Will of Major David Gavin
of St. George's Parish,
South Carolina
April 7, 1871
In the name of God, Amen. I,
David Gavin, of Texas plantation,
St. George's parish, Colleton Co. South Carolina, U.S.
being in usual health of body and of sound mind, do make and
ordain this as my last will
and testament in words following, to wit:
Item 1st. I wish my just
debts, if any, to be paid, and to be
buried by the side of my brother John or
William if I die near here.
Item 2nd. I give and
bequeath to my nephew John L. Gavin now
in Brazil, one half of all my property in Brazil, which was
eleven hundred dollars in specie & fifty sent since, carried
there by my brother Charles, and to be invested by him
according to his judgement, and to bear a proportionate expense
with Charles. If none of John L. Gavin's brothers or
sisters or my nephews or nieces emigrate to Brazil I
give my said nephew J. L. Gavin all I have there but if any
of them do move there I give him or them an equal share of
the other half with John share & share alike. I also give
my said nephew John my compass and all my surveying and
platting instruments, my double barrel gun & c. All my books
and manuscripts to be equally divided between said John
L., Julius William and brother Charles.
Item 3rd I give to my nephew
John L. Gavin eleven shares in So.
Ca. R.R. Co., nephew Julius William, nieces Laura R.
Smith, wife of S.D. Smith and Nettie L. Gavin, brother John's
children each seven shares in So. Ca. R.R. Co. if I have so
many in trust for their children, but they to use all the
dividends
and income, but if all or any of them move west of the
Mississippi river, or to a foreign country, they or any of them
may sell that or any other property hereafter given them
by this will, and invest the proceeds in some other property,
stock or bonds, and use the income thereof during their
natural lives, but if they remain here, it I expect would do
as well or better to remain where it is, and use the income or
dividends on it to them until after my death. If I have not
enough shares to give John L. eleven and his brother & sisters
each seven shares, what I have there in the So. Ca. R.R. Co.
I wish divided notably as
eleven to seven, amongst my brother John's children, John L.,
Julius W., L.R. Smith & Nettie L. Gavin.
Item 4 My will is that all
the balance of my property, real,
personal and mixed, be equally divided amongst my nephews
and nieces, share and share alike. My land to be divided into
as many lots as there are heirs as equally as may be,
and appraised by three, four or five disinterested, competent
land holders. If any of my heirs have settled on any part
with my approbation or leave, except my homestead,
he, she or they may choose that lot otherwise brother Charles
is to have choice, John L. next if they are
Here, the eldest married next, and so on by seniority or as
they marry. The child or children of a deceased nephew or
niece to take the share it's parent would be entitled to if
living, and no share as it regards a child, children or issue of a
nephew or niece to be elapsed on account of it's or their
parents
death before me. If brother Charles has any more
children before I died, he, she or they shall be entitled to
a share, if living and if brother Charles daughter Ann dies
before I do brother Charles is to take his share in fee, and
to have the use and income of her share and any other child
or children he may have during my life or at my death.
Item 5 I wish my iron safe
kept by my executors for the use of
my estate, if they wish it, then Charles, and then the
oldest nephew until the last, I wish all or any part of my
personal
property, such as provisions, stock, furniture &
perishable property, sold for cash or credit either at public
or private sale, as my executors may think best for the
benefit of my heirs, or divided, as I do not wish it sacrificed,
and the money and all other money invested in good Rail
Road stock or bonds, bank, city, state, U. S. stock or bonds,
or other good public securities of this or any other state of
foreign country, or any other property in a foreign country.
I wish my present public investments to remain, unless they
become due, or unsafe. My executors are hereby authorized and
empowered to make all sales and divisions without
any petition to or order from the Court of Equity, Probate or
any other court in this or any other state or country or
government, but must make a return of all sales, divisions and
investments to the Court of
Probate or ordinary, but shall not be required to make annual
returns.
