desirethat the shares of my daughters who are now married and such of themas may hereafter marry be held by my son John W. Dargan in trust fortheir sole and separate use

 

Item I desire that the negro girl Betty, which Ihave already given to my daughter Leonora A. Nettles, be consideredin the division of my estate, as part of her share and valued atthree hundred dollars. Item, I desire that my two youngest children,Robert J. Dargan and Sarah B. Dargan be educated as well as supportedduring the life of my wife, out of the proceeds of my plantation.Item, I desire my executors to sell any part of my personal property,except my slaves, which may not, in their judgement, be necessary tobe kept on my plantation. Item, To each of my single daughters whomay marry during the life of my wife I wish a cow and calf to begiven by my executor. Item, I wish my Jones tract of land and thatpart of my Smith tract of land which lies on the South side of theroad leading from Sumterville to Manchester to be sold by myexecutors and the proceeds thereof applied to the payment of mydebts--neither tract to be sold for less than four dollars per acre.Item, I wish that part of my Smith tract of land which lies on theNorth side of the road leading from Sumterville to Manchester to beexchanged by my executors, with Robert S. Mellett or whoever maypurchase his land, for small piece of land lying to the west of mynegro houses, containing about five or six acres. Item, I wish myexecutors, when my son Robert J. Dargan arrives at the age of twentyone years, to purchase for him a good serviceable horse. I also giveto my said son Robert J. Dargan my silver watch and chain. Item, Ifmy executors should be unable to sell my Jones and Smith tracts ofland, and should find it necessary for the payment of my debts, theymay sell such portions of my personal property as may be necessaryfor the payment of my debts: and if said tracts of land should not besold, then I desire that, in the division of my estate as abovementioned, my son John W. Dargan take the Jones tract, as part of hisshare of my estate and my son Robert J. Dargan the Smith tract aspart of his share. I nominate constitute and appoint Amos A. Nettlesand my son John W. Dargan Executors, and my wife Emily E. DarganExecutrix of this my last will and testament, hereby revoking allwills by me at any time heretofore made and declaring this to be andcontain my last will and testament.

 

In Witness whereof I the said testator, John M.Dargan, have here unto set my hand and seal this--eighth day, ofJune--in the year of our Lord one thousand eight hundred and fortyseven

 

Signed Sealed published and declared by) J. M.Dargan (SEAL)

 

)

 

the testator John M. Dargan as and for )

 

)

 

his last will and testament in the presence of uswho in his presence and at his request have hereunto subscribed ournames as witnesses; the words "without leaving" first striken out

 

Ludolphus B. Jones

 

Thos. M. Brunaby

 

Robt. D. Bradford

 

Codicil to J. M. Dargan's Will

 

A codicil to the foregoing Will and Testament.--Idesire that my Executors have full power to loan any species ofpersonal property to my children as the marry off, as they (myExecutors) can conveniently spare from the plantation, so that it bereturned again to my estate at my wifes death, or sooner if necessarywith the increase if any, to be divided with my other property.

 

In witness whereof I, the said testator, John M.Dargan have here unto set my hand and seal this eighth day of June inthe year of our Lord one thousand eight hundred and forty seven-----

 

Signed, sealed, published and declared by thetestator John M. Dargan in the presence of us

 

Ludolphus B. Jone J. M. Dargan (SEAL)

 

Thos. M. Brunsby

 

Robt. D. Bradford

 

The State of South Carolina

 

Whereas I John M. Dargan of Sumter District,planter, have made and duly executed my last will and testament and acodicil thereto, bearing date the 8th day of June 1847; Now, I dohereby nominate constitute and appoint John D. Jones executor of mysaid last will and testament: And I do hereby ordain and declare thispresent writing to be a second codicil to my said will and to betaken as a part thereof: In Witness whereof I have to this codicilset my hand and seal, the twelfth-day of July- in the year of ourLord one thousand eight hundred and forty seven.

 

Signed, sealed, declared, and published) J. M.Dargan (SEAL)

 

by the said John M. Dargan as and )

 

codicil to be taken as a part )

 

of his last will and testament, in the )

 

presence of

 

Ludolphus B. Jones (Recorded in Will Book D @

 

Thos. M. Brunsby (Recorded Aug. 23rd 1847)

 

Robt. D. Bradford Bundle 134 Pkge 5