The Last Will and Testament of Delilah (Edmunds) Gandy

Delilah Edmunds was born about 1775 in South Carolina. She married Maximillian Booker "Maxwell" Gandy  about 1797. Booker and Delilah had eleven children between 1798 and 1816. One of those children was said to be a daughter, Nancy Gandy, who married Jeremiah Polson/Polston about 1828. However, Nancy (Gandy) Polson/Polston is not named in either Booka or Delilah's Last Will and Testament.  

The State of South Carolina}                                       

Darlington District}
                              I Delilah Gandy of the District of Darlington and State aforesaid being of Sound and disposing mind memory and understanding do make and declare the following as my last will and Testament, viz
Item 1st It is my will and desire that All my just debts be paid from the money on hand & the debts that may be due me at the time of my death. 
Item 2nd I give and bequeath to each of my Children hereafter named to wit: Darius Gandy, Max B. Gandy, Abel Gandy, Elizabeth Tolson, Eleanor Fort, Darius Gandy, Jane [H]owl[e], Damarius Johnson, Delilah Mercer & Aaron Gandy the sum of five Dollars, to be paid by my Executor hereafter named after my debts are paid.
Item 3rd All my Estate Real and personal including the portion due me of my Husband, Bookey Gandy’s Estate except as herein before deposed of I give devise and bequeath to my Son John E. Gandy to him and his heirs forever.
Item 4th I nominate constitute and appoint my Son John E. Gandy the executor of this my Last Will and Testament.
In testimony whereof and Revoking all former Wills and testaments I have hereunto Set my hand and Seal this the fourteenth day of January in the year of our Lord Eighteen hundred and forty-five.
Singed Sealed published and declared as
and for the Last will and Testament of                            Delilah X Gandy {Seal}
Delilah Gandy the testatrix in the presence
Of us who Subscribed our names hereto as
Witnefses in the presence of said Delilah
Gandy in the presence of each other.
The words due me between 1st  2 lines of 3 clause underlined
before signing.
John F. Ervin
C. H. Nettles 
J. A. Dargan
 
The State of South Carolina}
Darlington District}
                              Personally appeared before me the subscribing officer – J. A. Dargan one of the subscribing and after being duly sworn Says that he was present and did see Delilah Gandy the within named Testatrix Sign seal and publish the within instrument of writing as and for her Last Will and testament and that she was at the Same time of Sound and disposing mind memory and understanding as this deponent Doth believe and that he together with John F. Ervin and C. H. Nettles witnefsed the due Execution of the Same at the same time in the presence of each other and the testatrix.
Sworn to before me                                             J. A. Dargan
This 2d day of January 1860
John J. Rufsell
 
The State of South Carolina}
Darlington District}
                    John E. Gandy was this day duly qualified Executor to the within Last Will and Testament of Delilah Gandy, January 2d 1860
                                                           John J. Rufsell
                                                           D. D. D.

In this Will, Delilah named 11 individuals as her children, to wit: “Darius Gandy, Max B. Gandy, Abel Gandy, Elizabeth Tolson, Eleanor Fort, Darius Gandy, Jane [H]owl[e], Damarius Johnson, Delilah Mercer & Aaron Gandy and my Son John E. Gandy".

There are over 200 Trees online at Ancestry and the FamilySearch World Tree that are explicit in stating and naming Nancy Gandy, daughter of Booker Gandy and Delilah Edmonds, as the wife of Jeremiah Polson/Polston. This is very concerning, but with the lack of sources and the massive copying by “Desk Chair” family history enthusiast it’s not a surprise. Yet, no mention of a daughter, Nancy Gandy or Polson/Polston, was mentioned in the above Last Will and Testament.

So if there is no Nancy Gandy in the Booker & Delilah Gandy Family; Who is the Nancy (b. abt. 1815 - d. bef. 1870) married to Jeremiah Polson/Polston?  Who are Nancy's parents? 

From a DNA perspective, I have a total of 122 matches that say the Nancy Gandy and her Father Maximillian "Booka" Gandy are my 3rd and 4th Great Grandparents.