Item 6. My brother Charles
Gavin is to have the use and income
of his child or children's share if he has more than
Ann, at the time of my death, they are to have a share or shares
according to the numbers. My nephews and nieces
now are, Nettie L. Gavin, John Lewis Gavin, Laura R. Smith,
wife of S. D. Smith, and Julius William Gavin, brother
John's children, Charles M. Gavin & Ida William Gavin,
brother
William's children and Ann M. Gavin, brother Charles' daughter.
Should one or more of my nephews or nieces die
without leaving a child, children or issue, I give his, her,
or their share to their remaining brothers and sisters, or brother
or sister, share and share alike without regard to half blood,
that is than of their brothers and sisters who are my
nephews and nieces, or their child, children, or issue, except
Charles' daughter and her share, in that case, is to go to
him. And if they have no brother or sister or no descendent
of a brother or sister, who is my nephew or niece, or father,
then and in that case, I give their
share to my other nephews and nieces, share and share alike,
the children of a deceased nephew or niece taking the
share it's or their parent would be entitled to . My intention
and desire is, that it shall be received by my blood, the
decendents of my brothers and my brother Charles. If my nephew
John L.Gavin dies without a child, children or issue, I
give the share he gets from me in Brazil to my brother
charles, unless some of my nephews or nieces or all go there,
then and in that case my will is that he, she or they are
to receive a share or shares of it. A child, children or issue
of a nephew of niece to take the share it's parent would be
entitled to if alive. and if brother Charles' daughter dies
without a child, children, or issue, and he has no other child,
children or issue, he is to take the share his daughter or any
other child would be entitled to if living. Brother Charles is
to have one share if he has no child or children alive or
descendent
of a child when I die, that is take his child's share,
or the share she would be entitled to if alive, and he can take
her share or his children's share with him whether she or
they are
of age or not, but if he has not child or children I mean him
to keep it only during his natural life, and then be divided
amongst my heirs as before mentioned in case of the death of
a nephew or niece, without a brother, or sister or a child,
children or issue of a brother or sister who is a nephew of
niece.
Item 7. If any of my heirs
herein named or other person or persons
sues me or my estate, in any court about the way I
have managed their property in my hands or requires me to make
up loss of their property by the late civil war or
otherwise, my will is that such heir or heirs, person or persons
shall be and are hereby detered from inheriting or
receiving any part or share of my estate either directly or
indirectly and I do hereby revoke and annul all clauses and
parts of clauses heretofore or hereafter made In his, her or
their favor for I have done the best I could with their money.
And the same to any who endeavors to break this will, they
may carry it into court to enforce its Provisions, or prevent
the property being wasted or spent, but not altered. I hereby
disinherit all such person or persons.
David Gavin
(his signature)
In presence of:
I. S. Utsey
W. Sitke
W. G. Horn
They have been robbed by the
so called United States government,
not by me. I have also been robbed by the same
government and I wish them to leave it and try some other which
has not robbed them or me. It is not likely they will be
worsted by the changes. No heir or other persons who endeavours
to make me or my estate responsible for robberies
or destruction of property committed by the so-called
United States government is to be an heir of my estate, if I
have any, unstolen when I die.
As John L. Gavin and Charles
M. Gavin have each their father's
watches, I give my silver watch to Julius W. Gavin. My
accounts and books since May 1865 or since our Abjugation and
robbery by the United States government will show
my liability to each of the estates I manage, and to brother
Charles, I wish Charles Gavin's gold kept for him, and my
book will show what money and gold or securities I
have of his. I bought some gold for him and carried the account
on in paper, but the circumstance is mentioned on the
book, and I may have or may hereafter alter it, but the gain
or loss by keeping gold is his.
I do not wish my Executors
to sue, bankrupt notes or bonds or
to consume my estate in costs and expenses, but
exercise a sound judgement in sueing notes or bonds as they
would their own. All notes and bonds collected before
May 1, 1865 have gone into Confederate bonds, stock or notes,
mine as well as those of my wards and many that were
good are now bankrupt by the robberies of the so-called United
States government. The decision of W. S. Utsey, the
Confederate tax collector, (to whom I was returned for refusing
to take Confederate notes) by instruction, he said, of I.
W. Burbridge of Walterboro. I would have to pay the gold value
ot the whole estate which would soon have consumed
them all.
