Will of Lillis Shaw
The
State of South Carolina, Sumter District This Sixteenth day of April one
thousand eight hundred and thirty nine. In the name of God Amen. I Lillis Shaw,
being at this time in my usual health, and of sound mind and memory, thanks be
to God for the Same do make and ordain this my last Will and Testament In
manner and form following, (to wit)
First It is my will that the whole of my Estate be
appraised and divided into Six equal shares, one Share to go to my step Son
David Shaw, one share to my son William A Shaw, one share to my Daughter
Elizabeth J. Bradley, one share to my decd Son (John Shaw) children, one share
to my decd Daughter Lillis Cousars) Children, and the other Share to my decd
Daughter (Sarah E. Whiteworths)
Children excepting the legacies herein after named to wit, I give to the Salem
Church (Brick) Two hundred dollars, to be added to the permanent fund of the
church. My intention and Will is that my Lands be estimated at three dollars pr
Acre in the valuation of my Estate, and that my Grand Son John S. Bradley have
the refusal of said lands by paying into my Estate the amount aforesaid of
three dollars pr acre, which when done It is intended by my will that he be
fully and Legally and in Fee simple the owner of said Lands, but should not my
said grandson John S. Bradley, not comply with the above requisition. I then
Will the Said Lands to my Son Willian A. Shaw and my daughter Elizabeth J.
Bradley they paying the same sum of three dollars pr acre into my estate. It is
hereby intended that my son Wm A. Shaw, shall have the choice of taking the
Land himself, and in the event of his refusal then that my Daughter Elizabeth
can have the refusal on the same condition. It is my will and desire that out
of the share above mentioned for the children of my son John Shaw I desire that
my Grand Son Calvin Shaw shall get one third over and above his sisters, i.e.
he is to have one third of his fathers share of my Estate, and then an Equal
share with his sisters of the other two thirds I also give to my Grand Son
Calvin Shaw The notes I now hold or may hereafter hold for his Board. It is my
will that my grand daughter Lillis Elizabeth Shaw, my grand Daughter Lillis
Jane Bradley, my grand Daughter
Lillis Hester Jane Whitworth and my step grand Daughter Lillis Shaw, shall each
have one Negro Girl out of the share of their Father or Mother as the case may
be and in case of the grand Daughter or Daughters above named have no surviving
parent at the Division of my Estate, then I desire that the appraisers who may
appraise my Estate, shall point out and name the said Negro Girl for the said
grand Daughter or Daughters, the age of the Negro Girl in each case to be as
near the age of the Legatee, as the circumstances of the case will admit It is my will that in the event of the death
of all or either of the Legatees first above named (ie) one or either of the
Legatees of the Six Divisions first named then I desire that the said six
divisions shall go to the children of the Heirs aforesaid (ie) my intention is
that no relapsed Legacees shall revert back to my Estate. It is my Will that my
Executor appoint three or five disinterested free holders to appraise my
Estate, and make the Division above mentioned without application to the court.
I hereby appoint William W. Bradley, William A Shaw, and David Shaw, Executors
to this my list will and Testament, revoking all other wills by me made. In
witness whereof, I hereunto set my hand and affix my seal the day and year
first above written.
her
(SEAL)
Lillis
Shaw X
mark
Signed
Sealed and acknowledged in presence of
Hugh
Wilson )
James
Robinson) Witnesses
Alfred
D Hinds )
The
State of South Carolina Sumter District. I Lillies Shaw of the State and
District aforesaid-- being desirous to amend and alter my will bearing date the
Sixteenth day of April, one thousand Eight hundred and thirty nine, do make and
ordain the following Codicil on account of the death of my step son David Shaw.
That is to say. I desire, and will that, that portion of my Estate left to my
step son David Shaw in the will above recited, be seperated, and taken from my
Estate as Soon after my decease as practicable and be turned or paid over to
the Executor or administrator of the Estate of David Shaw for the use and
benefit of His Heirs. It is further my will and desire to amend the above
recited will. So that Either of my children, or grand Children who may be of
age may have the priviledge of Taking my Lands at the Stipulated price of Three
dollars pr Acre, and if more than one of them is desirous of so doing, then I
desire that they may draw lot for it. and in the event, that no one is willing
to take it, then it is my will that my Executors, make Sale of my Lands and
make Division of the proceeds as above directed in my Will above quested; and
they are hereby authorised to make Titles for the Same.
In
Witness I hereunto set my hand and affix my seal this 1 day of August in the
year of our Lord one thousand Eight hundred and forty three, and Sixty eighth
year of American Independence
her
Lillies
X Shaw (SEAL)
mark
Signed
Sealed and acknowledged in the presence of us.
