Marion County ScArchives Wills.....Hamilton, William March 15, 1884 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/sc/scfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Phyllis R. Thomas http://www.genrecords.net/emailregistry/vols/00016.html#0003785 April 15, 2010, 12:08 am Source: Estates, Roll 2220, Marion County Sc Written: March 15, 1884 Recorded: November 5, 1890 The State of South Carolina County of Marion Probate Court. Ex Parte Wm. H. Hamilton. In Re Estate of William Hamilton Deceased. Last Will and Testament Filed Nov 5th 1890 Recorded in Book No 5, Page 37 J.D. McLucas, J.P., M.C., S.C. Be it remembered that I William Hamilton of the County of Marion, State of South Carolina do make this my last will and testament in Marion following: That is to say: I order and direct that all my just debts shall be paid with convenient speed after my death with such funds or credits as I may leave at my death, and if no funds or credits be left, then my Executor hereinafter to be appointed as directed to sell such of my personal property as can best be shared and pay my just debts. 1. I give, devise and bequeath my estate and property, real and personal as follows: I give and bequeath my beloved son William H. Hamilton forty acres more or less, or one sixth part of my real estate, the same to be located on the east side of the public road leading from Little Rock to Marion CH. in the upper or northeast portion of my tract of land, the said public road being its western boundary and bounded on the north by T.F. Stackhouse’s lands on the east by lands hereafter to be devised to Elizabeth Jane Ward and on the South by lands hereafter to be devised to Lilly Manning Hamilton, my said son William to pay to Mary Amanda Norton, Tabitha Melia Hamilton and Minnie Hamilton the sum of one hundred and thirty five dollars in cash to be equally divided between them, in lieu of their share and portion of the said land. I further give and bequeath to my son William Hamilton, all of my personal property for the benefit of his mother during her life time or widowhood, and for her support and the support of her minor children until they attain their majority, or marry. 2. I give and bequeath to my beloved wife during her widowhood, and at her death to my beloved son John Thomas Hamilton forty acres more or less, or one sixth part of my real estate where the dwelling stands, bounded east by the public road North by lands of the estate of T.C. Gaddy west by S.C. Hamilton’s land and south by lands hereafter to be devised to Ann Eliza Hamilton and Smithy Belle Hamilton. My said son John Thomas Hamilton to pay unto Mary Amanda Norton, Tabitha Melia Hamilton and Minnie Hamilton the sum of one hundred and forty dollars in cash when he attains his majority, to be equally divided between them in lieu of their share and portion of the said land. 3. I give and bequeath unto my beloved daughter Elizabeth Jane Ward forty acres more or less, or one sixth part of my real estate, the same being on the eastern portion of my tract of land, and on which she does now reside, bounded north by lands of J.H. Burg east by John Black south by lands herinafter to be divided to Sarah Ann Squires and west by lands hereinbefore devised to William Hamilton my said daughter, Elizabeth Jane Ward to pay unto Mary Amanda Norton, Tabitha Melia Hamilton and Minnie Hamilton three of my daughters the sum of sixty five dollars in cash to be equally divided between them in lieu of their share and portion of the said land. 4. I give and bequeath to my beloved daughter Lilly Manning Hamilton forty acres herein before devised to William Hamilton my said daughter, Elizabeth Jane Ward to pay unto Mary Amanda Norton, Tabitha Melia Hamilton and Minnie Hamilton thereof my daughters the sum of sixty five dollars in cash, to be equally divided between them in lieu of their share and portion of the land. 4. I give and bequeath to my beloved daughter Lilly Manning Hamilton forty acres more or less, or one sixth part of my real estate on the east side of said public road bounded west by said road North by lands devised to William Hamilton east by lands devised to Elizabeth Jane Ward and south by lands hereinafter to be devised to Sarah Ann Squires, my said daughter Lilly Manning Hamilton to pay unto my daughters Mary Amanda Norton, Tabitha Melia Hamilton and Minnie Hamilton, the sum of sixty five dollars in cash when she attains her majority or gets possession of said land to be equally divided between them in lieu of their share and portion of said land. 5. I give and bequeath unto my beloved daughter Sarah Ann Squires forty acres more or less or one sixth part of my real estate, the same being located on the east side of the public road and bounded on the west by said road, on the north by lands devised to Lilly Manning Hamilton and on the east by lands devised to Elizabeth Jane Ward and on the South the Stafford lands. My said daughter Sarah Ann Squires to pay to my daughters Mary Amanda Norton, Tabitha Melia Hamilton and Minnie Hamilton, the sum of Sixty five dollars in cash, in lieu of their share and portion of the said land. 6. I give and bequeath unto my beloved daughters Ann Eliza Hamilton and Smithey Belle Hamilton forty acres more or less or one sixth part of my real