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Thursday, September 20, 2012

Treasure Chest Thursday - Philip Gathings, Sr. Will

Gathings, Philip Sr., Cheraw District Equity Records, John Gathings et al vs Nancy Gathings Executrix of Philip Gathings, page 159.
 

Philip Gathings, Sr. Will

In the name of God Amen,
1st, Philip Gathings Senr. of Anson County being of sound mind and memory do make and declare the following to be my last Will and Testament, 1st my will is that my whole estate both real and personal be kept together under the discretion and management of my executors hereinafter named for ten years from the time of my death or during the life of my wife and that all my just debts be paid out of the profits arising from. (???)

2nd I give to my wife one Negro man named Jim and Selah his wife to her and her heirs forever.

3rd I give to the heirs of my son Charles Gathings ten shillings to be paid out of my estate.

4th I give to my son John Gathings one Negro woman named Short Pat to be delivered to him at the expiration of the ten years or the death of my wife.

5th I give to my son Philip Gathings, Junr. one Negro boy named Fadmouth to be delivered to him or his heirs at the expiration of ten years or the death of my wife. I also give him the tract of land whereon he lives which I purchased from May to him and his heirs forever.

6th I give to my son James one Negro boy named Stephen to be delivered to him or his heirs after the expiration of ten years or the death of my wife.

7th I give to my son Sampson a Negro boy named Harry to be delivered to him or his heirs at the expiration of ten years or the death of my wife.

8th I give to my daughter Judy Gatewood a Negro woman called Long Pat to be delivered to her or her heirs after the expiration of ten years or the death of my wife.

9th I give to my daughter Sally a Negro boy named Ben to be delivered at the expiration of ten years or the death of my wife.

10th I give to my daughter Lucy a Negro girl named Rose which she has now in possession to her and her heirs forever.

11th I give to my daughter Polly Smith a Negro girl named Pheobe which she now has in possession to her and her heirs forever. After the expiration of ten years my will is that the lands and plantation and mills whereon I now live to be equally divided between my two sons James and Sampson to them and their heirs forever. After payment of all my just debts my will is that the profits of my Estate including the profits of the lands whereon I now live to be to the use of my wife and her heirs forever. The residue of my estate not before willed away my will is that at the expiration of ten years from my death or at the death of my wife to be equally divided amongst my six youngest children to wit, Philip, James, Sampson, Polly, Lucy and Sally or their legal representatives to them and their heirs forever. Lastly I appoint my wife Haney Executrix of this my Last Will and Testament in witness whereof I have hereunto set my hand and seal this 9th day of October 1807.
Signed sealed & published }                                           Philip Gathings {Seal}
pronounced and declared by the }
Testator to be his last will & }
testament in our presence who }
at his request and in his }
presence & in the presence }
of each other subscribed }
our names }
Duncan McRae
William Johnson

I do hereby certify the proceeding to be a true copy of the original will of Philip Gathings deceased now on file in my office.
Ordinaries Office William Pegues, Ordinary
Chesterfield District November 25th 1814

____________________
[1] James C. Pigg, Cheraw/Chesterfield District Wills, 1750-1865: Abstracts from the Court of Common Pleas 1823-1869 (Tega Cay, South Carolina: Self-published, 1995), page 57.




























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