LAST WILL AND TESTAMENT OF DAVID HAMILTON
STATE OF SOUTH CAROLINA
In the name of God Amen I David Hamilton Senior do this day being far advanced in my time of life & frail but of a sound in mind & memory, blessed be God do by these presents make and ordain this my last Will & Testament & at my death I give & Recommend my precious soul to God through my dear Redeemer & my Body to be buried in the earth in a Christian manner by my Executors as they may think proper & as to my Worldly property God has given me I will & dispose in the following manner
First I give and bequeath unto my beloved Wife Jane Hamilton Two Beds & their furniture and the Plantation & Houses on Which I live during her life for her support and the one half of the amount of sale of my property at her disposal at her death
Secondly I give and bequeath to my son Andrew Hamilton One Hundred and eight acres of land on Which he lives for his support during his Life but not subject to his disposal directly or indirectly Or for any debts he may be in but to be the property of my grandson Alexander Hamilton his son in fee simple
3ly I give and bequeath to my two grandaughters Margert & Jane Hamilton a small Tract of Land situate on Goldens Creek containing thirty-eight acres.
It is my Will after at my Death that my personal property that is the goods & chattels be sold on a Credit of Twelve Months With the exception of my Man Cezar not to be sold but to live with any of my Children not a Slave but to do as may be his Choice And my woman Malinda to serve her Mistress my wife during her life but at her Death to be free to live With any of my Family she may choose or my Wifes Children And at the Death of my Wife my plantation to be sold and the amount to be divided one third to my Daughter Margert Prater & one third to Mary Kirkpatrick & the remaining third to be equally divided between my two grandaughters before mentioned Margert & Jane Hamilton–After my Death When the personal property & goods & chattels are sold all my Just Debts to be paid then the one half of the amount of the sale to be divided as before to my Wife & the Ballance by paying thirty dollars among all of my Daughter Janes Children each an equal share—and farther Elizabeth Persons Andrew Hamilton David L. Hamilton Mary Kirkpatrick Margert Prater Bathsherba Fraser each & equal share And farther all my apparel to my son Andrew Hamilton & by these presents I do appoint Major Andrew Hamilton Col David K. Hamilton and Thomas G. Boggs my stepson Executors of this my last Will & Testament revoking all former Wills by me this 20th February 1830.
Signed, Sealed, & acknowledged David Hamilton (Seal)
in presence of
J L McCann
South Carolina )
Pickens District )
Be it Remembered that the written will of David Hamilton Senior Deceased was proven not by the oath of one of the subscribing witnesses as is usual they being absent from the State—But was proven by the oath of David K Hamilton one of the persons named as Executor of this Will. At the same time qualified the said David K Hamilton as Executor of the written last Will and Testament.
J. H. Dendy O. P. D.
[ORDINARIES OFFICE. )]
[PICKENS DISTRICT. )]
Personally appeared Jesse P. Lewis who being duly sworn on his oath saith that he is well acquainted with the hand writing of J. L. McCann and Rt McCann & believes that their signatures to this will is genuine.
November of 1837 J. H. Dendy O. P. D.
Recorded in Pickens District Will Book No. 1, pages 51&52 Examined and certified by me Jas. H. Dendy O. P. D.
[Typed in accordance with the typed copy of the will which I received from the Probate Judge of Pickens County, SC, and proofed by the handwritten copy of the will and other notes. Tried to match the words and punctuation in the handwritten copy of the will. It may be humanly impossible to translate correctly the nineteenth century spelling and punctuation (or lack of), but I have done my best. I have left the spelling of Margert (Margaret?) and Rt (Robert?) as the words were in the handwritten document. The surname Persons has been translated as Parsons in at least one other document. Do not know which is correct.]
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