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Will of Obadiah Spears

South Carolina

Sumter District

 

    I Obadiah Spears of the District and State aforesaid, being in infirm health, but of sound and disposing mind and memory, do make this my last Will and testament hereby revoking, and annulling all former Will by me at any time made.

    In the first place I give and bequeath to my Son Joshua A Spears the following Negro Slaves to wit Charlotte & her child Hiram & Silas, to him His Executors & Administrators, in trust however & for the use of my daughter Elizabeth Lansdell the Wife of William M Landell as a sole & seperate Estate, not to be subject to the debts or disposition of her said husband, for and

during the term of her natural life, and after her death to such child or children as she may leave alive at her death equally to be divided between them, but should my said daughter die without

leaving any child or children alive at her death, the above Negroes and their increase & whatever other property given to her in this my Will, may be then remaining, to be equally divided between my Sons Henry & Joshua A, or the survivor of them.

    Secondly I give and bequeath to my son Joshua A Spears the following Negroes to wit Caleb, Hiram the elder and Ellen, to him his Executors and Administrators in trust however, that he will

manage the said Negroes to the best advantage according to his discretion & pay over to my son Henry, the proceeds & profits of their labor, or if in his opinion advantageous to the said Henry permit him to have the use of the said Negroes The said Henry to have the use of the said Negroes, or to receive, the proceeds and. profits of their labor at the descretion of my said Son Joshua A Spears for & during his life, and After his death, the Said Negroes & their increase to be equally divided between such child or children as he may leave alive at his death; but should my son Henry die without leaving any child or children alive at his death, the said Negroes & their increase to be equally divided between my other children or the survivor of them.

    Thirdly I give, devise & bequeath to my Son Joshua A Spears all my real estate, and the following Negroes, to wit, Manson, Rachel, Caroline, Emily, Delia, Isaac, Harriot, Melville, &

Washington, to him, his Heirs, Executors & Administrators forever. And I do herby charge upon the property hereby given to him, the sum of two hundred & fifty dollars, to be paid by him to

my daughter Elizabeth Landell or to be invested by him for her use with the same limitations and conditions above exprefsed: And I do also charge upon the Said property hereby given to him, the further sum of four hundred & Seventy five dollars, to be paid by him to my son Henry, & to be invested for him in property to be subject to the same limitations & conditions above exprefsed.

    Fourthly I will & desire that all the rest & residue of my property be sold, for the payment of my debts and the expenses of Administration to be equally divided between my said three Children, in the same way as the property is above given to them respectively.

    Lastly I nominate constitute and appoint my son Joshua A Spears the Executor of this my last Will and Testament.

    In Witnefs whereof I have hereto  set my hand & affixed my seal this eight day of May 1833  in the year of our Lord one thousand eight hundred & thirty three & in the fifty seventh year

of American Independence.

 

Obadiah Spears (SEAL)  

Published & declared by the Testator as his last Will in the presence of us who have subscribed our names as Witnefses of the due Execution thereof in the presence of the said Testator

Larkin Jennings

Noel Vaughan

John Vaughan

        

Recorded in Will Book D-2, Pge 25)

Recorded 25th Day of Sept 1840

W. Lewis Ordy

Bundle 132, Pkge 4