Monday, January 14, 2013

Amanuensis Monday - Will of Hardy Sellers, Sr.



Amanuensis Monday is a Web Blog theme started by blogger John Newmark. You can access his blog here.
 
A full explanation of the Amanuensis Monday blog theme can be found here.

Today's subject is the WILL of Hardy Sellers, Sr., born March 2, 1757, Johnson County, North Carolina and died January 17, 1835 in Chesterfield County, South Carolina. Hardy Sellers, Sr. was twice married. His first wife was Mary COOK daughter of Abram Cook and Feebe MASTIN. His second wife, whom he married about 1827 was Lavina GULLEDGE, daughter of Rev. Joel Gulledge.

Hardy Sellers and Mary Cook are my 5th Great Grandparents (Maternal lineage).




The State of South Carolina}  
Chesterfield District}

I Hardy Sellers, Sr. of said State and District, do make ordained and constitute this my Last Will and Testament.

1st - My son John Sellers who sometime since moved to the West has received from me one track a land on Thompson’s Creek worth six hundred dollars, [ $600] one Negro man names Ned worth five hundred dollars [$500] and sixty [$60] dollars in money which I gave him as a full share of my estate, both real and personal.

2nd - My son Abraham Sellers I had previously given one Negro man named Jacob, worth five hundred dollars [ $500] besides sundry other articles I have not named , it is my will and I give him two other Negros viz Louis a boy and Penelope a girl to be his full share of my estate both real and personal.

3rd - My son Philip Sellers has received from the one track of land on Thompson’s Creek worth six hundred dollars [$600], one Negro woman worth four hundred dollars [$400] I also give him three five hundred dollars [$300] to be a full share of my estate both real and personal.

4th – My son Richard Sellers who lives in a Western country has received from me one wagon worth one hundred dollars [$100] and one hundred dollars [$100] in money, one Negro woman named Rhoda worth six hundred dollars [$600], and I give to his lawful begotten children three hundred dollars [$300] to be equally divided between them as they arrive to the age of twenty-one [21] years to be received as herein after directed to be his full share of my estate both real and personal.

5th - My daughter Mary Gaddy has received from me two Negros some money and so forth to the amount of her share of my estate both real and personal for which her husband Thomas Gaddy has given me a receipt to that it effect.

6th - To the three children on my deceased daughter Phoebe Gulledge viz: Elisha Gulledge, James Gulledge, Phoebe Gulledge, I give to each three hundred dollars [$300] to bear interest from my death until they arrived to twenty-one [21] years of age which sum is to be a full share of my estate both real and personal to the three last children named.

7th – To the son of my deceased daughter Jane Briley, Iverson L. Briley I give three hundred dollars [$300] to bear interest from my death until he arrives to the age of 21 years which is to be false is full share of my estate both real and personal.

8th - It is my will that my Executors sell my two tracts of land on Cruises Branch and one on Black Creek and such other of my property as are not disposed of such a stock, crops, household and kitchen furniture and etc to the amount of the legacies given and to be sold at their discretion in all legacies debts and expenses being provided for by my Executors then the balance of my estate not disposed of I given dispose of in the following manner. It is my will that the tract of land on which I live be divided in the following manner, that is to say, be equally divided between my beloved wife Lavina and my son Hardy Huntley Sellers and my daughter Zilpha Ann Sellers, my wife to have that part whereon the dwelling house and other out houses now stand and one third of the balance of my estate not given away I loan to my wife Lavina during her natural life time or widowhood except the land before mentioned to be for her use and benefit until my son Hardy H. do arrive to the age of twenty [20] years (should she remain my widow so long) at which time my son is to take possession of the said land and at the marriage or death of my said wife the whole of my estate not before given to my first set of children and grandchildren to be equally divided between my son Hardy H. and daughter Zilpha A. Sellers, my son as before stated to have that part whereon the dwellings now stand. And I do hereby nominate constitute and appoint my father-in-law Elder Joel Gulledge and my friends John Evans and Turner Bryan Brian Executors of this my Last Will and Testament in witness whereof I have hereunto set my hand and seal this 14th day July in the year of our Lord one thousand eight hundred and thirty-four [1834] and in the 59th year of the American Independence.

Signed Sealed and Published}
and declared in the presence}
of the testator and in the presence}             Hardy Sellers, Sr. {seal}[1]
of us who have subscribed }
our names as witnesses hereto}
Neill Smith
William X(his mark) Hancock
Andrew J. Hancock


Recorded in Book #8 pages 28, 29, 30; January 26th 1835 then qualified John Evans Executor to this Will, T. Bryan, Ordy. 

[SOURCE: "Cheraw/Chesterfield District Wills, 1750-1865 & Abstracts from the Court of Common Pleas 1823-1869, James C. Pigg, January 2000, Page 107 & 108].


[1] James C. Pigg, Cheraw/Chesterfield District Wills, 1750-1865 &: Abstracts from the Court of Common Pleas 1823-1869 (Washington, D.C.: self-Published, 1995), pages 107 & 108.

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