Will of Bunell Fort
South Carolina
Sumter District
In the name of God Amen. I Bunell Fort do make this my Last Will and Testament, and first of all I give my soul to God, who gave it, and my body, I recommend to the earth, to be buried, in a Christian like manner, nothing doubting but at the general resurrection. I shall receive, the same by the mighty power of God and as to my wordly estate; I devise and dispose of the same in the following manner.
Item. I give and bequeath, to my said wife during her widowhood, the following negroes; Henry, Billy, Flora, Agga. Mariller and Adam and the use of my dwelling house and out houses, and one hundred acres of land and timber for her use and the Sorrel mare known by the name of Mulatto Mary and the riding chair and barns and as much of my plantation tools as, ma be, necessary for her hands to work; and from and after her marriage, or death which ever may first, happen, the last named negroes, real and personal property to be equally dividedbetween my children: Item. I give to Jane Elizabeth Roundtree four negroes namely Hannah, Armstrong, Masey?, Lucinda and three hundred acres of land more or less known by the Smith land to her and her issue if any living; but should the said Jane depart from this life before the age of twenty one years without issue living or should, she at any future period depart this life, without issue living then the said legacy to return to my estate; Item. I desire to my son Josiah Grandersoon Fort and his heirs forever, The Holloway tract of land being the land conveyed to me by the commissioner, in equity; Item. I give, devise all the rest and residue, of my land to my two daughters Sarah Pyrano and Susannah Caroline Fort’s for their natural lives; and from and after their, deaths to such child or children that they may leave alive at their deaths; each of my children to have, an equal share of my personal estate; my daughters shares to her child or children; my children to live with my wife, while they remain single, and my wife single; my wife is not to have any part of my children’s estate is case either of them should die, under age or unmarried; but the part of the dead child leaving no child or children ,to go to my surviving children and I do hereby,
Utter-disallow, revoke and disannul, all and every other former testament, wills, legacies and bequests by me in any ways, before named willed and bequeathed, ratifying and confirming, this and no other to be, my last will and testament, in witness whereof I have hereunto, set my hand and seal, signed, sealed, witnessed and delivered, in the presence of each other signing and looking on the others, signing in the presence of the whole:
July 26th, 1831
Bunell Fort (seal)
Hoddon McCoy
Elisha McCoy
Daniel Brunson
This my Codicil
In the name of God Amen: I Bunell Fort; in the year 1831, did make my last will and testament and am now desirous to have some additions made to my last will and testament and do hereby make this my Codicil’ which Codicil I wish to be annexed to my will and testament in manner and form following.
First- It is my wish and desire and I do give and bequeath unto my son Josiah G. Fort, one negroman Dave and my blacksmith tools, more than his equal protion of the division of my personal property among my three children. It is further my wish that my children do stay and remain with their mother and that my property to be kept together and worked on the plantation for the support and education of my children; with the exception of the property given to my beloved wife; she is to do with her property as she may deem best; she may work her hands with the children’s hands or to themselves as she pleases. It is further my wish and desire that when either of my children may come of age or marry and apply to my administrator for their part of my Estate then the Administrator shall call upon five disinterested free holders and give him or her their proportionable part of my estate agreeable to the terms of my will and this my Codicil.
It is further my wish and desire that the property given to my two daughters, Sarah Pyrano and Susannah Caroline and their issue shall not be subject to any debts or contracts made by their husband should they marry. It is further my wish and desire that should any one or more of my children die; leaving no issue, in that case the property left to either of them to be equally divided between my surviving children at their death.
In testimony whereof I have hereunto set my hand and seal this twentieth day of July in the year of our Lord 1832 and in the Fifty Seventh year of American Independence.
Signed, sealed and acknowledged by me, Bunell Fort as my codicil and as part of my last will and testament in presence of us-
William Potts Jun.
J. R. Witherspoon
Jane Potts Bunell Fort (seal)
I Bunell Fort as recollecting that I have omitted something which I have not inserted in my will and first codicil do hereby make this my second codicil which do hereby consider it as my will and testament as follows: In the first place it is my will the increase of the females given in any of the legacies specified in my will and testament to go with the mother and be considered as part of the legacy.
Secondly- It is my wish that should my wife Colia die before my children arrive to the age of twenty one or marry then in that case my children or child to go under the care of my friend William Potts, Sen. And Jane Potts and be brought up under their direction, whom I leave as Trustee and Guardian for my said children after the death of my beloved wife Colia.
In testimony whereof I have hereunto set my hand, seal this seventh day of August in the year of our Lord, one thousand eight hundred and thrity two and in the Fifty Seventh year of American Independence. Signed, sealed and acknowledged in presence of us by the said Bunell Fort as his codicil and part of his will.
B. Fort (seal)
William Potts, Sen.
Wiley Fort
Elijah Pringle
Recorded Will Book D-1, page 278
Recorded Oct. 17th, 1832
William Potts, Sen. Ordy S.D.
Bundle 35- Package 1.