State of SC, Fairfield Dist. To Wit.
To all to whome these presents shall come be it known that I DARLING JONES ~
being of disposing mind do make and constitute this my last will and testament
in manner following that is to say ~
I give to my beloved wife JANE part of the tract of land whereon I now reside
which is composed of part of several smaller tracts That part which I hereby
give to her has the following boundaries ~ That is beginning at the river on the
line of JOHN MICKLE'S land and following the same to a corner ~ Then changing
its direction a long the line of the said JOHN MICKLE-Then following the
dividing line between REUBEN HARRISON and myself to the Rockey Mount road as it
is now established ~Then up the said Road a small distance to my Corner-Then
following a dividing line between REUBEN HARRISON and myself to a stake corner
over MILEY'S BRANCH-Then along the same line to the Columbia Road as now
traveled to my house (being a
little different to the direct road as traveled from MICKES FERRY near where it
intersect the Rockey Mount road) Then along the said Road to where it intersect
the Rockey Mount road when going to my house-Then down the Rockey Mount Road to
THOMAS BRIGG'S gate to where it now stands by the side of the same Thence in a
right line to a poplar standing on the bank of my Spring Brance (otherwise
called MILEY'S BRANCH) at MC GRAW'S bluff Thence along the dividing fence or
line between MAJOR JAMES GOODWIN and myself ~ (being the same I gave my daughter
MRS. GOODWIN at the time she was marryed) and to follow the same to the river
Then up the River to JOHN MICKLE'S line ~ The said land given being the same my
dwell house negro-houses and so forth are now situated upon.
I further Give to my beloved wife JANE my summer retreat and the land included in the following boundaries ~ That is beginning in the Winnsborough road at the schoolhouse pat ~ Thence (along said road or if the same is not straight) in a right line to the schoolhouse spring ~ Thence down the branch to DR. T. BRIGG'S line ~ Thence up his line to REUBEN HARRISON'S line, Thence along the line of said REUBEN to the Winnsborough road again ~ Thence down the Winnsborough road to the school house path again ~~
The said two tracts of land first and last described I do however only give
or loan to my said wife JANE during the term of her natural life and no longer ~
and the said last mentioned tract of land to wit my summer retreat ~ If my wife
should not occupy it as a place of summer residence I debar her the right of
Renting the same but give the powere to do so to my executors who in relation to
the propriety of renting at all and the choice of tenants are to use an
unlimited discretion ~and are to pay over to my said wife the rents when any are
received ~ The said lands before described that is both tracts I give to my
grandson THOMAS BRIGGS and his heirs forever provided he should live to be
twenty one years of age or should die younger leaving issue lawfully begotten
Then living who can take the same ~~ and if he should die under twenty one years
of age leaving no issue lawfully begotten I give the same to my two grand
daughters ELIZABETH and JEMIMAH BRIGGS to be equally divided between them or to
the survivor of them if they should not both survive their brother ~ Reserving
however the life estate to my wife provided she should be living when my said
grandson attains the age of twenty one years ~
I further give to my said wife JANE one half of my house hold furniture, the half of my stock of horses, Mules, Cattle Hogs and sheep which may be on the Plantation at the time of my death-also the carriage horses and Carriage which may be then there To Wit on the plantation which I have given her during her natural life -- and also the property of what kind soever which I may acquire a right to by my marriage with her to dispose of as she may be disposed and forever as well as the articles of personal property before mentioned ~~
The aforesaid gifts are However to be in lieu and bar of dower and every other interest in my estate and if she should Claim and receiver her dower she is to have no further interest in my estate than her dower ~~ I give to my daughter JEMIMAH BRIGGS all the lands included in the following boundaries That is begining where my outer line Crosses the Columbia Road-and down the said Road towards my house as given to my wife to the Rockey Mount Road Then down the Rockey Mount road to DAVID ELKIN'S lower line -Thence along said line on the South West side of the Rockey Mount Road to THOMAS BRIGG'S line -Then along his line to the Columbia road again ~~
I further give to my daughter JEMIMAH the land included in the following boundaries To wit ~ Begining at the school house path aforesaid Thence to the Spring aforesaid ~ Thence down the Spring branch to the MINER WINN Tract -Thence along the line of the same to the lands ~ which were JAMES BRIANTS ~ Thence along the line of the same to the Winnsborough road agaian and Then along the said road to the said Schoolhouse path again, the said lands Joining the Tracts of THOMAS BRIGGS's where on his Summer retreat is situated. These two tracts of land I had before given to my said daughter the first at the time of her marriage and the other a few years since,