estate, the same being located on the west side of the public road bounded on the east of said road on the south by the Stafford lands on the west by the lands of S.C. Hamilton and on the north by lands heretofore devised to my wife Amelia and at her death to my son John Thomas Hamilton, my said daughters, Ann Eliza Hamilton and Smithy Belle Hamilton to pay to my daughters Mary Amanda Norton, Tabitha Melia Hamilton and Minnie Hamilton the sum of sixty five dollars in cash when they attain their majority or get possession of said land to be equally divided between the in lieu of their share and portion of the said land And it is furthermore my will that if any of my heirs as above provided for shall die without issue that the portion bequeathed to them as hereintofore recited shall be divided equally amongst and between the survivors, and then to the issue of their bodies forever. 7. I appoint my son William H. Hamilton and S.C. Hamilton executors of this my last will and testament, In witness whereof I have signed sealed and published and declared this instrument as my last will and testament at Little Rock S.C. the 15th day of March A.D. 1884. his William X Hamilton {Seal} mark The said William Hamilton at Little Rock SC on the 15th day of March A.D. 1884 signed and sealed this instrument and published and declared the same to be his last will and here at his request and in his presence and in the presence of each other have hereunto written our names as subscribing witnesses A.N. Harllee, Thad J Weatherly – J.H. David Codicil Be it remembered that I William Hamilton of Marion County, State of South Carolina, do make the Codicil which hereafter follows to my last will and testament, executed on the 15th day of March 1884. This Codicil executed on the 23rd April 1887. I do hereby confirm all of said Will heretofore executed, except as to the paragraph wherein I willed that my daughters Lilly Manning Hamilton, Ann Eliza Hamilton and Smithy Belle Hamilton should pay to my daughters, Mary Amanda Norton, Tabitha Melia Hamilton and Minnie Hamilton the sum of Sixty five dollars in cash when they attain their majority – which said paragraphs I do now hereby revoke in this Codicil so far as I devised that they should pay to the said parties the said sum of money. Signed and Sealed in the presence of his A.S. Harllee ) William X Hamilton {Seal} T.J. Weatherly ) Witnesses mark J.H. David ) State of South Carolina ) Marion County ) Personally appeared before me J.H. David and made oath that he was present and saw the within named William Hamilton sign seal and as his act and deed execute the within written instrument for the purposes stated therein. And that he with T.J. Weatherly and A.T. Harllee subscribed their names as witnesses thereto. J.H. David Sworn to before me this the ) 18th day of December A.D. 1889 ) S.S. Rozier {L.S.} Notary Public Court of Probate.-Probate of a Will.-Form No. 177. Walker, Evans & Cogswell Co., Manufacturing Stationers, Charleston, SC The State of South Carolina,) County of Marion. ) By J.D. McLucas, Judge of Probate. Personally appeared before me J.N. David one of the subscribing witnesses to the foregoing instrument of Writing, who made oath on the Holy Evangelists of Almighty God that he saw William Hamilton sign, seal, publish, pronounce, and declare the same to be his last Will and Testament; that he was then of sound and disposing mind, memory and understanding, to the best of deponent’s knowledge and belief; and deponent, together with A.T. Harllee and Thad J. Weatherly signed their names thereto as witnesses at his request, in his presence and in the presence of each other: at the same time qualified also that in like manner and condition the Codicil to said Will was executed and signed by him and them therein named. J.H. David at the same time qualified William H. Hamilton therein named as Executor. Given under my Hand this 5th day of November in the year of our Lord one thousand eight hundred and Ninety and in the one hundredth and fifteenth year of American Independence. J.D. McLucas, Judge of Probate Marion County, S.C. {Seal} The State of South Carolina,) County of Marion ) I, William H. Hamilton do solemnly swear that this writing contains the true last will of the within named William Hamilton deceased, so far as I know or believe; and that I will well and truly execute the same by paying first the debts, and then the legacies contained in the said will, so far as his goods and chattels will thereunder extend and the law charge me, and that I will make a true and perfect inventory of all such goods and chattels: So help me God. Sworn to before me, this 5th ) W H Hamilton day of November A.D. 1889 ) J.D. McLucas ) Judge of Probate ) Marion Co. S.C. ) The State of South Carolina,) County of Marion ) I, J.D. McLucas, Judge of Probate, for County and State aforesaid, do hereby certify that the last Will and Testament of William Hamilton deceased, was this day admitted to Probate in common form on the oath of J.H. David, one of the subscribing witnesses to last Will and Testament and that Wm H. Hamilton obtained letters Testamentary. Given under my hand and seal, this 5th the day of November A.D. 1890 and in the one hundred and fifteenth year of American Independence. {Seal} J.D. McLucas, Judge Probate Marion Co. S.C. 2220 William Hamilton’s Estate Letters Testamentary Form No. 169.