WILL OF THOMAS WELLS
The State of South Carolina
I Thomas Wells of Sumter District in the Stateaforesaid being in Usual Health and of Sound mind (for which I amthankfull to Allmighty God) and Remembering that it is appointed forall Men Once to Die Do make and Ordain this my Last Will andTestament.
First: I give to My beloved wife Margaret theplantation or Tract of Land I purchased of Thomas G McLeod for andDuring her Natural Life and No Longer. I also give to her TenNegroes which Shall be entirely at her will and disposal. Theirnames are as follows. (viz) Isaac. Leah. Matilda. Elly. Amos.Patsey. Louisa. Paul. Lucinda and Jenny. I give in Like Manner, aHorse called Jack my Family Gig My House Clock The one half of myHousehold and Kitchen Furniture a waggon One Third part of myPlantation Tools. The one Half of my Live Stock Consisting of HorsesMules. Horned Cattle Hogs Sheep &c and the one Third part of theProvision that May be upon my plantation at the Time of my Death MyCrop of Cotton that may be growing or on hand at the Time of myDeath. I wish appropriated to the payment of my Just Debts all thearticles Property and Estate that Require partition I wish divided bymy Trustees hereafter below named. It is my will and Desire thatthe above named Property given to my Beloved wife shall be in Lieu ofall Dower which she may be entitled to both in Law & Equity ThePlantation or Tract of Land given to my wife during her Natural lifetogether with all my Estate both Real and Personal except such partsas are Specifically given to my wife and Made subject to her will anddisposal
I give to my Friends James English James R. Law Elias Durant and John Bradley in Trust for the purposes below names (viz) The Proceeds of the Crops Made on the Plantation (afterpaying all the Expenses thereto attached Such as feeding ClothingTaxes & Phisicians Bills of the Negroes). to be and Remain forthe Sole and Separate use and Benefit of my Son Irby S Wells duringhis Natural Life and after his death. I give the Same in liked formand Manner to his Children. In making this declaration of Trust myobject is to Render the Property and Estate intended for the use andBenefit of my Son. Not either directly or indirectly subject to anyDebts which he may owe at the Time of My Death or at any other timeand the Right & Title of my Estate both Real and Personal notSubject to his Disposal in the way of Sale or Gift in any form orManner.
The Personal Property given in Trust I wish Keptand employed upon the Plantation where I reside. Should my Son Diedwithout Child or Children who shall Marry or attain the age of twentyone years. All the Estate Real & Personal given in Trust to mySon & his children I wish equally divided between the TwoDaughters of my Brother William Wells and in Case of their Deathwithout child or children who shall marry or attain the of Twenty oneyears. I wish the Same equally divided between the Children of mySister Mary Downing.
Out of the Proceeds of the Trust estate aboveCreated I wish paid at the Commencement of each year into the handsof the Trustees for the Methodist Episcopal Church known by the nameof Nells Meeting House. the sum of Twenty Dollars to be by themappropriated to the exclusive use of the Church in such manner asthey may think most usefull
My Silver Watch I give to my son Irby S.Wells.
I finally appoint My Friends James English JamesR. Law Elias Durant John Bradley and my Son Irby S Wells, Executorsof this my Last Will and Testament and it is my wish that my Friendsabove names as Trustees in Case one or more shall decline to act asTrustee that the Remaining Trustees will appoint other Men in whomthey may have confidence to act as Trustees in place of those who Maydecline So to act and in Case of the Death of any one of the Trusteesabove named it is my desire that the Surviving Trustees will appointsuch Person as they may think Proper to act in his place this 31stAugust 1830.
Tho. Wells (SEAL)
Signed Sealed & acknowledged)
in the Presence of us)
Will H. Bowen
M DuBose
M M Levy
Signed Sealed Published and Declared by the SaidTestator as and for his Last Will and Testament in Presence of us whoat his Request in his Presence and in the Presence of each other haveSubscribed one named as witnefs thereto.
Will H Bowen
M Dubose
M M Levy
Recorded Will Book D 1, Page 1.
Recorded February 3rd, 1834
William Potts, Sen. Ordy. S.D.
Bundle 104 - Package 17