Last Will and Testament~Louisa (Moultrie) McNeill

On 22 January 1810, Louisa "Levicy" Moultrie McNeill wife of John McNeill was in Chesterfield County, SC involved in an Equity Suit with her siblings over a Land Transaction left lingering with the death of her father Joseph Moultrie in 1804.

It is not known when John McNeill, Levicey and other family members left Chesterfield but they migrated to Carroll County, Mississippi. There on 18 Mar 1841, we find their son Hector McNeill selling land he owned in Anson County, North Carolina (DB 11, Page 179).  But, before this transaction we find Hector marrying Lucy Crane on  28 March 1817 in Claibourne County, Mississippi. I still trying to determine when the family actually arrived in Mississippi.

On 23 February 1857, Louisa "Levicy" (Moultrie) McNeill was on her death bed. Dr. Jesse Sullivan, the family physician was sent for and arrived to attend to Mrs. McNeill. Also present at the time was Calvin Sinclair and his wife Sarah (McNeill) Sinclair. Mrs. McNeill asks the Doctor to send for a local Judge by the name of Strake (best I can make out) so that she could execute a last will and Testament. The Doctor convinced her (Levicy) that it was imminent that the Will be written expeditiously and that he was able to document her verbal instructions. So the Bedside Will was completed; witnesses were found and the Will was executed on the morning of the 23 of February 1857.  

There are 157 Trees on Ancestry and everyone one of them (that has a date) shows that Louisa "Levicy" (Moultrie) McNeill died on 23 Feb 1857.
But, that IS NOT her DEATH DATE according to the Probate Record for her estate. 

The Last Will & Testament of Louisa "Levicy" (Moultrie) McNeill 

143    Louisa McNeill’s Last Will & Testament
 
The State of Mississippi}
Carroll County} In the name of God. I Louisa McNeill being Sound in Mind and apprehensive of death do make this my last will and appoint Isaac Sullivan as my Executor to carry out the same; 1st I devise all my debts be paid the Negro woman Columbia to be sold two hundred dollars to be given to Neill McNeill Son Hector and the balance of the proceeds of Columbia to go to Mary Craig together with the Amt of two notes on Louisa McKenzie for one hundred and fifty dollars, One on Sarah Sinclair for one hundred & fifty dollars. I will & bequeath that Wm. McNiece’s heirs shall have the benefit of Peter at his death Wm to have Peter his lifetime. I give to hector McNeill Son James a Negro girl Lotty, the Six hundred dollar note on Hugh McKenzie to be given to John McNeills heirs, My 2 beds to be given to Louisa McNeill & the other to Louisa Sinclair. In testimony whereof I hereunto set my hand and seal Feby 23rd 1857.                              Louisa X her mark McNeill
Test.  J. J. Andrews
H. G. Bennett
 


                                                                   Testimony
State of Mississippi}
Carroll County} This day personally appeared in open Court J. J. Andrews and H. G. Bennett Subscribing witnefses to the last will and testament of Louisa McNeill who being duly Sworn deposes as follows viz: J. J. Andrews testifies, that he Subscribed the instrument purporting to be the last will and testament of deceased Louisa McNeill as a witness in her presence but at the request of others the request was made in her presence & she perhaps heard the request made. Don’t know whether she was of sound mind or not.
                                                              Crofs Examination
The Will was signed in the morning sometime in February [23 Feb. 1857] last.  She, Testatrix, died next day. I signed the same in her presence. I don’t know that the will was made in her presence [illegible???].The pen was put in her hand & She made her mark. I did not know positively what it was I was Signing at the time – She was hardly ever well – at times she was worse.I lived near her before her last Sickness. I suppose she competent to allow to her [personal ??] affairs, but it was as much I don’t know when the papers was written. She was very feeble at the time of signing had to be held up in bed.--I heard her talk, but little. She Spoke to Sinclair he was trying to explain some transaction about land – I think he made her understand it tho it was a difficult matter. I think if She was compelled to make a will it was “Just All” She was naturally hard of hearing. I think She signed other papers at the same time. I don’t know that she Knew said paper to be her Will. I was requested to come into the house witnefs some papers which I did. I think I signed several other papers as a witnefs. The paper was [illegible] me to sign right in the presence of the testatrix, when I signed it – I don’t know whether she heard the requester not. I reckon She saw me sign it.  I signed directly    
 
Page 144 – Same Continued
after She did & while She was yet Sitting up, there was nothing to prevent her from Seeing me. The old lady was hard of hearing & very sick and it just seemed to me that she did not want to be [illegible??] about such things. Mr. Sinclair as I said was trying to explain a Land transaction to her which he had deficiency making her understand & had to go over more than once to do so, where she made her Mark as aforesaid. Dr. Sullivan was sitting by the bedside where the old lady was lying and asked me to come up & sign as a witnefs, if he called it a Will I don’t remember it. As well as I remember Dr. Sullivan held her hand to Steady it while She made her mark, I don’t know whether she requested him to hold her hand or not, I cannot tell whether he controlled the pen or whether she did it herself. When I Spoke of her not wishing to be pressured about such things, I intended the remarks to apply to the land transaction with Sinclair – I saw no difference in her Situation then from what it was when she made her Mark as aforesaid to the will. This conversation about the Land was after Signing the Will, a few minutes, or a little while perhaps a half hour. Thinks the testatrix was seventy or seventy-five years old tho don’t know her age. Sworn to and subscribed before me}
in open Court May 1st 1857}                     J. J. Andrews
A.  M. Nelson Clerk }
    
