Will of James G.
Spann
Lowndes County
(Alabama) Will Book C
Pages 82 - 83
Know all men by
these present, that I, James G. Spann, of Sumter District and State of South Carolina, being of sound
mind, but conscious of the uncertainty of
my life, not only from bodily disease, but from additional danger of War, do now
and hereby make my Last Will and Testament.
I appoint my
brother Ransom d. span my Executor. In
the event of his death
before my children
shall all of them reach the age of twenty-one years, I name John Nunn (?) to
succeed him as my Executor, and in the event of his death before the time
named, then I name Richard C. Richardson, the husband of my sister, Eleanor, as
his successor as my Executor, and they shall administer on my Estate, in the
order in which they are named, and on the same conditions as they have named my
Executors.
I desire that my
Negroes, after having been divided, shall be worked together as now, and the
proceeds of their labor to be divided among the Heirs, in proportion to their
share in the whole of my Estate, and the over plus of my children's portion of
such proceeds, after a liberal allowance for their support, clothing and
education shall each year during their minority be placed at the disposal of my
mother, Mrs. Leonora Spann, so long as she may find use for it.
I am fully
satisfied that the land of which I am possessed as joint owner with the other
Heirs of my Father's Estate, cannot be divided with justice to all the heirs. I therefore leave the arrangement of this
part of my Estate to my brother Ransom D. Spann, in all confidence that full
justice will be done.
I particularly
desire, however, that no action shall be taken to effect the
division of these
lands, which might force them out of the hands of the present owner. I would here suggest to my brother, Ransom,
three alternatives, to-wit:
1st: That he become the purchaser of my portion of
said land, in which case he will see that the Negroes and other property of my
wife and children properly located on other lands which he shall purchase for
them.
2nd: That my Estate shall purchase his portion of
the aforesaid undivided
lands.
3rd: That my Estate and my brother, Ransom, become
joint and equal owners of the whole of the lands left by my father, and of the
other lands since added to his Estate, and that my mother retain a life interest
in the whole of said land, with all the rights and privileges she has
heretofore enjoyed.
In the event of
either of the two last alternatives being adopted, I direct that my Negroes
first having been divided as hereinafter directed, shall remain on the place as
heretofore except that I wish them to occupy one settlement to themselves, that
they may be cared for by their owners, and thus become identified with them.
I furthermore
direct that as each of my sons shall attain the age of twenty-one years, his
portion shall be divided to him, all except land, which shall be
purchased for him
by the other Heirs successively left as Minors, until my wife becomes the sole
owner, always provided she remain unmarried.
Should my wife not
desire to be come the sole owner, however, then my eldest son, James, shall
become the purchaser if he desires it. And ff he declines purchasing it, then
each of my younger sons, the elder having precedence, shall have the option of
becoming the purchaser; and if all the children decline, then the said land shall
remain n the possession of my youngest living child, and should either of my
children die before reaching the age of twenty-one years, or without heirs, the
portion of such one land, Negroes and other property shall be equally divided
between the surviving children.
I bequeath to my
wife, Elizabeth E. Spann, to hold in her own right so long as
she shall remain
my widow, the following named Negroes, to-wit:
Mariah, Marcus,
Edward, Charles,
Henry, Eliza and the children which Sarah may have, Betty and her children,
being given to my wife by her grandmother.
I regard them as her own in divided property and desire them to remain
as such. I also bequeath to my wife my
interest in Paul and Charlotte and their children, and as I know her desire to won
my last named family, I hope my brother Ransom will allow her to purchase his
interest in the said family, that she may thus become the sole owner.
The carriage and
horse now in her service shall remain her property. I further more bequeath to my wife two-sevenths of all land,
moneys and other property of which I may be possessed at the time of my death,
should my wife, the said Elizabeth E. Span marry again, however, the n the
property herein before bequeathed to her, lands Negroes and other property
shall revert to my children, to be equally divided among them.
In the event of my
wife marrying again, I provide for her as I should have done for my beloved
daughter had God spared her to me. That
is, Betty and her children shall remain her property, having been given to her
by her grandmother, and I bequeath to her such an amount of money as will
together with the value of Betty and her children be equal to one-sixth of the
value of my whole Estate.
The said money to
be paid to her by my Estate in such manner as shall be deemed best or the
interest of all parties by Executors, but at as early a period as shall be
possible, and my whole bequest shall be settled on her an her heirs forever.
