Will of Samuel Nelson

I. Samuel E Nelson of Sumter district South Carolina, Planter, being of Sound mind, do make this my last will and testament as follows, to wit,

First, I give, bequeath and devise to my beloved wife Amarintha C Nelson, the use of my Acton Plantation near Statesburgh for and during the term of her natural life while she is a widow, and from and after her marriage or death to be disposed of as herein after directed and also for the same term of time all my household and Kitchen furniture Poultry, Carriage and two carriage horses, Hogs and Cattle, Sheep and the provisions at the above Plantation at my death, She is not to be accountable for any part of the above personal property that, does perishes or is consumed or worn out in the use---

Secondly I give and bequeath unto my said wife all the negroes that may be on my Acton place at the time of my death, during her natural life or widow hood. I also give and bequeath to my said wife the sum of Fifteen hundred dollars to be paid to her annuallyduring her life on the first day of January in each and every year also all the Plantation tools, waggons, carts, work horses and mules on my Acton Place at my death for her widowhood or natural life, she is not to be accountable for such part thereof as may die perish, be worn out or consumed in the use.

Thirdly‑My Son James M Nelson having been provided for by me is not to have any further part of my estate, but as may be hereinafter mentioned.

Fourthly I give, bequeath and devise to my Sons Patrick Henry Nelson and Samuel Warren Nelson all my real estate on Santee in Clarendon County as hereinafter discribed between them and their heirs forever, to be divided as follows To Patrick Henry Nelson. That part of my Santee Plantation called Indigo Hill on the west side of a line deliniated on a plat of the dividing line, which plat is made and certified by Stephen H. Boykin D Surveyor on the twenty second

day of December A D one thousand eight hundred and forty three and hereunto annexed and forming a part of this my last will and testament. To Samuel Warren Nelson, that part on the easten side of said dividing lineline, and called in said plat Goshen Plantation also all the Cattle, Hogs, previsions, work horses Mules, Plantation tools on the said Indigo Hill and Goshen plantation, at my death to be equally divided between them, share and share alike also I devise to my said sons Patrick Henry Nelson and Samuel Warren Nelson forever, after the marriage or death of my said wife my Acton Place to be equally divided between them---but should either of my said two sons die leaving no children or child, grand children or grand child at the death of either of them, the part of the one so dying to the survivor of my said two sons.

Fifthly. I give and bequeath to my Grand son, Samuel Nelson Burgess the sum of Five thousand dollars to be paid to him at the age of twenty one years if he so long live, with out interest before that time.

Sixthly, I give, bequeath and devise to my sons James M Nelson, Patrick Henry Nelson and Samuel Warren Nelson and the survivors and survivor the following lands and negroes in trust as hereinafter set forth and declared, to wit Two tracts of land purchased by me at Commissioner Equity for Sumter district Sales of real estate of Jas H McKnight deceased, also one small tract adjoining the above land purchased from the Sumters containing twenty three acres also fifty negroes, if there be so many on the above land and if there are not so many settled thereon or attached thereto, then the said number of fifty negroes to be made up from my Indigo Hill & Goshen Plantations, and the work horses Mules, Plantation tools, Cattle, Hogs, sheep and provisions on the above last mentioned three tracts of land, To and for the uses, limitations and trust as follows, To and for the sole and seperate use benefit & support of my daughter Camiller Agness Nelson, for and during the term of her natural life, whether she be single or married, and from and after the death of my said daughter, then in trust, to be equally divided between such children or child as the said Camella A Nelson may leave alive at her death But should any children or child that she may have die in her life time, then and in that event, the issue of the deceased children or child to take the part which their deceased parent would have taken had they he or she survived my said daughter Camilla A Nelson In no event is these lands, negroes

and other personal property to be liable to the debts, contracts and incumbrances of any husband my said daughter may ever have--- But should my said daughter die leaving no children, child, grand children or grand child then, the land and personal estate mentioned in this clause of this my will and testament; to be equally divided between my said three sons, sheare and sheare alive, Freed from all limitations trent and uses forever

Seventhly. The rest, residue and remainder of my estate whether real or personal. I give, bequeath and devise to my sons Patrick Henry Nelson and Samuel Warren Nelson forever. Provided neverthelefs should either of my said two above named Sons die leaving no children, child, grand children or grand child then the part or share of the one so dying taken under this clause of this my last will and testament, be equally divided between the survivor of them and my son James M Nelson, share and share alike forever---

Eightly. My estate is not to be divided before my son Patrick Henry Nelson becomes of age, should he die before he become twenty one years old, then the same is to be divided when my daughter becomes twenty one years of age‑‑My acting Executor hereinafter named is hereby authorised and empowered to appoint in writing under his hand Five respectable Freeholders from time to time as may be necessary, any three of whom may act, to divide my estate agreeable to the provisions hereof---

Ninthly I do hereby nominate and appoint my son James M Nelson Guardian of my Sons Patrick Henry Nelson and Samuel Warren Nelson and my beloved wife to be guardian of my daughter Camilla A Nelson, during the widowhood of my wife---

Tenthly The surpluss income of my estate (if any) before the division there of after paying the annual annuity to my wife, expences of my daughter and two sons, Patrick Henry and Samuel Warren to be vested in Bank Stock, or loaned out--- I wish my minor children when not off at school or College to reside with their mother---

My estate real and Personal herein given to my children is to be before division and also after division to be liable to the annual payment of Fifteen hundred Dollars to my wife.

Eleventhly I do hereby Nominate and appoint James M Nelson Patrick Henry Nelson and Samuel Warren Nelson, the two last when they come of age Executors of this my last will and testament. But only one is to act at a time and the order they are named

In Witness whereof I the said Samuel E Nelson have hereunto set my hand and Seal to each sheet my seal only to the last sheet‑‑This twenty fifth day of March in the year of our lord one thousand eight hundred and forty five

Sam.l E Nelson (SEAL)

Acknowledged in our presence by Samuel E Nelson his name being to each sheet hereof and

signed by us at his request, & in his presence as Witnesses

John Walson

W. E. Richardson

John B Miller

Recorded in Will Book D-2, pge 397

Recorded Nov 3rd 1852

W. Lewis Ordy.

Bundle 135, Pkge 11