Today we will look at the last will and testament of John Bittle. Many families both in Anson County, NC and Chesterfield county, SC are descendants of John Bittle and his wife Mary. Mary’s last name is unknown but many researchers think her surname may be Gathings.
In the interest of brevity I am only enclosing page 1 of the Last Will and Testament with a link whereby you can freely download all pages of the Will.
John Bittle and his wife Mary had nine children.
Transcription:
The State of South Carolina,
In the name of God, Amen.
I John Bittle of the District of Chesterfield and State aforesaid,being of sound and disposing mind and understanding, do make publish and declare this to be my last will and testament, in manner and form following viz:
First_It is my will and desire that all my just debts and funeral expenses be paid.
Second_ I give and bequeath to my sons Irvin Bittle, Burrel R. Bittle and John W. Bittle each Five dollars.
Third_I give and bequeath to my daughter, Elmira Long, (widow of Edmund Long), Mary Ulsey Liles (wife of Thomas H. Liles), Eliza Jane Brantley(wife of Wm. P. Brantley) and Narcissa Riley (Wife of Alex. H. Riley) each Five dollars.
Fourth_It is my will and desire that my Executors hereinafter named shall if necessary, dispose of such of my personal property,as to them shall seem best, to the advantage my estate, in paying of my just Creditors, and funeral expenses, and the legacies bequeathed respectively to my sons and daughters above named.
Fifth_I give and bequeath to my two daughters, Roxana Bittle and Emily Vick (widow of Albert Vick, deceased) the whole of the remainder of my estate, both real and personal, to have, hold and enjoy the same jointly during their natural lives, and upon the death of either of my said daughters, (Roxana or Emily), it is my will and desire that, that portion of my estate to which she was entitled at her death, shall go to the one then surviving, (Roxana or Emily) and at the death of the other, it is my will and desire that the wholeof my estate both real and personal be equally divided among all of my heirs,share and share alike, my Grandson Franklin Bittle son of my daughter EmilyVick taking an equal share with the other of my heirs the child or children of any deceased parent, taking the share to which his, her or their parents would have been entitled if living.
Sixth_It is my will and desire that my two daughters Roxana Bittle & Emily Vick shall remain and live together on my estate, and in case either of them should marry, it is then my will and desire that, that portion of my estate to which she was then holding and enjoying, shall go to the use and benefit of the other, and in the event that both of my said daughters should marry, it is then my will and desire, that my estate real and personal be divided among all of my heirs in the same manner as prescribed in the fifth clause of this my will---
Seventh_I hereby nominate constitute and appoint my friend David Rivers, & A. M. Streater Executors and my daughter Roxana Bittle Executrix to this my last will and testament.
In testimony whereof I have hereunto set my hand and seal this Twenty fifth day of February,in the year of our Lord One thousand eight hundred and sixty eight and in the Ninety second year of the Sovereignty and Independence of the United States of America.
Signed, Sealed, published and} John X his mark Bittle (Seal)
Declared by the testator as and}
For his last will and testament}
In our presence who at his request}
and in his presence, and in the}
presence of each other, have signed}
our names as witnefses to the due}
execution thereof}
W. J. Hanna
W. T. Craig
H. Craig, Jr.
State of South Carolina}
Chesterfield County}
We do solemnly swear that the annexed writing contains the last will and testament of then above named John Bittle deceased, so far as we know or believe, and that we will well and truly execute the same by paying first the debts and then the legacies contained in said Will, as far as his goods and chattels will thereunto extend and the law charges us; and that we will make a true and perfect inventory of all such goods and chattels—so help as God.__
Sworn and Subscribed to before me} David Rivers
The 25th day of February 1871.} A. M. Streater
Hugh Craig
Judge of Probate
_______________________________
This will was contested to the level of the SC Supreme Court. The heirs of Eliza Jane Bittle Brantley and heirs of her siblings, felty the will did not exclude them from inheriting from the estate. Many prescient cases are mentioned in the judge’s statement. Sounds reminiscent of the billionaire suing ConocoPhillips for the heirs of a black family that now feel the sale of property did not include the heirs interest in the property that produce a lot of oil money in TX.
ReplyDeleteThanks. I wasn't aware of this lawsuit. Very Interesting.
ReplyDelete