Amanuensis Monday~Will of Jesse Freeman

Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.

His definition of Amanuensis is:

Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

Today’s subject is the Last Will and Testament of Jesse Freeman, Sr. 



Exhibit A Copy of Will
In the name of God Amen.
I, Jesse Freeman of the State of South Carolina in the County of Chesterfield being of sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make ordain publish and declare this to be my last will and testament. That is to say
First, after all my lawful debts are paid and discharged the residue of my estate real and personal I give bequeathe <sic> and dispose of as follows to wit:
(To my beloved wife one certain bed stead one Bead one Pine Table and all the bed clothing she has made since we were married and to have an equal share of all my estate with the rest of my heirs at law. I also give and bequeath unto Sarah Odom the wife of John D. Odom an equal Share of all my Estate both real and personal with the rest of my children. I bequeath and devise that after my decease that all my Estate Real and personal to be sold and the proceeds to be equally divided between my children now living or to their heirs who may be living at the time of my decease to be divided equally between them share and share alike).
This last Will and Testament hereby revoking all former Will by my made. In witness whereof I have hereunto subscribed my name and affixed my seal the tenth day of April in the year of our Lord one thousand Eight hundred and Eighty one [1881].
Attest
Rolin Kite                                                                       Jesse X Freeman (his mark)

The above written instrument was subscribed by the said Jesse Freeman in our presence and acknowledged by him to each of us and he at the same time Published and declared the above instrument so subscribed to be his last Will and testament. And we at the Testator request and in his presence have signed our names as witness hereto and written opposite our names our respective places of residence.
Rolin Kite, C. Co. SC
William D. Quick, C. Co., SC
Phillip T. Hurst, C. Co., SC
 
Jesse failed to appoint an administrator for his estate. Letters of Administration cum testamento annexo [1] upon the personal Estate of said testator were issued from the Probate Court of Chesterfield County  to Louis H. Wadsworth and Stephen D. Purvis on 18 September 1883.

Surviving heirs were:

• Mary Freeman [Second Wife of Jessie Freeman, Sr.]
• Sarah Ann Odom, wife of John D. Odom
• Mary Ann Wadsworth, wife of Lewis H. Wadsworth
• Louis Freeman
• Grand Daughter Temple [Brock] Parr, wife of Samuel Parr, Child of his daughter Jane Freeman wife of Benjamin Brock, Jr.
• William Freeman
• Ann Hall, the wife of Joseph Hall and the widow of Jesse Freeman, Jr. [Died in Civil War??]
• Christian F. Turnage, wife of Robert Turnage
• [Rosa] Effie Purvis, Wife of Stephen D. Purvis
• [Ann] Elizabeth Poston wife of Elisha Posten

________________________
[1] Chesterfield County, South Carolina, Probate Files & Loose papers, Jesse Freeman; digital images, Church of Jesus Christ of Latter Day Saints, FamilySearch (http://www.familysearch.org: Viewed 4 July 2012); Probate File #320.
[2] Cum Testamento Annexo [Latin, With the will annexed.] A phrase that describes an administrator named by a probate or surrogate court to settle and distribute an estate according to the terms of a will in which the testator, its maker, has failed to name an executor, or in which the one named refuses to act or is legally incapable of acting.
[3] Charles Freeman, "COMPLAINT FOR RELIEF," Chesterfield District Chronicle, Vol. 5, No. 1, Winter 2002, Newsletter , Chesterfield County Genealogical Society (), Pages 21-23.