In the Name of God amen I Wood Furman of St.Marks Parish in Craven County in the State of South Carolinaconsidering the Transitoriness of Life Do make and ordain this mylast Will and Testament, (being at this time of Sound and Disposingmind, memory, Judgement and Understanding) that is to Say, it is myWill that all my Just Debts be well and truly Satisfied and paid outof my estate within Some Convenient time after my Decease by myExecutors hereinafter named.
I give and bequeath unto my well beloved wifeRachel Furman During her Natural life one Tract of the Two hundredand fifty acres of Land lying in Craven county aforesaid on bothSides of Beech-Creek granted unto me by William Henry Littleton GOV.Lt. in and over South Carolina aforesaid, together with all myhousehold furniture, Six milch cows, all my horses, the one half ofmy Stock of hogs, Ten Ewes and one ram, the one half of all myfarming Utensils; and the Use and Service of my Negro man Sirrah andnegro man Glasgow and negro Woman Jinny and her Issue, during thetime she shall continue my widow; and in case of her remarriage, thenit is my will, that She Shall keep the Said Sirrah, Glasgow andJinny, but that the Issue of the Said Jinny Shall be equally Dividedbetween my Children or, the lawful heirs of their Bodies altogetherand in case of her never marrying again, it is my Will that whatthere shall remain of what I have herein given to my Said wife at thetime of her Decease Shall be equally Divided among my Children ortheir lawful heirs as aforesaid; but in case my Said wife Shall notaccept of what I havein before given and bequeathed unto her in lieuof all Dower & right of Dower, but Shall claim and insist uponhaving the one third part of all my Lands and other Effects, then andin that case I do hereby rescind, revoke and hereby make void all andevery Gift, (*Original torn and unable to read it)----------------
Item. I give, Devise and bequeath unto my sonJosiah Furman one Tract of land lying in St. Marks Parish aforesaidwhich I purchased of Bernard Beakman containing Five hundred andFifty Acres (be the same more of less) bounding to the South-crest onwaterres-River, to the North crest (when granted on Durant Land nowbelong to the Estate of James Possot Deceased, to the South East onland which I purchased from Tinnis Tisbont, to the North east on Landwhich I purchased from Samuel Barot, with the line which runs betweenthe Said Lands purchased between from the Said Beakman & Tisbontto be containued so far into the land which I purchase from the SaidBarot until it Shall come to the out side or upper fence of the fieldcleared therein, and from thence to run North Thirty Degrees West toBeech creek aforesaid together with what Lands I am possessed of andare joining on the North-east side of the Said creek providednevertheless, my Said wife Shall have the use and Benefit of thatpart thereof which I herein before bequeath unto her, She complyingwith the stipulations in the said bequeath herein-before mentioned,during her Natural Life.
Item. I give, Devise and bequeath unto my sonRichard Furman and to his Assigns for ever the Tract of land which Ipurchased from Tinnis Tisbon containing Five hundred acres Lying andbeing in St. Marks parish aforesaid and also all the remainder of theTract of Land of Five hundred acres which I purchased from SamuelBarot and not herein before bequeathed (unto my Son Josiah Furmanaforesaid), and also that part of the Tract of Two hundred and Fiftyacres of Land herein before given to my Said wife during her NaturalLife which Lyeth on the South-East Side of Beech Creek aforesaid,provided She Makes no Demand of Dower or Thirds of my Lands or otherEstates, which if she does not, then she shall have the use andbenefit thereof Notwithstanding for and during the Said Terms of hernatural life as aforesaid.
Item. I give, devise and bequeath unto myDauaghter Sarah the Wife of Henry Hayneworth (one Tract of Landcontaining Five hundred Acres be the Same more of less in St. MarksParish aforesaid which I purchased from Thomas Evans Esq Lying at aplace known by the name of the Bush-ponds; also One other Tract ofLand lying in St. Marks Parish aforesaid bounding to the West andNorth on Durant Land, to the East on Land of John Fullerton, to theSoputhj on land laid out for Ruben Ross and was said to belong toRobert Green, and partly on Land of the Land of Reverand Olava(*?notsure hard to read) Hart, containing Five hundred Acres (be the samemore of less) which I purchased from Joseph Fogartis for during theterm of her Natural Life; and after her Decease, the five hundredacres of Land above mentioned to ly at the Bush-ponds I give to herSon Richard Haynsworth and to his Heirs and Assigns forever; and theother five hundred Acres of Land purchase from Joseph Fogartis. After her Decease I give to her Son Henry Haynsworth and to his heirsand Assigns forever, but in case either of her Said Sons Henry orRichard Shall happen to Depart this Life, before my Said DaughterSarah, without leaving any lawful issue of his body together, then Ido hereby authorize and Empower my Said Daughter Sarah to give hisland (herein before given and bequeathed to him) to any child orchildren she may have of her body lawfully begotten to him, her orthem by (*note saying unable to make this word out), Deed or will totake place after her Decease, and to him, her or their (to whom sheshall so give and bequeath it) heirs and Assigns forever; and inDefault there of I give, devise and bequeath the Said Land (*tornfrom Original will) my Said Daughter Sarah & her right heirs andto their heirs and Assigns forever.