This being intended as a confirmation of the former gifts, I give to my son
ABRAM JONES and WILLIAM McWILLIE and their heirs in Trust for the use and
benefit of my Daughter LUCY ANN GOODWIN during the term of her natural life and
to the issue of her body to wit her Children who may be living at the time of
her death all the lands included in the following Boundaries ~~ That is
beginning at the gate of DR. THOMAS BRIGG'S before mentioned in the gift to my
wife-and thence proceeding along the line describing the land loaned to her to
the river ~ Thence down the river to ABRAM JONES'S land, Thence along the life
of the same to JOHN ROBERTSONS land ~ Thence along the line of the same to where
it intersects with McKEE'S line, Thince along the same to where it intersects
with the lower line of DAVID ELKINS ~ Thence along the same to the Rockey Mount
road-and Thence up the said Road to the gate first mentioned of the said THOMAS
BRIGGS. I further give as last mentioned all the lands included in the following
boundaries ~ That is beginning at the McKEE line on the old Rockey Mount Road
now not used, and now the line of JOHN ROBERTSON ~~& Thence down the said Road
to the outer line of the CATAWBA COMPANY ~ Thence along the line of the CATAWBA
COMPANY to its intersection with CUSACKS line ~ Thence along the same to CRAVENS
line-Thence along the same to JOHN ROBERTSONS line, ~ Thence along the same to
the old rockey mount Road again at the begining ~ The said lands were originally
purchased by MAJOR JAMES GOODWIN, ABRAM JONES and my self Jointly and of which
the titles were made to me-being part of a tract purchased of the CATAWBA
COMPANY ~ The other part of which belongs to ABRAM JONES ~
And I also give to the same persons and to the same uses and purposes as the two last mentioned tracts of land-All the land included in the following boundaries ~ That is beginning on the Winnsborough road at the outer Corner of the Cowpen fence of JAMES GOODWIN ~ Thence running on the direction of his fence such a distance on a right line as to make as near as practicable a square tract of two hundred acres and is to include all the Houses where JAMES GOODWIN now resides and the Cleared land and to which tract the Winnsborough road is to form one of the lines or boundaries ~ which land was given to my daughter as a home specifyed Previous to her husband building on the same ~ This being intended as a confirmation of the said gift ~
I now give to my son ABRAM JONES all the lands included in the following boundaries ~ That is begining at the mouth of my mill race on the River at ROBERT ELKIN'S corner Thence up the river to the land Purchased of DAVID GEORGE, Thence on the line of the same untill it intersects with the line of JOHN ROBERTSON ~ on land originally granted to MCKEE ~ Thence along the line of the same untill it comes to the old rockey mount road before mentioned ~ Thence along said Road as a dividing line untill it reaches the line of the CATAWBA COMPANY ~ Thence on the line of the same untill it attains the line of ROBERT ELKINS being his one hundred acre tract on the river ~ & Thence along the line of the same untill it reaches the first mentioned Corner on the River, being a part of several tracts and several whole tracts, being the same where on my mill is situated and he now resides ~~ I also now preceed to give to my daughter HANNAH ENGLISH - all that tract of land being and situated on the Waters of SAWNEY'S CREEK containing according to original grant nine hundred and Sixty five acres ~ The same having been granted to myself on the Seventh of October 1793 after deducting from the same what I have loaned to my wife connected with her summer retreat and what I have before given in trust to the persons before mentioned for the use of my Daughter LUCY ANN GOODWIN and the heirs of her body who may be living at the time of her death - Also one other tract lying across SAWNEY'S CREEK Containing three hundred and ten acres be the same more or less Granted to MOSES HEIRS, and HENRY GRIGG also one other tract lying on the South West side of SAWNEY'S CREEK Containing two hundred and ten acres granted to myself ~ The aforementioned lands are given to my said Daughter HANNAH ENGLISH during the term of her natural life and to the issue of her body who may be living at the time of her death and if she should die without issue of her body. I then direct that they be equally divided among my grand Children who may be then living and their issue in fee ~ I next proceed to loan to my wife JANE the following negroes in addition to what I formerly loaned to her in the preceeding Clauses of this will and on the same terms during the term of her natural life - That is Country born HARRY and HETTY his wife and son WILLIS and thier increase & also BEN and his