Orange County NcArchives Wills.....Witherspoon, Susan D March 23, 1854 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume G, pages 69-71 Written: March 23, 1854 Recorded: Aug 1854 Testator: Susan D Witherspoon South Carolina } Kershaw District } In the Name of God; Amen, I, Susan D. Witherspoon Widow do make and ordain this my last Will and testament 1st I Give devise and bequeathe the whole of [my] Estate of whatsoever nature and descrip -tion and wheresoever lying and being unto J. W. Norwood of Hillsboro' No Ca to him his Heirs Exers & Admins forever, upon this special trust and confidence that he shall hold and receive the rents issues and profit of the said Estate for the use and benefit of my daughter Mary Nash Witherspoon for her sole and separate use, so long as she remain single, And in case my daughter Mary should ever marry the said J. W Norwood shall convey One Moiety of the said Estate to a fit and proper trustee by proper deed upon the following terms viz that the rents issues and profits of the said moiety shall enure to the sole and separate use and benefit of the said Mary Nash Witherspoon for and during the term of her natural life free from the debts contracts or control of any husband with whom she may marry and from and immediately after the death of the said Mary the said Trustee shall stand seized and possessed of the said moiety for the use and benefit of such issue of the body of the said Mary as she may leave her surviving at the time of her death share & share alike to them their heirs & assigns forever And the said J. W. Norwood shall in case of the Marriage of the said Mary convey by proper deed to a fit and proper trustee the other moiety of the said Estate for sole and separate use and benefit of my daughter Susan K McDowall during the term of her natural life upon the exact terms conditions and limitations over as are mentioned here in before of and concerning the moiety devised and bequeathed for Mary's benefit; And in case my said daughter Mary should die unmarried and without issue of her body living at the time of her death then the One Moiety to be conveyed as before in- dication for the benefit of the said Susan K McDowall and upon the exact terms and Conditions before expressed in that behalf and the remaining Moiety to be distributed among my sons John Henry, and David share and share alike to them their Heirs & assigns forever and in case of the death of either of my said Children leaving Children during the life of the said Mary, such children to take among them their parents share And in case of the death of the said Mary after marriage without leaving issue of her body living at the time of her death the moiety devised and bequeathed for her benefit to be equally distributed among the Said Susan K. McDowall, John K. Witherspoon, Henry [page 2] Witherspoon and David Witherspoon share and share alike to them their heirs and assigns forever, the Children of any predeceased Child to take among them their parents share I hereby nominate and appoint my valued friend J W Norwood of Hillsboro N. Car. Executor of this my last will and testament In testimony whereof I have hereunto set my seal and subscribed my name this Twenty third day of March in the year of our Lord one thousand Eight Hundred & Fifty Four Signed sealed published & declared by testator as her last Will & testament Susan D Witherspoon (L S) in our presence, who in her presence and in the presence of each other hereunto at her request sign our names as Witnesses Mary C Reynolds Priscilla B. Perkins Samuel H Hay [Will Book Volume G, page 69] South Carolina Kershaw District In the Name of God Amen! I Susan D. Witherspoon Widow do make and ordain this my last Will and testament 1st I Give devise and bequeathe the whole of = Estate of whatsoever nature and description and wheresoever lying and being unto J. W. Norwood of Hillsboro No. Ca. to him his heirs Exers & Admins for ever upon this special Trust and Confidence that he shall hold and receive the rents issues and profit of the said Estate for the use and benefit of my daughter Mary Nash Witherspoon for her sole and seperate use so long as she remain single and in case my Daughter Mary should ever marry the said John W Norwood shall convey one moiety of the said estate to a fit and proper trustee by proper deed upon the following terms, Viz, that the rents issues and profits of the said moiety shall enure to the sole and separate use and benefit of the said Mary Nash Witherspoon for and during the term of her natural life free from the debts contracts or control of any husband with whom she may marry and from and imidiately[sic] after the death of the said Mary the said Trustee shall Stand seized and possessed of the said moiety for the use and benefit of such issue of the body of the said [Will Book Volume G, page 70] Mary as she may leave her surviving at the time of her death share & share alike to them their heirs & assigns forever and the said J W Norwood shall in case of the marriage of the said Mary convey by proper deed to a fit and proper trustee the other moiety of the said estate - fore[sic] sole and separate use and benefit of my daughter Susan K McDowel during the Term of her natural life upon the exact Terms condi =tions and limitations over as are mentioned herein before of and concerning the moiety devised and bequeathed for Marys benefit and in case my said daughter Mary should die un married and without issue of her body living at the time of her death then the one moiety to be conveyed as before indication for the benefit of the said Susan K McDowel and upon the exact Terms and conditions before expressed in that behalf and the remaining moiety to be distributed among my sons John Henry and David share and share alike to them their heirs & assigns forever and in case of the death of either of my said children leaving Children during the life of the said Mary such Children to take among them their parents share and in case of the death of the said Mary after marr[i]age without leaving issue of her body living at the time of her death the moiety devised and bequeathed for her benefit to be equally distributed among the Said Susan K McDowel John K Withersppon Henry Witherspoon and David Witherspoon Share and Share alike to them their heirs and assigns forever the Children of any predeceased Child to take among them their parents share I hereby nominate and appoint my Valued friend J W Norwood of Hillsborough [Will Book Volume G, page 71] N. Ca. executor of this my last will and testament In testimony whereof I have hereunto Set my Seal and Subscribed my name This Twenty third day of March in the year of our Lord one thousand Eight hundred & fifty four Signed sealed published } Susan D Witherspoon (L S) & declarde by -- testator } as her last Will & testament } in our presence who in her } presence and in the presence } of each other hereunto at } her request sign our names } as Witnesses } Mary C Reynolds } Prisalla B Perkins } Samuel H Ray } Orange County Court August Term 1854 The Execution of the foregoing last Will and tistament of Susan D. Witherspoon was exhibited in open Court and admitted to probate on the certificate of John R Jay Judge of the Court of ordinary Kershaw District South Caroline Test Geo Laws CCC Additional Comments: Will Book Volume G, pages 69-71 Recorded Aug 1854 Estate Papers comprise 16 pages and are found in folder labeled "Witherspoon, Susan D (1854)". Testator died in Kershaw District, SC, but "had her domicile in Orange County". Edmund Strudwick was granted administration 2 Sep 1854. James C. Turrentine was appointee trustee after Norwood renounced. Slaves are mentioned in passing in the bill of complaint as worth "several thousand dollars", but no list, names or details are mentioned. Perhaps more details are available in Kershaw District, SC? William D. McDowall is the husband of Susan K.