WILL OF JOHN WITHERSPOON
SOUTH CAROLINA
SUMTER DISTRICT
I John Witherspoon being of sound memory of a disposing mind & understanding do make & declare this my last Will and
Testament. In manner following Viz. Iprimis I Will and bequeath unto my Son John Witherspoon a negro woman named Binky
& her Six Children which I allow to be his full share of my estate personal. Also one tract of Land being the Land
which I got from him which I allow to be his full share of my estate both real & personal.
Item 1. I will to my daughter Mary Frierson a negro Woman named Salina & her child named Tom with the future issue of Salina to be hers at her own disposal.
Item 2. I Will and bequeath unto my daughter Rebecca Mayes the house & plantation whereon I now live to be hers during her natural life and at her death to descend to her living issue but should she die without leaving a living Child or Children it is my wish that the land be equally divided between the children of my Son, John M. Witherspoon
I also Will unto my daughter, Rebecca Mayes, the following negroes. Viz. March, Kate, Mary, Peg, Fay, and Tillman.
I also will & bequeath unto my daughter Rebecca Mayes for & in consideration of her particular attention to me in my infirm State of health, since her Mothers death, One negro Woman named Fanny all my kitchen furniture. All the Clothes in the house marked in her name. Also three feather beds which is also marked with her name
Item 3. It is my will & pleasure that the whole of the remainder of my estate both real & personal and otherwise disposed of be divided amongst my three living Children Viz: Mary Frierson, Samuel McBride Witherspoon, Rebecca Mayes & the Children of my daughter, Ann Fulton (the Children of my daughter Ann Fulton receiving the one fourth part of the Same) to be equally divided among them but in case any of the Children of my daughter Ann Fulton should die before marriage or the age of twenty-one years, then, their part to be equally divided among the surviving children.
It is nevertheless my will & pleasure that the part of the said remainder of my estate which may fall to my daughter Mary and Rebecca shall be theirs during their natural life and shall descend to their issue at the time of their death. I will and bequeath unto my Servant Kate five acres of land on which her house stands and ten dollars annually out of my estate during her life.
Lastly, I appoint my son-in-law, John M. L. Mayes, my son-in-law, Samuel E Fulton and William McIntosh, Esq-
Executors of this my last will and testament allowing to William McIntosh the sum of Forty dollars for his trouble in acting on this my will. In witness whereof I have hereunto set my hand and seal this thirteenth day of November Anno Dimini one thousand eight hundred & twenty-two
Sealed, Signed, Published & declared
John Witherspoon [Seal]
In presence of - - -
William H. McIntosh
James Gamble
Wm McIntosh
Recorded Will Book A, Page 43
Recorded May 19, 1823
William Potts, Ordy
Bundle 104 Package 8