wife CHAMBER and their child FOX - which said negroes and their increase at the death of my wife I give to my GRANDSONS THOMAS BRIGGS and JAMES DARLING JONES GOODWIN - and if either of those my grandsons should die without issue of the body lawfully begotten I direct their half of said negroes and their increase to be equally divided between my grandchildren That is those grandchildren who are the brothers and sisters of the deceased - I now give to each grandchild I may have living at the time of my death a likely young negro as nearly as possible can be selected out of my negroes of their own age - to the female a female slave and to the male a male slave ~ The same to be selected and designated by my Executors and three disinterested persons to be by them chosen ~~
The two following negroes WILL and MINDER I give to whomsoever of my Children they may prefer and desire to livewith - My object in giving them such choice is that as they have been to me faithful slaves ~ The evening of their days may be passed under the protection of a kind master or mistress ~ and I make it as the dying request of a parent to his beloved Children that they will attend to their Comforts and see that they are well treated ~
I give to my three granddaughters, REBECCA, LOUISA and MARY GOODWIN one half of my furniture which is to be divided between my wife and them by three disinterested persons to be chosen by my executors whose division is to be binding final and conclusive ~ my stock is to be divided in like manner ~
The Ballance of my negroes to be divided into four equalparts by three disinterested persons to be appointed by my executors and to be drawn for in the choice of lots-one fourth or lot of which said negroes together with those I loaned her at her marryage I give to my daughter HANNAH ENGLISH during the term of her natural life and at her death to the issue of her body who may be then living and if she should die without issue of her body ~ I authorise her to give them by deed or will in such manner among or to any of my grand Children as she may wish and if she should die without making any disposition of them I direct that they be then equally divided among my grandchildren who may be then living.
I also give one fourth or lot of my said negroes to ABRAM JONES and WILLIAM
MCWILLIE and the issue of their bodies who may be the living at the time of
their death in trust and for the use and benefit of my daughter LUCY ANN GOODWIN
aforesaid During the term of her natural life ~ (which as well as the
land before settled upon her is not to be subject to desposal debts or contracts
of her present or any future husband) and at her death to the issue of her body
who may be then living-one forth or lot of the said negroes I give to my
daughter JEMIMAH BRIGGS during the term of her natural life and at her death to
be equally divided among her children who may be then living-and the other
fourth or lot I give to my son ABRAM and his heirs forever ~~
As for the payment of my debts I make the following provision that is I direct the half of my stock of all kinds which I have not given to my wife to be sold by my executors for the purpose of paying the same ~ and if the proceeds of the sale should not be suficient for that purpose, I direct that my wife, ABRAM JONES, COL. THOMAS ENGLISH, MAJOR JAMES GOODWIN and DR. THOMAS BRIGGS pay each one fifth part of the ballance of the same - or make satisfactory arrangements with my executors for that purpose before they receive any portion of the property which I have given or loaned to them or their wives by this will - and that said property be worked and kept together by my Executors untill my debts are paid provided they refues ~~ I now finally direct that the ballance of my estate be equally divided among my children of if they should be dead the issue of their bodies at the time of my death ~~
I further appoint and Constitute my son, ABRAM JONES and MAJOR JAMES GOODWIN my son-in-law and WILLIAM MCWILLIE Executors of this my last will and testament ~ and hope they may be permitted peaceably and in a friendly manner to carry the same into full effect ~ and I do further declare it as my will that if any person who I have mentioned as a legatee in any preceeding part of this my will should institute any suit or suits in law or equity for the purpose of defeating any of my intentions herein expressed That I evoke all gifts made to them or for their benefit and direct the legacy given to them to be equally divided among my Children and in lieu of said legacy I give them one hundred dollars-In witness whereof I have hereunto set my hand and seal as well as to the six preceeding sheets which are written but on one side of the same February ninth in the year of our Lord one thousand eight hundred and twenty four.
DARLING JONES
Witnessed in presence of Testator & Each other
EVERARD CURETON, W. VERNON, LEMUEL REID
(signed at bottom of each page:
DARLING JONES
Witnessed in Presence of Testator EVERARD CURETON, W. VERNON, LEMUEL REID)
Recorded 9 Jul 1830