Eliza
Jackson
William
J. Barnes
Elijah
McElveen
The
State of South Carolina Sumter District I Lillies Shaw of the State and
District aforesaid being desirous to amend and alter my will bearing date the
sixteenth day of April One thousand Eight hundred and thirty nine do make and
ordain the following Codicil
I
alter my will and give to my grand son Calvin Shaw one negro Boy named Wesley
instead of the Notes Will to him of his board.
Also
I alter my will and give to my great grand child the daughter of my grand child
Esabella Shaw or Scull the portion that was let in my will to my grand daughter
Susannah Shaw or
English I Also Alter my will In the legacy that was
left to the Brick Church giving the Church nothing in consideration that I paid
my full portion in building the new church
I do authorize my Executors above mentioned to give to my great grand
child Scull her part to David Kinedy or who may act as guardian for her I do Authorise my Executors to appoint
appraisers four or Five Free holders to divide my Estate and not to apply to
court for Adevision
In
witness I hereunto set my hand and affix my seal this 17th day of
January in the year of our Lord one thousand Eight hundred and Fifty and Sixty
seventh year of American Independence
her
Lillis X Shaw (SEAL)
mark
Signed
Sealed and acknowledged in the presence of us.
Sam.l
McFaddin
Thomas
I McFaddin
Wm
E McFaddin
State
of South Carolina
Sumter
District Know all men by these
presentv, that. I Lillis Shaw of the State and district aforesaid do give to my
Grand son Jno Whitworth that Tract of Land that I now live on; That after my
death. he to pay Three dollars per acre to my heirs. I do hereby authorise my
Executors or Administrators to make Titles after my death to the said John
Whitworth, to him, his heirs, Executors, or assigns. In witness whereof I do
hereby set my hand and Seal This fourth day of September, in the year of our
Lord one thousand Eight hundred & fifty, and in the Seventy fourth year of
the American Independence of the United States.
her
Lillis
X Shaw (SEAL)
mark
Signed
Sealed and delivered in the presence of
Robt.
E. McFaddin
Thomas
I. McFaddin
Wm.
E. McFaddin
State
of South Carolina )
Sumter
District ) Whereas I Lillis
Sbaw of the above State and District haveing made and duly executed my last
will and testament in writing bearing date, April the Sixteenth 1839--Now I do
hereby declare this present writing to be as Codicil to my said Will and direct
the Same to be annexed thereto, and taken as part thereof: whereas Mary M. D.
Gaddard my Grand daughter having deceased, leaving a child John Gee Gaddard, I
desire the portion of my Estate to which he will be entitled at my deceased: to
be placed in the possession of John S. Whitworth, and Martin Rhodes to be
delivered to him when he marries or arrives at the age of Twenty one years.
If
said John Gee Gaddard dies in his minority leaving no Wife or child, then this
property to be equally divided between Sarah EC B Rhodes wife of Martin Rhodes,
John S Whitworth, Lillis H. Whitworth and Elvira T Whitworth, I do hereby
appoint and constitute John. S Whitworth and Martin Rhodes Executors to this
Codicil,
Witness
my hand and Seal this the Twenty fifth day of August. One thousand Eight
hundred and fifty two.
her
Lillis
X Shaw (SEAL)
Signed
and Sealed in the presence of us
Thomas
J. McFaddin
Wm
E. McFaddin
Geo.
W. Cooper
Whereas
I Lillis Shaw, of Sumter District and State of South Carolina, have made my
last will and testament in writing bearing date the sixteenth day of April one
thousand Eight hundred & Thirty nine Now therefore I do, by this my
writing, which I hereby declare to be a codicil to my said last will and
testament and to be taken as a part thereof Have given and bequeathed to Wm
Shaw $600. 1 Bed furniture & stead Elizabeth Bradley 1 Bed furniture &
stead Lillis Whitworth 1 Bed furniture & Stead Elvirah Whitworth 1 Bed
furniture & Stead
Instituted
in the District & State aforesaid; and lastly, it is my desire that this
codicil be annexed to, and made a part of my last will & testament as
aforesaid, to all intents & purposes
In
Witness whereof I Set my hand & Seal This the 22nd Day of August
in the year of our Lord one thousand Eight hundred & fifty Three and in the
Seventy Eight year of American Independence
her
Lillis
X Shaw (SEAL)
mark
Attest
R. E. McFaddin
M. Rhodes
J. L. Whitworth
Recorded
in Will Book D-2, pge 465
Recorded
October 3rd 1853
W.
Lewis Ordy.
Bundle
136, Pkge 19