Will
of Obadiah Spears
South Carolina
Sumter District
I
Obadiah Spears of the District and State aforesaid, being in infirm health, but
of sound and disposing mind and memory, do make this my last Will and testament
hereby revoking, and annulling all former Will by me at any time made.
In the
first place I give and bequeath to my Son Joshua A Spears the following Negro
Slaves to wit Charlotte & her child Hiram & Silas, to him His Executors
& Administrators, in trust however & for the use of my daughter
Elizabeth Lansdell the Wife of William M Landell as a sole & seperate
Estate, not to be subject to the debts or disposition of her said husband, for
and
during the term of her natural life, and after her
death to such child or children as she may leave alive at her death equally to
be divided between them, but should my said daughter die without
leaving any child or children alive at her death,
the above Negroes and their increase & whatever other property given to her
in this my Will, may be then remaining, to be equally divided between my Sons
Henry & Joshua A, or the survivor of them.
Secondly I give and bequeath to my son Joshua A Spears the following
Negroes to wit Caleb, Hiram the elder and Ellen, to him his Executors and
Administrators in trust however, that he will
manage the said Negroes to the best advantage
according to his discretion & pay over to my son Henry, the proceeds &
profits of their labor, or if in his opinion advantageous to the said Henry
permit him to have the use of the said Negroes The said Henry to have the use
of the said Negroes, or to receive, the proceeds and. profits of their labor at
the descretion of my said Son Joshua A Spears for & during his life, and
After his death, the Said Negroes & their increase to be equally divided
between such child or children as he may leave alive at his death; but should
my son Henry die without leaving any child or children alive at his death, the
said Negroes & their increase to be equally divided between my other children
or the survivor of them.
Thirdly
I give, devise & bequeath to my Son Joshua A Spears all my real estate, and
the following Negroes, to wit, Manson, Rachel, Caroline, Emily, Delia, Isaac,
Harriot, Melville, &
Washington, to him, his Heirs, Executors &
Administrators forever. And I do herby charge upon the property hereby given to
him, the sum of two hundred & fifty dollars, to be paid by him to
my daughter Elizabeth Landell or to be invested by
him for her use with the same limitations and conditions above exprefsed: And I
do also charge upon the Said property hereby given to him, the further sum of
four hundred & Seventy five dollars, to be paid by him to my son Henry,
& to be invested for him in property to be subject to the same limitations
& conditions above exprefsed.
Fourthly I will & desire that all the rest & residue of my
property be sold, for the payment of my debts and the expenses of
Administration to be equally divided between my said three Children, in the
same way as the property is above given to them respectively.
Lastly
I nominate constitute and appoint my son Joshua A Spears the Executor of this
my last Will and Testament.
In
Witnefs whereof I have hereto set my
hand & affixed my seal this eight day of May 1833 in the year of our Lord one thousand eight hundred & thirty
three & in the fifty seventh year
of American Independence.
Obadiah Spears (SEAL)
Published & declared by the Testator as his
last Will in the presence of us who have subscribed our names as Witnefses of
the due Execution thereof in the presence of the said Testator
Larkin Jennings
Noel Vaughan
John Vaughan
Recorded in Will Book D-2, Pge 25)
Recorded 25th Day of Sept 1840
W. Lewis Ordy
Bundle 132, Pkge 4