Item (*Torn from Original Will) Will that allthe other lands and personal estates not herein Given (*Torn fromOriginal Will ) shall be Sold for the most money that can or may begot for them by my Executors herein after named, and the moneyarising from the Sale thereof be applied towards the payment of myDebts, and to enable my Executors to Sell and Alien in fee-simple allthese Lands which I have not herein before given and bequeathed, forthe doing, executing and perfect finishing whereof, I do by thesepresents give, grant, will and Transfer to my Said Executors and totheir Executors and Administrators, full Power and Authority togrant, Alien, Bargain, Sell, Convey and Assure all my Lands Lying andbeing in any place or places whatsoever, (and not herein before givenand Devised ) to any person or persons and their heirs forever inFee-Simple, by all and every such lawful, Ways and means in the lawas to my Said Executors, or to their Executors or to their Counsellearned in the law Shall seem fit and Necessary.
Item In case the Lands and personal Estatewhich I have ordered to be sold by my Executors should amount to morethan sufficient to discharge by Debts, it is then my Will, that theSurplus Shall be Equally Divided between my Said wife and childrenand in case it should prove to be Deficient, then it is my Will thatmy Sons Josiah Furman and Richard Furman Shall pay the Deficiency inequal portions.
And Lastly, I Nominate, Ordain and Appoint mySaid beloved wife Rachel Furman Sons Josiah and Richard Furman andDaughter Sarah Haynsworth Executrixes and Executors of this my lastWill and Testament and I do hereby utterly Disallow, Revoke andDisannul all and every other and former Will, Legacy, Gift andBequest by me at any time heretofore made, Allowing ratifying andconfirming this and no other to be my last Will and Testament. InTestimony whereof I have hereunto subscribed my name (the whole beingmy own handwriting) and affixed my seal the Fifth Day of August inthe Year of our Lord One Thousand Seven Hundred and Seventy Seven inthe second year of American Declaration of freedom.
Signed, Sealed, & published, pronounced andDeclared by the Said Wood Furman to be as his last will, andTestament in presence of us the Subscribers--------------
Sheet 1st 5th (time) line 12th (the) line 17th(her) interlined torn out of original will ) 26th a word rased, line207th at end (with) rased, 29th (are 33rd (Devised) and (for ever)line (Torn out of original will) interlined, XX
Sheet 2nd line 14th at end. (his) erased, line19th (Estate) and line 21st (to) interlined, This sheet line 4th(other) interlined, line 5th a word rased, before Sealinghereof-----------------
John Howton Sen
John Howton Jr.
Ann (her mark) Howton
CODICIL TO THE LAST WILL OF WOOD FURMAN
A Codicil to the Last will and Testament of WoodFurman Esq. of Camden district in the State of South Carolina Havingin and by my last Will given to my Son Josiah Furman the Tract ofLand which I bought from Bernard Beakman and what is Included withinthe clearing (up to the fence) whereon I now Live, and in my SaidWill having given to My beloved Wife Rachel Furman that Tract of Landof Two hundred and Fifty Acres granted to me by Wm Henry LyttletonGov do for and during the Time therein mentioned, but on MatureConsideration think Proper to make this Alteration in my Said WillVis It is my Will that my Said Wife shall have the Clearing with allthe buildings and Improvements whereon I now live during the time Sheshall continue my Widow with Privilege of having her Creatures to runin the Swamp, and to Cut Timber for Building on the plantationFencing & Firing without Impeachment of Waste on any of myLands.
And that my Said Son Josiah Furman may take intohis Possession the land Lying on the North Side of Beech-Creek thoughContained in the above mentioned Two Hundred & Fifty Acres; andhave Privilege to Erect a Mill on the Creek and if my Son RichardFurman is minded to join with him in erecting a Mill thereon he Shallhave a Right so to do they being at Equal Expense in Building theSame and Shall have Equal Share in the profits arising therefrom; butif either of Them Shall refuse to Build the Said Mill the other maydo it and he that refuses to do it be Excluded from any benefitaccruing from the Same; and this I do hereby ratify and Confirm aspart of my Last will and Testament. Likewise Confirming my Said LastWill in all things therein Contained and not hereby Altered. InTestimony whereof I have hereunto Set my hand & Seal this TwentyFourth Day of July in the Year of Our Lord One Thousand Seven Hundred& Eighty Two and also Annexed the Same to my Said Last Will andTestament.
Signed Sealed Pronounced & Declared by theSaid Wood Furman as part of his Last Will & Testament in thepresence of us the Subscribers&emdash;the Testator also Signed hisName on the Margin of each sheet of the Annexed Will in Confirmationthereof in our presence
James Rembart Wood Furman (SEAL)
Jacob Chambers
John Wesburg
(Not recorded in Will Book)
Bundle 119 Pkge 14
* indicates notes written by transcriber