H. G. Bennett Testifies, I was requested by Dr. Sullivan to Sign the instrument aforesaid as a witnefs, which I did in presence of testatrix don’t know whether She was of sound mind & memory at time – or not Saw her make her Mark Dr. Sullivan taking hold of her hand to steady it. The request to Sign or the signing was all in her presence. I had but little personal acquaintance with the testatrix, I don’t know whether She Saw me Sign or not. I signed at the foot of the bed & She was Siting up or being prop up or held up—She could have seen me sign, the witnefs Signed immediately after the testatrix. 
                                                             Crofs Examined
Don’t know her age but think she was seventy or seventy-five years old. At the time of Signing aforesaid She looked very Stupid. She looked to me like she was sick. I can’t say whether she knew what she was about or not. Don’t know whether the paper we Signed was written that Morning or Not.Just before the signing Dr. Sullivan said it was nosy. Don’t know whether testatrix knew Dr. Sullivan had requested me to subscribe [or] not. When I came up & before going into the House Mr. Sinclair said Dr. Sullivan was writing a will. After going in the house & when Dr. Sullivan had said “it is ready” I went up to the bed & signed, this was the only request to sign that was made in her presence. Sinclair had told me while out of doors that he wanted me to witnefs the Will. This is what I meant when I said I was requested to sign in her presence. I only heard here Speak a few words. After coughing she said, “Lord have Mercy”. This was all I heard her say, the will was not made at all while I was in the [house]. Nor did she read it.  
Page 145    - Same Con’t
She was hard of hearing. I don’t think any of the body of the Will was written after I got in the house.
Sworn to and subscribed before me in open court}             H. G. Bennett
May 4th 1857. A. M. Nelson, Clerk}
Dr. J. Sullivan Testimony

State of Mifs.}
Carroll County} Personally appeared in open Court Dr. Jesse Sullivan who being duly Sworn and examined in relation to the Will of Louisa McNeill testifies as follows. She was very old and had had a cough for about 20 years as she told me & as I believed. I am a physician & been the family physician of the testatrix about three tears. She was sick at the time the paper offered for private was executed when I arrived in the Morning at Mrs. McNeill house, She requested that Judge Srake Should be sent for to write her Will.  I told he she had no time to lose & remarked That I could write a will that would Suit her, when I set down to write the Will I told her that it was necessary to have Witnefses She asked who should do, I told her anyone would do who was not interested. I then told Mr. St. Clair to send for witnefsed & he sent for the subscribing witness Bennett. Ambrose being already there, I write the Will while the witnefses were being sent for the testatrix advised me what disposition She would make of her property and I wrote it as she strikethru directed & read it over to her after it was written & she approved it, during the time I was writing the Will I had occasion several times to ask her what disposition she wanted to make of certain affects, Mrs. St Clair her daughter would repeat the question to the old lady & she (the old Lady) would then tell me what to write, no other person said anything to the testatrix during the time I was writing the Will. The Will was finished soon after the witnefs Bennett arrived & when finished & read 0ver to her I called on the Witnefses to come forward telling them it (the will) was ready. I do not know that anything was said at the time as to the nature of the instrument, but it was well understood by the old lady that the witnefses were then to convey witnefs the will by virtue of the request she had made tome to procure witnefses to her Will. I would state that her mind was when [illegible??]up as good as it had been since my first acquaintance with her, as shown by her remarks in reference to the Land & other things but that when left alone she would go to Sleep from the fact that the circulation was [illegible??]. She was old and very infirm, and I have no doubt the mind & body both have been on the decline for several years. I also State that when I had the first talk with her that she was not so sleepy as afterwards and that we did rouse her up when the Will was strikethrough finished and read it to her.
Sworn to & Subscribed before me}
In open Court May 4th 1857.}                          J. Sullivan
A.  M.Nelson, Clerk}
Will filed 6th April 1857 A. M. Nelson, Clerk

This document clearly states that the Will was written on 23 February 1857 and the testimony of J. J. Andrews under Cross-Examination States:  "The Will was signed in the morning sometime in February [23 Feb. 1857] last.  She, Testatrix, died next day. I signed the same in her presence..."

Louisa "Levicy" Moultrie McNeill died on 24 February 1857.

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[1] https://www.familysearch.org/ark:/61903/3:1:3QS7-89Q6-D6DL?i=102&wc=M7M2-CWL%3A344534401%2C344864101&cc=2036959

[2] https://search.ancestry.com/cgi-bin/sse.dll?dbid=8995&h=1439936&indiv=try&o_vc=Record:OtherRecord&rhSource=8054
[3] https://ancstry.me/2lWs4ZQ
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Louisa McNeil Mississippi, Wills and Probate Records, 1780-1982
Mississippi, Wills and Probate Records, 1780-1982 for Louisa McNeil
Carroll Will Record, 1st District, Vol A-B, 1834-1939; page 143
Carroll Will BOOK "A". page 143