After the bequest
to my wife, I wish the whole of my remaining property both in Alabama and in
South Carolina to be appraised and equally divided, and equally divided in
accordance with such appraisement between my five sons, namely James, Charles,
John, Ransom Davis, and Edward. But in
the division of my Negroes, families shall be kept together, and any inequality
in value of the different portion shall be made up in money.
To provide against
accident from War, I direct that the division shall not be
made until peace
shall have been established, and should my lose by the enemy, the Negroes
bequeathed to her, I devise that she be placed on an equality with the children
and share equally with them such property as shall be left to them.
The Negroes from
my grandfather's Estate and also Susan and her family must necessarily be
divided before the division of my own property can be affected.
I leave to my son
James my sword and my watch, to my son Charles my Pistol and to my son John I
leave the stud I habitually wear, to my son Edward I leave my bridle bit, so
that if these articles can be preserved, such of my sons will have a part of
those things that I carried on the field of battle.
Signed by my had
and sealed with my seal this third day of May, in the year of our Lord, One
Thousand Eight Hundred Sixty-four, and the forth year of the War for the
Independence of the Southern Confederacy, an in the presence of
Witnesses: James G. Spann
(Seal)
Isaac N. Tenor
Saml Bradley
W. B. Murray
Whereas, I find
that I have neglected in my Will to provide my wife, Elizabeth E. Spann, with a
home, I James G. Spann, of Sumter District and State of South Carolina do now,
and hereby add a Codicil to my Will and do hereby set aside anything contained
in said Will, so far as it shall conflict with what is herein directed: In all else the said Will shall preserve its
full force and effect.
I bequeath to my
wife, Elizabeth E. Spann, all my right and title to lands and
residence known as
the Woodstrack, and also of that tract known as Spivey Field, the last named
tract being owned by my brothers jointly, and equally with myself, though the
title is drawn in my name. The first
named tract being undivided property of the Estate of James G. Spann, my
father, both situated in the above named District and State. The said lands and residence to be hers to the
full extent if my interest in them so long as she shall remain my widow. Should my wife marry again, then what has
been directed in my will to be done in that event shall equally bear upon the
bequeath, and it shall revert to my children to be equally divided among them.
I direct that my
brother, Ransom D. Spann, shall be secured in his half interest in the above
named Spivey Field tract of land, I having neglected to transfer the said half
interest, which he is justly entitled to, having furnished half of the purchase
money. Should Military duty prevent my
brother, Ransom D.Spann, from administering on my Estate, said Ransom D. Spann
is permitted to assume the administration as is directed in my will. The word with is stricken out by my own hand
from the second line of the above bequest.
Signed by my own
hand and sealed with my seal, this fourth day of May, in the year of our Lord,
one Thousand Eight Hundred and Sixty-Four.
Witnesses:
James G. Spann (Seal)
J. Sinclair Moore
M. a. Moore
W. B. Murray
State of South
Carolina
Sumter District
In Ordinary
I do hereby certify
that the foregoing instrument of writing contains true
copies of the Last
Will and Testament and codicil of James G. Spann, deceased, as on file and
recorded I this office.
Given under my
hand and seal of office this the 5th day of December, A.D. One Thousand Eight
Hundred Sixty-four.
Noah
Graham,
Ordinary
of Sumter District
The State of South
Carolina
By His Excellency
M. S. Bonham,
Governor and Commander-in-Chief in and over the State aforesaid
To All Whom the
Presents Shall Concern:
Know ye that Noah
Graham, whose seal and signature appear to his certificate on the copy Will
hereunto annexed is and was at the time of signing Judge of the Court of
Ordinary for Sumter District, and as such by law entitled to the custody of the
original Will and records of said Court, and that his signature is genuine and
certificate in due form of law.
Therefore, all due faith, credit authority is and ought to be had and
given to his Proceedings and Certificate as such.
In testimony
whereof, I have hereunto set my hand and caused to be affixed the Seal of the
State, in the City of Columbia the Eight day of December, in the year of our
Lord, One Thousand Eight Hundred Sixty-four, and in the 89th year of the
Sovereignty and Independence of the State of South Carolina
By the
Governor: M. S. Bonham
Wm. B. Huntt, Secretary of State