Item 8. I nominate and
appoint my brother Charles Gavin, nephews
John Lewis Gavin, Julius William Gavin and Charles
Moorer Gavin Executors to this my last will and testament, and
my friends D. L. McAlhany and Dr. P. L. Moorer to act as
Executor or executors, until some of the others named come of
age, and prove by their conduct that they are prudent,
sober and economical and fit tot manage, or my brother Charles
Gavin or nephew John L. Gavin return from Brazil,
when said Charles or John are to take charge of it, if John
is prodent, sober and economical, as I wish no drunkard or
spendthrift to manage my estate. and said Charles Gavin or John
L. Gavin is hereby authorized and empowered to
take charge and possession of the whole real and personal estate
of the minors and can or may sell all or any part
belonging to said minors, either real or personal, either at
public or private sale, and make titles thereto, the same as I
could were I alive and make one return thereof to the Judge
of Probate or Ordinary, and take all or any part of said
money due said minors or either of them, with them on either
of
them, with the minors to Brazil, or any other foreign country,
or any part of the so called United States, and invest it any
any way or manner, such as property, or notes, bonds, &
security and mortgages, or Public securities, or stock or
bonds of Rail Road, cities or state, they or either of them
may think best for the benefit of said minor or minors. I wish
them to exercise their judgements and act prodently and
honestly.
if a minor will not go with
them from this state or country,
they shall take only half his share with them. D. L. McAlhany
and Dr. P. L. Moorer shall have the same power of selling all
or any part of my perishable property, at public or private
sale as they think best, and invest the money in bank or R.
Road stock or bonds or any other good public security
according to the best of their judgement for the benefit of
my heirs, until Charles or John come from Brazil, or some of
the others come of age and are as above
stated. If the property is kept here I wish the money invested
as above in good public securities, but if
-------- to a foreign
country investments may be made in lands
or other property according to the judgement of my
executors.
No heir is to pay more than
one hundred dollars in the division
of land. If brother Charles lives here he
is to have first choice of lots of land, John second, and then
as they marry or are married or come of age.
If my negro woman Big Mary
or Mary Bryant continues to serve
me faithfully, My Executors are hereby authorized and
required to give to her daughter Mildred forty acres of land
near Stokes, Clarks, or any other place they please so as
not to injure the balance of the land, said Mary Bryant and
her mother Peg to have the use of one half during the term
of their or either of their natural lives, and all until Mildred
comes to the age of eighteen or marries.
Item 9. My executors shall
not be required to make annual returns
even if the property is left there, one return of sales
and how invested, that is what public security. This so-called
government has robbed me and my family enough
already. I hope my executors will neither steal, waste, nor
spend my property, but if it must be stolen or wasted, they
had as well do it as this so-called government of its officials.
The words, "or nephews or
nieces" between 6 & 7 line of Item
2nd inserted before signature)
Witness my hand and seal
this nineteenth day of October one thousand
eight hundred and seventy
David Gavin (His signature)
P. S. I give to nephew John
L. Gavin twelve instead of eleven
shares in So Ca. R. R. Co and ten more shares if I have
so many to be divided between brotehr John's children &
Ann M. Gavin or Charles's children, and William Gavin's Ida
Gavin. Charles to have the use of his children share during
his life and all in trust as before stated. All the balance of
my property to be divided or given as before stated. I
give C. M. & I. W. Gavin brother William's children a share
of So. Ca. R. R. stock after brother John's children get the
seven & twelve shares given that, that is the balance to
be shared equally.
Signed & sealed in April
7th 1871
David Gavin (his signature)
(In Presence of)
W. W. Harley
I. S. Utsey
G. B. Sistrunk
W. S. Horn
(the following were
witnesses to the P. S.)
I. S. Utsey
W. L. Utsey
W. S. Horn
Major David Gavin died 27th
January 1874.
Copied from files in
Walterboro, South Carolina Courthouse, August
1993, and typed by John Dannenberg Gavin. First
published in the Gavin
Newsletter and used here with the consent
of Arnold and Joan Gavin. I have corrected a few
typographical errors but
have not changed any of the spelling.
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