South Carolina
Sumter District
Know all men by those presents that I
Charles Spears citizen of the District and Stateaforesaid being now of sound mind memory and understanding, do makeand publish this my last will and testament in manner and formfollowing viz.
In the first place it is my will and desire thatall my lawful and just debts be paid by my executors hereinafternamed out of my estate. It is also my will and desire that allmy lands be divided into three equal lots or parcels in the mannerfollowing viz. All the land which I own on the west side of the roadleading from Stateburgh to Camden including fifty acres which Ipurchased from Francis Boykin adjoining Thomas Halls land shallconstitute lot number one. All the other lands which I purchasedfrom the said Thomas Hall in the north west side of the said road shall constitute lot number two. All my lands with the buildingsthereon situated on the east side of the said road shall constitute lot number three. It is then my will and desire that the aforesaidthree lots or tracts of land be appraised and valued by any number ofreasonable men who may be acquainted with the value of lands that mythree heirs at law or those three of my nearest of kin who by law maybe intitled to my estate shall draw by lot for the aforesaid threelots of land and that they and their heirs shall have the sameforever; provided that those who may draw that lot or lots which maybe of greater value should share be a difference in their value,shall pay to those who may draw the lot or lots of less value thedifference that these may be in their respective value.
My two lot with the building thereon in thevillage of Summerville I give and bequeath to my youngest daughterAdelaid and her heirs forever. I also desire that my executorshereinafter named shall let the said lots on rent annually and themoney arising therefrom to be put to interest accrued by good andsufficient security till my said youngest daughter arrives at theage of twenty one years or married then the said lots and the moneyaccruing from the rent and aforesaid to be paid over to her or to herhusband should she be married. It is also my will and desire thatMrs. Elizabeth Wilson who now lives on a part of my land be permittedto live upon and cultivate thrity acres of the same during herantural life free from all rent and charges.
It is also my will and desire that my negroes bedivided into three lots or parcels as follows viz. Lot number oneshall contain Ted, Munday, July , Stephen, Briston, Sarah, Pussey,Dinah, Buckey,Albert, lot number two shall contain, Jacob, Kitt, Guy,Cilus, Limbrick, Hannah, Little Hannah, Rose, Betty and Martha. Lotnumber three shall contain Snow, February, June, March, Silvy, Coy,Violet, Liddy, Charlotte, and Harriet.
It is my will and desire that these three lots ofnegoes may be valued by any number of reasonable men appointed by myExecutors, that my three heirs at law or those three of my kindredwho by law mayu be intitled to the same, my draw by lot for theaforesaid three lot or gangs of negros and that these who may drawthe lot or gang of most value shall pay over the difference of valueto those who may draw the lot or gang of less value.
It is also my will and desire and I request thatthe lot or gang of said negros that may fall to my said youngestdaughter Adelaid, may at the beginning of each year after my death behired out and the money arising therfrom be put to interest accuredby proper securities until she arrives at the age of twenty one yearsor marries,then the said negros with their natural increase and alsothe nomey arising fromt heir hire an aforesaid to be delivered to heror to her husband if she should marry.
It is my will and desire that all my household andkitchen furniture may be divided as nearly as may be into three equalparts or lots and given to my three heirs at law as aforesaid at suchtimes after my death and in such equal portions as their respectivesitualtions in life may require. It is also my will and desire and Ido hereby give and bequeath to my sister Mrs. Sarah Dubsoe one horsecalled the big bay and also my riding chair and harnus to her and herheirs forever.
It is also my will and desire that my said sisterdo remain in and occupy my dwelling house, garden and out houses forone year next after my death and also to be furnished by my executorswith all such provisions as she may reasonable require and myplantation afford.
It is also my will and desire and I do herebyrequest that my executors do pay to my said sister the sum of fivehundred dollars out of any monies belongin to my estate immediatelyafter my death.
It is also my will and desire that all my stock ofhorses, horned cattled, hogs sheep and so forth, may be sold at thediscretion of my executors and the money6 arising therefrom to bedivided into three equal parts and paid over to my three heirs at lawwho by law may be intitled thereto. It is also my will and desirethat one waggon and harnes together with all my plantation tolls maybe sold by my executors and the money arising therefrom divided intothree equal parts and pait out to my three heirs at law asafresaid.
I have upwards of four thousand dollars in cashnow in the hands of Duke Goodman of Charleston, and one thousanddollars and upward now in the house of these two sums of ready moneyit is my will and desire that the sum of fiteen hundred dollars belaid out and expended on the proper education cloathing andmanitaining my said youngest daughter Adelaide.
I have sixty bails of cotton now on theplantation, it is my will and desire that they be sold and theproceeds therefrom arising to be equally divided amoung my threetheirs at law afresaid together with the balance of money that may bein Duke Goodman's hand and in the house after paying the aforesaidlegacies to my youngest daughter and sister aforesaid. It is also mywill and desire that that part of the estate of the late ThomasHarvin deceased now in the hand of Samuel Harvin and to which I maybe lawfully intitled, may be sold by my executore and the moneytherefrom arising to be equally divided between my three heirs at lawor next of kin as aforesaid.
It is also my will and desire that my executorsdo immediately inquire into the situation of the late Richard Rogersof Colleton District, who was the full brother of my first wife andif I or any of my children be lawfully intitled to the whole or anypart of the same, that my executors, do recover it and pay it over tothose of my heirs at law who may be intitled thereto.