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Will of Jacob Whetsell

The following transcript concerns the Will of Jacob Whetsell.  The first document is dated March 19, 1872.    The Will is dated July 28, 1847.  These papers are located  at the Colleton County Courthouse in Walterboro,  South Carolina.  Any punctuation or wording added is within brackets.  The original, handwritten Will is without paragraphs.

Jacob Whetsell, son of Martin Whetsell of Orangeburg, was born August 9, 1792 and died August 27, 1847 in Colleton County.  He is buried at Indian Fields Methodist Church Cemetery.  -Carolyn Cauthen Auvil


State of South Carolina
Colleton County

    Personally appeared
Isaac M. Johnson Executor of the last will and testament of Jacob Whitsell who being 
duly sworn says that the within is a correct and perfect copy of the said last will which was with the records of The Office of the Ordinance of Colleton District – supposed to be destroyed by the Federal forces in the year 1865.

     [signed by I. M. Johnston]

Sworn to before me
This the 19 day of March 1872 
[signed by D. H. Farmer]
  Judge of Probate

South Carolina
Colleton County

    Personally appeared
David Gavin who swears the within copy is the substance of the will of Jacob Whitsell

[signed by David Gavin]

Sworn before me
This 19th  [day of] March 1872
 [signed by D. H. Farmer] 
             Judge of Probate

State of South Carolina, Colleton District

In the Name of God Amen.  I Jacob Whetsell of the State and District aforesaid being weak in Body but sound in mind and perfect-disposing memory..thanks be to God..calling to mind the mortality of my Body and knowing that it is appointed for man
to die do make and ordain this my last will and testament in the following manner and form. 

[F]irst I give to my wife Ann Darley the Plantation and tract of Land whereon I now live while she remains a widow or[,] if she sees proper[,] she may live on my Cypress plantation while she remains a widow[.]  [A]nd further I give to my wife[:]  Adam, Bill and Fibby for her own and Susy while she remains a widow and after that it is my will that Susy and her increase to come back to the Estate. 

Secondly I give to my Son Joel-Martin the Plantation that he now lives on[;] also three Hundred fifteen Acres of Land more or less on Snell’s Branch[;] and four Negroes[:]  Will[,] George[,] Team and little Mary and also I give him all the Stock Cattle that I bought from Ott[’]s Estate[,] the Beef Cattle I except[.]  I only mean the Stock Cattle[.]  [T]his is all that I intend [that] my Son Joel Martin shall have of my Estate. 

[T]hirdly I give to my Son John William all my Cypress plantation or tract of Land and also my tract of Land on the Cypress called the Platt Plantation and also I give my Son John William a Negro Man January and my Blacksmith tools and my wheelwright tools.

[F]ourthly  I give to my two Daughters Hariet Ann Elizabeth and Laura Emma all my plantation and Lands on Indian fields and also I will and give to my two Daughters named[,] each five Hundred Dollars apiece to makeup their deficiency of Land. 

[F]ifthly I will that my three children[,] namely John W.[,] Hariet Ann Elizabeth and Laura Emma[,] be well Educated out of my Estate at the disposal of my Executors that I shall Name.. 

Sixthly the balance of my Negroes[,] with all their increase[,] I will that they be equally divided between my three children[:]  John W.[,] Hari[e]t Ann Elizabeth and Laura Emma when my Son John W. becomes to be of Age. 

Seventhly I will that my stock Horses[,] cattle[,] Hogs and all other of my Stock that there may be[,] be Equal[l]y divided between my Wife Ann Darley[,] my Son John W. and two Daughters Hariet Ann Elizabeth and Laura Emma when my Son John W. comes of Age. 

Eight[h]ly I will that if either of my three children last Named should Die without Bodily Issue[,] their parts of my Estate to come back to the surviving ones[.] 

Ninthly I will that when my Stock is divided that the part of Stock that falls to my two Daughters Named[,] should they still be single[,] that their parts of Stock be sold..  Tenthly I will that all my household furniture[,] plantation Tools and crop [be] Equally divided between my Wife and my three Children last Named when my Son John William comes of Age.. 

Eleventhly I will that my Notes that I have in hand now[,] after the schooling of my children is paid from the interest of the same[,] that they be equally divided between my wife Named and my three Children last named provided also that my Wife Named remains and be a Widow at the time my Son John William comes to be of Age and the division takes place.  [I]f  she be Married to another Man[,] then my three Children last Named have that part last mentioned. 

Twelfthly my will is that the property all be kept together for the support of the Family until said Son John William comes to be of Age[;] and should that increase of the same be more than for my Families ordinary use[, it is] to be deemed as other property of mine and divided between my three children last Named and My Wife should she remain and be single when the division takes place[.] 

[L]astly I do hereby appoint Isaac M. Johnston[,] Elijah Brownlee[,] and my Wife Ann Darley[,] Executors and Executrix to this my last Will and testament in testimony whereof I have hereunto set my hand and seal this twenty Eighth Day of July in the year of our Lord[,] one thousand Eight Hundred and forty seven[.]

Signed and Sealed
In the presence of

Daniel Hutto       his
Thomas Peters      Jacob [     ] Whetsell
Thomas J. Knight      mark


This file was contributed for use by the Dorchester County SCGenWeb Project  by:
Carolyn Cauthen Auvil <aauvil@charter.net>

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