Will of Josiah Haynsworth

The State of South Carolina

Know all men by these presents that I, Josiah Haynsworth of Sumter district in the State aforesaid, calling to mind the uncertainty of life, and being unprefsed with the propriety of making a prudent and just disposition of my property after my death do hereby make this my last will and testament.

In the first place I wish all my just debts paid.

Secondly. I give to my wife Anna Haynsworth for and during the term of her life all my plantation on which I reside together with all and singular the rights, members hereditaments and appurtenances thereto belonging or any wise incident or appertaining, together with all my negroes and property of whatever description except that which is subsequently disposed of in the following clauses of this my will. And I do hereby declare it my will and annex it as a condition of the devise & bequest to my said wife that she shall support during their minority and give a good education to my two youngest children Wood and Catherine.

Thirdly- I give and bequeath to my daughter Sarah M Haynsworth my negro woman Lang and her three children Amanda, William and Lizzy and all their future ifsue & increase--I also give her one hundred dollars to buy her a horse; and the bed and its furniture which she uses and claims as her own or seventy five dollars in lieu of the bed & furniture should she prefer it, also my gold spectacles.

Fourthly. To my daughter Henrietta Nettles I have already given and put into her pofsefsion property which I estimate as an equal portion of my estate with my other children which I have valued at twelve hundred dollars- at the death of my wife I wish my said daughter Henrietta to receive such a part of the property given to my wife for her life as will make my said daughters share in my whole estate estimating the said twelve hundred dollars equal to the share of my other children.

Fifthly. I have already given & put into the pofsefsion of my Son Richard P Haynsworth a negro woman named Lorinda and her seven children which I value at two thousand dollars & a horse valued at one hundred & fifty dollars which is more than his equal proportion of my estate with the exception of that part thereof herein given to my wife for her life- it is therefore my wish, that my said son shall have no further part of my estate till the death of my wife, and that upon the death of my wife he shall receive only such a part of the property herein given to her as to make his share of my whole estate estimating what he has already received at twenty one hundred & fifty dollars equal to that of my other children.

Sixthly. To my son Josiah Haynsworth I give devise and bequeath the following discribed tract of land viz: Beginhing at stake 3xn where red oak stood, running South on Alsbrook’s land 6 chains & 30 links to stake 3 x 0 , thence East on sane land 8 chains & fifty links to pine 3 x o. thence S 3 W on the same thirty eight chains to black gum 3 x 0-thence South on W Ramsey eleven chains & twenty links to stake 3 x n-thence west on est. of J Berry along the Bethel road thirty one chains to stake 3 x n-thence N 5 E. on Joe Haynsworths land. acrofs Frog branch fifty six chains fifty links to stake 3 x n‑ thence east acrofs Frog branch to the beginning; laid off for him by Wmn L Brunson and described in a plat make by him dated April 3d 1844 to him & his heirs forever- I also give to him my negro woman Mary and her daughter Ellen together with their future ifsue and increase- my carpenters tools with the exception of such common tools as may be necefsary for plantation work during the life of my wife which I wish retained on the

plantation for her use, but after her death to go to my said Son Josiah‑ also a bed and furniture or sixty five dollars should he prefer it, a cow & calf & two hogs

Seventhly: To my daughter Margaret D Haynsworth I give my negro woman Dinah & her six children Nathan Martha George Rose, Susan & Emma & their future ifsue & increase— I also give her one hundred dollars to buy a horse and seventy five dollars for a bed bedstead & furniture thereof also a cow & calf & two hogs.

Eighthly. To my son Wood Furman Haynsworth I give my negro woman Ade1ine and her future ifsue and increase- I also give him one hundred dollars to buy him a horse seventy five dollars for a bed bedstead & furniture, a cow & calf & two hogs- I wish him to receive a liberal education and that the property in the hands of my wife during her life be charged with the expense thereof- After the death of my wife I give & devise to my said son Wood and my daughter Sarah as tenants in Common & not as joint tenants the following described part of my land including my dwelling house & settlement on the east side of the public road running through my plantation called the Cane Savannah road- Viz- Beginning at Stake 3xn. I Haynsworths corner running west on my other land thirty two chains & fifty links to stake 3 x n in field‑ thence N 3 E on same the line intended to be the road, fifty five chains & fifty links to stake 3 x n, where black jack stood- thence East on same fifty chains & fifty links to stake 3 x 0, in Savannah- thence S 3 W on Richard Cains formerly Braceys land, acrofs Frog Branch sixth chains to pine 3 x 0- then west to th, beginning‑ laid off for them by W L Brunson and described in a plat made by him dated 3 April 1844--to them and to their heirs forever---

Ninthly. To my daughter Catherine I give my negro woman Lorinda & her four children Jack, Tom, Alfred & Mary Jane and their future ifsue & increase- I also give her one hundred dollars for a horse seventy five dollars for a bed bedstead & furniture, a cow & calf & two hogs- I also wish her to be well educated and that the property in the hands of my wife be charged with the expense thereof.

Tenthly. Should circumstances render it necefsary for my wife at any time during her life to sell part of my estate hereby given to her, I hereby authorize and empower her to sell any part there

of either real or personal not herein specifically given to any of my children & to make fee simple or absolute titles to the same as the case may require, and to use the proceeds for her benefit, provided that the residue of any not used by her be divided among my children as herein after directed.

Eleventhly. It is my will that my unmarried children should continue to reside with their mother as long as may suit their mutual convenience and as long as they shall so continue to reside

together that their property should be kept & worked together for thei common benefit--And upon the marriage of any of my said children or their seperation from their mother for any other cause it is my will, that the property which I have given to them respectively in the State in which it may then be; be valued by disinterested persons one half to be chosen by my executors and the other half by such child who shall have power to choose an Umpire which valuation they are to be charged with respectively in the final division of my estate.

Twelfthly. After the death of my wife it is my will that the property herein given to her for her life be divided among my children ( and if any of my children should then be dead, their children or ifsue then alive to represent them) in such a manner as to make the shares of all my children equal, including what I have before given to them to be valued as aforesaid

Thirteenthly‑It is my will that the property which I have herein given to my daughters shall be to & for their sole and separate use during their lives respectively and after their death to their children, equally; the ifsue of a deceased child if any representing such child- But should any of my said children die with out leaving ifsue‑ It is my will that such child shall have the power to dispose of her said share either by will or otherwise.

Lastly- I appoint my sons Richard Josiah & Wood, my son in law William Nettles and my brother William Haynsworth executors of this my last will and testament hereby revoking all former wills by me at any time made‑--

Witnefs my hand and seal this 5th day of April in the year of our Lord one thousand eight hundred & forty four

Josiah Haynsnworth (SEAL)

Published and declared by the testator as his last will before us who have hereto signed our names as witnefses in his presence & at his request

James R Kindrick

Francis M Mellett

R B Cain

Recorded in Will Book D-2, Pge 165

Recorded 20th Day of Sept 1844

W Lewis Ordy

Bundle 117, Pkge 6