Will of Jesse Dodd Sr.
THE STATE OF SOUTH CAROLINA )
UNION DISTRICT )
In the name of God, amen. I, Jesse Dodd Senr. of the District and State aforesaid, being of sound and disposing mind and memory, but weak in body and calling to mind the uncertainty of life, and being desirous to dispose of all such worldly estate as it hath pleased God to bless me with, do make and ordain this my last Will, in manner following, that is to say:
ITEM 1st. I desire that so soon after my death as may be convenient, all my just debt and funeral expenses be paid out of convenient, all my just debt and funeral expenses be paid out of the first monies arising from the sale of any of my property.
ITEM 2nd. I desire that my children here named to-wit:
William Dodd, Mary Blackburn, Dianna Dodd, Sarah Sparks, wife of Wm. Sparks, Thomas Dodd, Thompson Dodd, Ailsey Nix, wife of Miles Nix Senr., Elizabeth Donan, wife of John Donan, Jesse Dodd Jun., Susannah Gentry, wife of William Riley Gentry, Nancy Dodd and Edward C. Dodd shall all have share and share alike of my estate - except my Daughter Nancy Dodd, who is to have Two Hundred Dollars extra on Account of extra services rendered me, the same to be allowed to her in any item of property she may choose, which may belong to my estate at my death.
ITEM 3rd. I desire it expressly understood that in making each child's share equal, reference shall be had to the amount each one has already received, which is as follows, to-wit:
William Dodd has had Two Hundred and Eighteen dollars; Mary Blackburn has had Four Hundred & Seventy dollars; Dianna Dodd has had Twenty two dollars; Sarah Sparks has had One Hundred & fifty dollars fifty nine cents; Thomas Dodd has had One Hundred and ninety Dollars; Ailsey Nix has had Twenty five dollars; Elizabeth Donan has had One Hundred and two dollars & fifty cents; Jesse Dodd Jr. has had Two hundred & ninety two dollars twenty five cents; Susannah Gentry has had Two Hundred and forty dollars; Nancy Dodd has had no part of my Estate; Edward C. Dodd has had Four Hundred and Ninety Dollars. These amounts have been paid in property & money - and an account kept by myself.
ITEM 4th. I desire that at my death my son Jesse Dodd Jr. shall have so much of the tract of land whereon I now reside, as may lie east of the road leading directly from where Jabez Huff now lives - to the old Foster road - and also east of a line across said Foster road, directly to Benjamin Dehay's land and shall account for same at five dollars per acre - and that he shall not be required to pay any rent for so much of the said land as he may use to cultivate during my life.
ITEM 5th. I desire that my Daughter Nancy Dodd shall, for the cause mentioned in Item 2nd, have the privilege of choosing one of my negroes, and taking the same at valuation, (less Two Hundred Dollars as heretofore provided).
ITEM 6th. I desire that my Daughter Ailsey Nix shall have the liberty of receiving ten per cent annually of her share of my estate, through the hands of a trust to be appointed by me, - and to continue to do so during her life, or until her share shall be exhausted, if she chooses, - and if at her death there should be a surplus or balance of her said share in the hands of said trust, it is my desire that her daughter, Elizabeth Sexton, shall receive the same in full, to do with as she may choose.
I also desire that my Daughters Sarah Sparks and Susannah Gentry shall receive their shares of my estate through the hands of a trust to be appointed by myself, the same to be for the express benefit of my said daughters, during their lives, and at their death, or at the death of either of them, the same to be for the benefit of their children share and share alike, that is - my daughter Sarah Sparks' share, at her death to be divided equally amongst her children and my daughter Susannah Gentry's share, at her death, to be equally divided among her children.
ITEM 7th. I desire that my slaves shall have the liberty of choosing their owners, provided those chosen shall take them at a valuation set upon them by three disinterested appraisers to be appointed by my executor hereinafter named.
ITEM 8th. I desire that the remainder of my property both real and personal shall be sold to the highest bidder on such terms as my executor hereinafter named may think best for the benefit of the legatees.
ITEM 9th. I desire that my executor shall have full power to advertise-sell-collect & settle up my entire Estate without the expense or trouble of an order from court - and shall have power to make good and sufficient title to all property disposed of according to the intent of this will and shall receive therefore One Hundred Dollars in lieu of the ordinary commissions.
ITEM 10th. I constitute and appoint my son Thompson Dodd my executor to this my last will and testament.
ITEM 11th. I desire that if any of my children shall, either directly or indirectly attempt or cause to be made an attempt to set aside, or in any way alter this my last will & testament, said child or children be deprived of the part allotted them - and the remainder of their share or shares shall be equally divided amongst so many of my children as may be disposed to let this my Will be carried out.
ITEM 12th. I desire that my said Executor shall act as trust for my daughters Ailsey Nix, Sarah Sparks, and Susannah Gentry.
In witness whereof I have hereunto set my hand and affix my seal, this twentieth day of May A.D. one thousand eight hundred & fifty seven.
Signed, sealed, acknowledged )
and published, as and for the )
last will & Testament of Jesse )
Dodd Senr. in the presence of us. )
The words "has had" between the ) JESSE DODD Senr. (L.S.)
third & fourth lines, on second )
page, interlined before signing. )
W. S. Gregory
W. M. Ray
STATE OF SOUTH CAROLINA )
UNION DISTRICT ) By B. Johnson Esquire
Ordinary of said District.
Personally appeared before me W. W. Gregory who being duly sworn on the Holy Evangelist of Almighty God, doth make oath and say that he saw Jesse Dodd Snr. Sign, Seal, Publish, Pronounce and delare the same to be and contain his last will and Testament and taht he, the said Jesse Dodd Snr. was then of sound and disposing mind, memory and understanding to the best of this deponents knowledge and belief, and that he the said deponent did sign his name thereto and witness together with Dorah Ducker & W. M. Ray, at the request of the Testator, and in his presence, & also in the presence of each other.
Given under my hand this first day of June Anno Domini One thousand Eight hundred and fifty seven.