WILL OF JESSE SCURRY


In the name of God, Amen. I, Jesse Scurry, Planter, of Claremont County, Sumter District, South Carolina, considering the uncertainty of this mortal life, and being of sound and perfect mind and memory [bless the Almighty God for the same] do make and publish this my last will and testament, in manner and form following

First, I give and devise unto my three daughters, Lizzy Scurry, Jenny Scurry, and Jeaney Scurry, and to my Niece, Lenny Horrel Scurry, all my real Estate consisting of three tracts of land all joining each other situated lying and being on the South fork of Black River in the County, District, and State aforesaid together with all my free hold Estate whatsoever to hold to them the said Lizzy Scurry, Jenny Scurry, Jeaney Scurry and Lenny Horrel Scurry their Heirs and Assigns forever. But, if Alsey Hood shall have a living Child on or before the last day of July next and shall swear such Child to me then the above mentioned three tracts of land shall be equally divided into five equal parts, and said Child shall have one fifth of the same and the other four fifths shall be equally divided amongst the four children above mentioned; and, if any of the above mentioned children shall die before they marry, or arrive at the age of twenty one years, then his, her, or their part, or parts shall be equally divided among the surviving children above mentioned.

Secondly, I will and bequeath that my Mother, Elizabeth Scurry, shall have privilege of living on, cultivating and using the part of said land during her natural life, agreeable as her Dower is laid out to her.

Thirdly, I will and bequeath that my wife, Mary Scurry, shall have privilege of living on, holding, and cultivating and enjoying one third part of the said land above mentioned during her natural life, in lieu of her Dower which third part shall be allotted to her whenever my Executors or Administrators shall point out to her:

Fourthly, I will and desire that as soon as my eldest daughter, Lizzy Scurry, shall be married, or arrive at the age of twenty one years, or in case of her death as soon as any other of the co-legatees with her shall either be married or arrive at the age of twenty one years the remaining two thirds of land which is not in the possession of my wife, Mary Scurry, shall be divided as above mentioned and distributed as above mentioned to each child as they marry or come to the age of twenty one years, or if it is thought to be more advantageous by my Executors or Administrators let said two thirds of land be sold and the money arriving there from be equally divided as the land would have been and if my wife, Mary Scurry, shall be dead before any of the above mentioned children shall marry or come of age then let the whole of said land be divided or sold and the money divided in like manner as has been mentioned concerning the two thirds.

Lastly, I give and bequeath all my personal Estate, goods and chattles whatsoever to my wife, Mary Scurry.

And, I do, hereby, appoint John McDonell, Paul Laurence, and Thomas Davis Executors of this my last will and testament; hereby, revoking all former wills by me made. In witness whereof, I have here unto set my hand and Seal this Ninth day of March in the year of our Lord one thousand eight hundred and eleven and in the thirty fifth year of the Independence of the United States of America.

Signed, Sealed, published and declared by the above named Jesse Scurry to be his last will and testament in presence of us who have hereunto subscribed our names as Witness in presence of the testator.

Jesse X Scurry [Seal]
[his mark]
James Caldwell
Daniel Rose
Gershon Benbow

Recorded Will Book D-1, Page 111
Recorded April 11, 1825
William Potts, Ordy S. D.
Bundle 106 – Package 13