I, John Ouldfield Heriot of Sumter District andState of South Carolina Planter, to make ordain and declare, thisinstrument which is written with my own hand, and subscribed with myname, to be my Last Will and Testament, revoking all others. First;I direct that all my debts be paid; After that, I dispose of myproperty in the manner following Vis to my wife Martha Ann Heriotand her Heirs and Assigns forever, I give the Negroes vis Charlotte, Newry, Nanny, Amy, Letty, Bella, and Hester, together with theirpresent and future increase, being all those now alive, which Ireceived as my said Wife's portion of her Father's Estate; To mysaid wife I also give my best carriage, the harness, and a pair ofCarriage Horses, and all my household and kitchen furniture, exceptso much of it as is herein after disposed of
Vis: First my two Damask Napkins marked W.H, myDamask tablecloth marked F.H, and which were manufactured on myParental Grandfather's farm, my Books and musical Instruments, mySwords and Fire Arms, my Maternal Grandfather's Portrait, and my ownPortrait, my Gold Watch and all of its appendages which was myFather's, my Gold Ring, wrought with my Paternal Grandfathers and Grandmother's hair, my Gold Breastpin wrought with my Father's hair,my Gold Sleeve Buttons, and my Gold Collar Stud marked F.O.H., myGold Ring which was my Maternal Grandmother's wedding Ring, mySleeve Studs which were also my Maternal Grandmother's, a pearlCollar Button, which was my Paternal Grandfather's, together withall other jewelry, I give to my children, to be divided among, anddelivered to them by my Wife, in the manner she may think mostproper, and as they may best deserve -- -- Second to my wife I alsogive for the term of her natural life my Silver Waiter and SilverPepperbox, which were my Maternal Grandfather's, my Silver SoupLadle, twelve Silver Tablespoons, and two Silver Saltspoons, markedHeriot, my twelve Silver Tablespoons, and two Silver Saltspoons,marked with the Heriot Arms, my twelve Silver Teaspoons and SilverSugar Tongs marked F.O.H., and my Six
Silver Teaspoons unmarked, together with all otherPlate of which I may die possessed of;
At and after the death of my said Wife, I givethe articles of the last preceding bequeath to my Children, to beequally divided among them -- I likewise give to my said Wife, aChild's part or portion of the net annual income of my Estate, forand during her widowhood, which part of the annual income of myEstate, my Executors will pay into the proper hands of my Wife, annually, and which may then be by her dispose of as she may thinkproper--
To the first of my children who shall attain theage of 21 years or marry, I give my Malattoe [sic] Woman Sally, (whowas born in May in the year 1802) now in the care of my brotherRobert Heriot in Georgetown, with a request, that he or she as thecase may be, will immediately emancipate her according to law, anduntil one of my Children shall take this Legacy, it is to be in thehands of my Executors, subject to such directions, as I may by any writing under my hand appoint -- In and to the Legacies of Plate andJewels, herein before given to my Children, I will that they bejoint Tenants, each to take a separate use during life -- -- and anequal right of survivorship, to parts of any of my Children, whichshall die without leaving issue -- I give and bequeath the wholerest and residue of my Estate, both real and personal to my Childrento be managed by my Executors for them, share and share alike, asthey respectively become of age or marry -- But if any or either ofmy children should die, before becoming the age, or without leaving Husband, Wife, or lawful issue surviving, all that I have hereinbequeathed to such Child or Children, and their parts or shares ofLegacies, I give to my surviving Children -- the Legacies hereinbefore given to my Wife, I give intend they should go in lieu ofDower, but in case my Wife should die before me, then her Legacies,are to go and be disposed of as the rest and residue of my Estate isbequeathed -- I do hereby give power to and authorize my Executorsto regulate my expense attending my children, until they are of age,or marry.
And as my ardent wishing desire, that everyattention should be paid to the education of my Children and that myExecutors should aid, and assist my wife, and directing the same ---- lastly I constitute an appoint my brother Robert Heriot, John B. Miller, William W. Anderson, Samuel J. Murphy, Roberts JBrownfield, John William Brownfield, Henry Vaughan and my Sons, as they become of age Executors of this Will and Testament.
In witness of all and each of the things hereincontained, I have set my hand and Seal this tenth day of August inthe year of our Lord 1830, and of the Independence of United Statesof America and the 54th -- --
Signed, Sealed and acknowledged
In the presence of --
the following interlineations
in erasures made before signed --
the words of erased in the third line secondpage
the word years interlined in the 14th line secondpage
the word shall interlined in the 19th line secondpage
William H. James
Cyrus Moore
B. Good John O. Harriet(seal)
Mssrs Robert Heriot, John B. Miller, William W.Anderson, Samuel J. Murray,
Robert J. Brownfield, John W. Brownfield, HenryVaughan, and my Sons.
Gentlemen August10th 1830
Until one of my Children take myMalattoe [sic] Woman Sally agreeably to my intention as is expressedin my last Will and Testament -- it is my wish, that my brotherRobert Heriot in Georgetown, should as heretofore, continue to hireher out, to some human person of good character as a House Servant,who is not to put her in any laborous employment, giving apreference to the Gentlemen to whom she is now hired, and who is theowner of her husband, on any terms unto which he may be willing tokeep her, as the prize in this case is not to be regarded -- and iffrom ill health, or any other cause, she may not be able to supportherself, my Executors are requested to provide a support for her outof my Estate -- Witness my hand
John O.Heriot
(Recorded in Will Book D1 p. 294)
Recorded 11th Dday of March 1833
William Potts Ordy
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