Last updated 09/27/2012 02:08 PM
Will of Henry Moore
The State of South Carolina
Fairfield District
I Henry Moore of the district and State aforesaid, do make publish declare, this as and for my last will and testament hereby revoking all former wills by me made.
In the first place, I give bequeath to my son William Moore of the Town of Winnsborough in the district and State aforesaid for the express use and benefit of himself and family during his natural life, the following Negro slaves to wit, a Negro man by the name of Jacob, commonly called big Jacob, and his wife Mariah, a Negro woman named Linda, a Negro girl by the name of Melia a Negro girl by the name of Julia, a Negro girl by the name of Dina, and a Negro boy by the name of James, together with their future increase; and I do hereby declare, that I give and bequeath said Negro slaves to my said son William Moore, for the support and maintenance of himself and family, during his natural life, and on the express terms and conditions that neither the said slaves or any issue that they may hereafter have shall in any wise [sic], either, in law or equity be subject to the payment of any debt, demand, judgment, execution, or decree, that now exist, or may hereafter exist against him, and on his death, I give and bequeath said Negro slaves, together with their future issue to such lawful issue of his body as may be living at the time of his death, share and share alike; and to the survivors of them in case any of them should die without leaving lawful issue of his or her body living at the time of his or her death.
Secondly. I give and devise to my said son William Moore, also during his natural life, two certain lots or tracts of land, on the waters of Kilbucks Creek in the County of ______ [there is blank space in original document] in the State of Ohio; and which said lots or tracts of land are particularly and specifically described and represented, by a certain plat and deed of conveyance or grant, executed to me by the President of the United States of America in consideration of my military service, during the Revolutionary War, and dated on the twenty second day of May in the year of our Lord one thousand eight hundred and Six; and on the death of my said son William Moore I give and devise the said two lots of tracts of land to such lawful issue of his body, as may be living at the time of his death, share and share alike, and to them and their heirs forever, and to the survivors of the lawful issue of his body, in case any of them should die, without leaving lawful issue of his or her body living at the time of his or her death; But I hereby authorize and empower my said son William Moore (in case he should at any time after my death deem it expedient) to sell and dispose of said lots or tracts of land by proper deed or deeds of Conveyances, under his hand and seal, on condition that he invest the proceeds or avails thereof in other property real or personally and settle the same, on the same terms, and in the same manner, that the Negro slaves herein before given and bequeathed to him, for life, are settled and conveyed. And I hereby expressly declare that the said lots of tracts of land hereby given and devised, or the proceeds or avails arising from the sales of said lots or tracts of land, are not either in law or equity to be subject to the payment of any debt, due, demand, judgment, execution, or decree, that now exist, or may hereafter exist against him, and said son William Moore, but that the same are hereby given and devised to him, during his natural life, for the sole and exclusive use, and benefit of himself and family, as well as the aforesaid Negro slaves and on no other terms and conditions whatever.
Thirdly, I give and bequeath to my daughter Margaret Yongue, wife of John L. Yongue, during her natural life, the following Negro slaves, together with their future increase, to wit, a Negro man by the name of Jacob, commonly called Jacob Ellison, and his wife Suavy or Silvia, a Negro boy by the name of Isaac, a Negro man by the name of Joe, a Negro girl by the name of Margaret, a Negro boy my the name of William, and a Negro girl named Sarah, & on her death I give and bequeath said Negro slaves and their increase, to such lawful issue of her body as may be living at the time of her death, share and share alike, and to the survivors of them, in case any of them should die, without leaving lawful issue of his or her body, living at the time of his or hear death.
Fourthly, I give and bequeath to my daughter Jane Caldwell during her natural life, the following Negro slaves, to wit, a Negro girl by the name Jane, a Negro boy by the name of Sam, son of Suavy, a Negro boy by the name of Simon, a Negro boy by the name of Abraham, a Negro girl by the name of Caroline, a Negro girl by the name of Winny and a Negro boy by the name of Jacob, son of Mariah, and on her death, I give and bequeath the said Negro slaves together with their future increase, to such lawful issue of her body, as may be living at the time of her death, share and share alike, and to the survivor of them, in case any of them should die, without leaving lawful issue of his or her body living, at the time of his or her death.
Fifthly. I give and bequeath to my grand children Robert and Eliza Cathcart, the children of my late daughter Eliza Cathcart, the following Negro slaves to wit a Negro boy called little Samy and a Negro boy by the name of John to them and their heirs forever, but in case either of my said grand children should die without leaving lawful issue of his or her body living at the time of his or hear death, I give and bequeath said Negro slaves to the survivor of them and in case both of them should die without leaving lawful issue of their bodies living at the time of their death, I then and in such case give and bequeath the said negro slaves, to such lawful issue of my son William Moore, as may be living at the time of the death of the survivor of them, share and share alike and to them and their heirs forever.
Sixthly, I give and bequeath to my grand children Sumner and Alexander McMullen to following Negro slaves, together with their future increase, to wit, a Negro boy by the name of Ben, a Negro girl by the name of Nancy and a Negro boy by the name of Henry, to them and their heirs forever, but in case either of my said grandchildren should die without leaving lawful issue of his body living at the time of his death I then will and bequeath said Negro slaves and their increase to the survivor of them; and in case both of them should die without leaving lawful issue living at the time of their death, I then and in such case five and bequeath said Negro slaves and their increase to such lawful issue of my said son William Moore as may be living at the time of the survivor of them, share and share alike, to them and their heirs forever.
