Amanuensis Monday~The Will of William M. Berkley

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 WILL of William Berkley written in  29 December 1869.¹


South Carolina}
Chesterfield County} In the name of God Amen
I William M. Berkeley of the County and State aforesaid being of feeble body but of sound mind and disposing mind memory and understanding do hereby make published and declared this my last will and testament in manner following
It is my will that all my just debts remaining unpaid at my death to be paid out of any personal property or moneys that I may leave and that the funeral expense of myself and wife Mary be paid in like manner.
I will and bequeath all my property both real and personal that I may seized and possess of unto my niece Sarah Frances Hancock to be hers her heirs and assigns forever at my death- the real property or estate above mentioned consisting of three tracts of land in said County adjoining each other, the first being the home track of One hundred (100) acres as will show by deed from Charles William Guardian (sp) to me made bearing date the 13th day of December A.D. 1843 the second containing thirty-three (33) acres more or less, reference being had to be made to me by Eliza Sellers, the one dated 27th June 1868 and the other dated the 21^st day of August 1869 will fully show the third containing two (2) acres more or less will show by deed from Isaac F. Sweeney to me dated the twenty-third day of the December 1861 the personal property above mentioned consisting of stock of all kinds, farming implements household and kitchen furniture and other property to tedious to mention the above to belong to my said niece at my death provided she remains unmarried and reside with me and my said wife as long as either of us shall live and if my said wife shall survive me she my said niece shall take care of her and support her during her life.
Hereby revoking all other will by me at any time heretofore made and declaring this to be my last Will and testament.
In witness whereof I have hereunto set my hand and affixed my seal this the 29th day of December A.D. 1869.                                                                                                  W. M. Berkeley {seal}

Signed sealed and published and}
declared by the testor to be}
his last will and testament}
who in the presence of us signed the}
same and at whose request and}
in the presence of the Testator we}
in the presence of each other}
Signed the same as witness to}
the same}
M. J. Hough
F. T. Spofford
E. H. Redfearn





William M. Berkley (Burkley) age, as recorded on his tombstone, was  81 years and 10 days when he died 7 October 1879. Based on this date and age, his birth would be 27 September 1798. His wife Mary died 5 days later. ^{1 2}

The 1870 Chesterfield Census shows two Burkley females in the household.³
1870 CENSUS: Court House, Chesterfield County, South Carolina; Roll M593_1491; Image: 109; Family History Library Film: 552990, Page 292A; Line 8, Dwelling 89, Family 89; W. M. BURKLEY, male, age 80, born in GA; M.[Mary] BURKLEY, female, age 89, born in SC; S. BURKLEY, female, age 19, born in SC and J. BURKLEY, female, age 9, born in SC.

Contention  abounds concerning the surname of William’s wife Mary. Some researchers think she is a RIVERS while others believe her to be a SELLERS.  

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[1] Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com : accessed 2 January 2013); Memorial page for William M. Burkley; (1798–7 October 1879); Find a Grave memorial # 46153801, Citing Berkley Family Cemetery; Chesterfield, Chesterfield County, South Carolina, USA.
[2] Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com : accessed 2 January 2013); Memorial page for Mary Rivers Berkley; (1790–12 October 1879); Find a Grave memorial # 46153898, Citing Berkley Family Cemetery; Chesterfield, Chesterfield County, South Carolina, USA.
[3] 1870 U. S. Census, Chesterfield, Chesterfield County, South Carolina, population schedule, Court House, Chesterfield County, South Carolina, Page 292A; Line 8, Dwelling 89, Family 89, Household of W. M. BURKLEY; digital images, Ancestry.com (http://www.ancestry.com : viewed 18 September 2011); citing National Archives Microfilm M593_1491.