I have not found a death date or source for Nancy (Gandy) Polston; but, there are hundreds of trees on-line stating she died in 1870 and 1880. If she passed away, it was before 1870 because Jeremiah Polson/Polston had a wife named Ausby, age 63, living in his 1870 household. 

Is Delilah (Edmunds) Gandy my 4th Great Grandmother? I think more research is needed to conclusively prove that she is my 4th Great Grandmother.

___________________

1. Delilah Gandy (1845), WILL BOOK: Will Book 11; page 9; Probate Office, Darlington, Darlington County, South Carolina

The Last Will and Testament of Booka Gandy (1771-1844)

Shortly after his 72nd birthday, Maxmillian Booker “Booka” Gandy wrote his Last Will and Testament dated 10 January 1844. He had lived a long life and with his wife Delilah had reared a large family of eleven children; five sons and six daughters. Yet, in his Will he only mentioned his wife, Delilah and his youngest son John Evans Gandy.

Transcription:

Bookey Gandy Last Will and Testament

State of South Carolina}
Darlington District}
             In the name of God Amen. I, Booka Gandy of the district & State aforesaid being of sound mind and body do make this my last Will and Testament.
I Give and bequeath to my wife Delilah Gandy during the term of her natural life provided she out lives me, all that plantation or tract of land situate in the district and state aforesaid on which i now live and containing four hundred acres more or lefs and after her death or if she dies before me I give and bequeath the said plantation to my son John E. Gandy his heirs and afsigns forever. In testimony whereof I have hereunto put my hand and seal this 10th January in the year of our Lord one thousand eight hundred and forty four and in the sixty eight year of the Sovereignty and Independence of the United States of America.
Signed Sealed & delivered}                                           Booka Gandy
as the last Will & testament}
of Booka Gandy in the}
presence of us who signed}
our names in the presence}
of him and of each other}
Darius Gandy
Max B. Gandy
Isaiah S. Gandy

South Carolina}  In the Court of Ordinary
Darlington District}  June 3rd 1844
             Personally appeared before me Darius Gandy and made oath that he was present and did see Booka Gandy the within Testator sign seal and declare the within instrument of writing as and for his last Will and testament and that he was at the same time of a sound and disposing mind & that Max B. Gandy & Isaiah S. Gandy together with himself witnefsed the due execution thereof at the same time & in the presence of each others & of the Testator. Ervin B. Bunyon O.D.D.}  Darius Gandy

WILL BOOK 10, Page 78
Darlington County, SC
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9P1-T9FR-J?i=448&cat=476697

Witnesses to the Last Will and Testament was Booka’s  two sons', Darius and Max B. along with Isaiah S. Gandy a son of Shadrack Gandy, a younger brother to Booka Gandy.  

Booka Gandy died a little more than three months after executing his Will. His probate record shows that he passed away on 25 April 1844.

Transcription:

Page 217
Est Booka Gandy Pet. for Probate of Will
State of South Carolina}  To Ervin B, Brunson Esq, Ordinary of Darlington District
Darlington District} The humble petition of John E. Gandy respectively sheweth that Booka Gandy of the District & State aforesaid departed this life on the 25th day of April A.D. 1844, seized of a tract of land situated in said District That the said Booka Gandy duly executed a will by which he devises said tract of land to his wife Deliah Gandy for life & after her death to the said John E. Gandy and died leaving the said Will un-revoked & in full force.
Your petitioner therefore prays that the said will & testament of the said Booka Gandy may be admitted to probate in the Common form and your petitioner will ever pray &c. 3 June 1844
                                                                                    John E. Gandy

_________________________________

[1]. WILL BOOK 10, Page 78; Darlington County, SC
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9P1-T9FR-J?i=448&cat=476697

[2]. Page 217- https://www.ancestry.com/imageviewer/collections/9080/images/007649409_00350?usePUB=true&_phsrc=DCM602&_phstart=successSource&usePUBJs=true&pId=747415