Seventhly, And I do hereby declare that as to the Negro slaves given and bequeathed to my said daughters, to wit, Margaret Yongue and Jane Caldwell by this my last will and testament, are not in any wise either in law or equity to be subject to the payment of any debt, due or demand that now exist, or may hereafter exist against any husband or husbands that my said daughter or daughters now have or may hereafter have, or be subject to his or their contract or management without the consent and approbation of my said daughter or daughters as it is hereby intended. I do hereby declare that the said Negro slaves given and bequeathed to my said daughters as herein before set forth, are given and bequeathed to her or their sole and separate use, and hehoof during their natural lives, and to be free from the control of any husband which she or they now have or may at any time hereafter have.
Eighthly. And whereas by a certain deed of Trust executed to my son William Moore on the twenty Second day of May in the year of our Lord one thousand eight hundred and forty one I settled upon my daughter Harriet Watson and children certain lands and Negro slaves, and which said lands and Negro slaves, and which said lands and Negro slaves are particularly described and named in said deed of trust and considering the same at the date of said deed, to have been a ffair and equitable proportion of my estate, therefore in consideration thereof, I hereby make no further provision for my said daughter Harriet Watson and her children.
Ninethly. I hereby authorize and enpower my Executors hereinafter named to Sell and dispose either at private or public sale, two certain plantations or tracts of land, one called Cameron tract, and the other the Bones tract both situate lying and being in the district of Fairfield and State aforesaid the first aforesaid tract of land bounded on the east by lands called the Paul land, on the West by the Wilson lands and on the South by lands of James Cathcart and John McCreight and containing one hundred and nineteen and one half acres-and the second aforesaid tract of land bounded by lands of the late William Ellison, the late Rev. Samuel W. Yongue, David Aiken, and lands which I lately deeded to my daughter Harriet Watson, and which said last tract of land I purchased from Mrs. Elizabeth Bones, and contains about one hundred acres more or less, and from the proceeds or avails arising from the sales of said plantations or tracts of land, I hereby direct my executor hereinafter named to pay my son-in-law John L. Yongue and to the Administrator of the estate of my late son-in-law Robert Caldwell one thousand dollars such being sums of money which they loaned to, or advanced for me towards the payment of the said Bones tract of land, with interest thereon from the date of said loans or advancement; and the residue of the proceeds or avails arising from the sales of said plantations or tracts of land, I hereby give and bequeath to my said son William Moore with express directions that he invest the same as soon as convenient and practicable either in real or personal estate, or in both, and settle the same in the same manner, and on the same terms and conditions, limitations, and restrictions as the Negro slaves and real estate herein before given, bequeathed and devised to him in this my last will and testament, are settled bequeathed and devised.
Tenthly. And whereas I, on the nineteenth day of December in the year of our Lord one thousand eight hundred and thirty nine, made and executed certain deeds of gifts or certain property both real and personal to my son-in-law John L. Yongue, to my late son-in-law Robert Caldwell, to my son William Moore, and to my daughter Harriet Watson, and which said deeds of gifts or some of them, include certain lands and Negro slaves which are given devised and bequeathed, in this my last will and testament, to others and different persons, and the reasons of my making a different disposition of some of the property named, described and specified in said deeds of gifts, arises from a perfect conscientiousness and belief, that at the time I made and executed said deeds of gifts I was entirely incapacitated to do or perform any legal or valid act, and that in consequence thereof, I hereby declare said deeds of gifts null and void and of no effect, an that the disposition contained in this my last will and testament are substituted in the place and room of the dispositions contained in said deeds of gifts, with the exception of the deeds of gifts made to my son William Moore and my daughter Harriet Watson, which I have subsequently confirmed by deeds of trust.
Eleventhly. And whereas I am possessed of certain aged and infirm Negro slaves, who are entirely incapable by their labours of providing for their comfortable support and maintenance, even, if I had the power by law, to emancipate them, and being desirous that they shall, after my death, if they survive me, be kindly treated and taken care of, and to effect which object, and reposing great confidence in the humanity of my son William Moore, I hereby give and bequeath to him said Negro slaves, to wit, Old Abraham, old Peggy and Robert, and I hereby enjoin upon him, in case these old and infirm negroes should come into his possession, by virtue of this my last will and testament, that he treat them with great kindness an humanity, and afford them comfortable support and maintenance, during his and their lives, and if he should die before them or any of them, that he will provide for them, by his last will and testament, so that they may not come to want, and sufferance, or any of them during their lives. It may appear needless for me, from the description of the last above negro slaves, to say anything as to their being liable to the payment of my said son William Moore's debts, but for fear that some of his creditors may consider them of some value I hereby declare, that they are not to be liable in any case or in any event, for the payment of the debts of my said son William Moore either in law or equity.
Lastly. I do nominate and appoint my said son William Moore to be my sole
executor of this my last will and testament. In testimony whereof I the said
Henry Moore, have to this my last will and testament, contained on two sheets of
paper, and to every sheet thereof, I have here subscribed my name and affixed my
seal, this twenty sixth day of February, in the year of our Lord one thousand
eight hundred and forty two.
Signed sealed and declared by the said}
Henry Moore, to be his last will and }
Testament, in presence of who at his } Henry Moore (Seal)
Request and in his presence have sub-}
Scribed our names an witnesses hereto}
John I. Myers
Sam'l Johnston
Osmond Woodward
Proven Date not found, Recorded in Will Book #19
Recording Date unknown, Apt# 80, File #131
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Last updated 09/27/2012 02:08 PM