-Court of Probate.-Letters Testamentary. Walker, Evans & Cogswell Co., Law Stationers, Charleston, S. C. The State of South Carolina,) County of Marion ) By J.D. McLucas, Judge of Probate. To all to whom these Presents shall come—Greeting: Know Ye, That on the 5th day of November which was in the year of our Lord one thousand eight hundred and ninety the last Will and Testament of William Hamilton late of Marion County in this State, deceased, was proved, approved, and allowed of; the said deceased having whilst he lived, and at the time of his death, divers, Goods, Rights, and Credits within the State aforesaid by means whereof the approbation and allowing of his Testament and the power of granting the administration of all and singular the Goods, Rights and Credits of the said deceased to me is manifestly known to belong, and that the administration of all and singular the Goods, Rights and Credits of the said deceased to me is manifestly known to belong, and that the administration of all and singular the Goods, Rights, and Credits of the said deceased, and his Testament, any manner of way concerning, was granted and committed unto William H. Hamilton, named Executor in the last Will and Testament; being first sworn on the Holy Evangelist of Almighty God well and faithfully to administer, and make a full and perfect inventory of all and singular the Goods, Rights, and Credits of the said deceased, and to exhibit the same into the Judge of Probate’s Office, in Marion in order to be recorded, on or before the 1st day of February, now next ensuing: and to render a just and true account, calculation, and reckoning hereof, when thereunto required. In Testimony Whereof, I have hereunto set my hand and seal, the 5th day of November, in the year of our Lord one thousand eight hundred and ninety and in the 115th year of American Independence. J.D. McLucas Court of Probate.) Judge of Probate. Recorded ) Book D, Page 304 ) 2220 Estate of Wm. Hamilton Warrant of Appraisement Nov 5 1890 Form 73.-Court of Probate.-Warrant of Appraisement for Executors. Walker, Evans & Cogswell Co., Law Stationers, Charleston, S. C. The State of South Carolina,) County of Marion. ) By J.D. McLucas, Judge of Probate. These are to authorize and empower you, or any three or four of you, whose names are here underwritten, to repair to all such parts and places within this County as you shall be directed unto by Wm. H. Hamilton Executor named in the last Will and Testament of William Hamilton late of Marion County deceased, wheresoever any of the goods and chattels of the said deceased are or do remain within the said parts and places, and which shall be shown unto you by the said William H. Hamilton and there view and appraise all and every of the said goods and chattels, being first sworn on the Holy Evangelists of Almighty God, to make a true and perfect inventory and appraisement thereof, and to cause the same to be returned under your hands, or any three or four of you, to the said Wm H. Hamilton on or before 1st day of Feb now next ensuing. Dated the 8th day of Decem., Anno Domini 1890, and in the 115th year of American Independence. J.D. McLucas, Judge of Probate, Marion Co., S.C. Judge of Probate’s ) To S.C. Hamilton, Wm. McDonald, Office. ) S.A. Hamilton, R.C. Byrd, Recorded ) John T. Hamilton Book...............) any three or four of them. Page...............) Memorandum. This 15th day of Dec 1890 personally appeared before me, S.S. Rozier Esquire, one of the Justices assigned to keep the Peace in Marion County, Wm McDonald, S.C. Hamilton & S.A. Hamilton being three of the Appraisers appointed to appraise the goods and chattels of William Hamilton deceased: who being duly sworn, made oath that they would make a just and true appraisement of all and singular the goods and chattels of William H Hamilton Executor of the Estate of the said William Hamilton deceased, and that they would return the same, certified under their hands, unto the said William H. Hamilton within the time prescribed by law. Sworn to before me this ) Wm McDonald {LS} 15th day of Dec 1890 ) S.C. Hamilton {LS} S.S. Rozier {LS} S.A. Hamilton {LS} Trial Justice Memorandum of personal property 3 Bedstids (sic) furnished 3000 6 chears (sic) 150 1 table and contents 250 1 clock 200 1 gun 300 1 organ 6500 1 sewing machine 1500 1 table 50 Kitchen furniture 250 washing machine 10 grinding Rock 10 wash pot 150 1 wagon 3000 1 Bugey (sic) 1500 Farming imlements farming Implements 1400 1 per Balences 150 175 Bushels Corn 10005 2000 lbs foder (sic) 1500 7 Hogs 2800 1 horse 12500 1 mule 12500 15 geese 750 10 chickens 250 75 Bushels Coton (sic) Seed 1125 1300 lbs coton s (sic) meal 1430 S.C. Hamilton S.A. Hamilton Wm McDonald J.D. McLucas a/c 8.25 [This is written over/on a form for Dr. N.C. Murphy, Druggist and Physician] Marion, S. C., Oct 25 1892 John Wilcox, Committee of O.P. Procter J.D. McLucas 1892 Oct To Filing & hearing Pet. 1.00 " Qnolg & Letter & Rec. 2.50 " Bond & Recording 1.00 " Certificate .50 " Return 3.25 ____ Oct 25 Rec’d payment 8.25 J.D. McLucas Additional Comments: Transcriber has digital images of these documents thanks to Don Thomas. File at: http://files.usgwarchives.net/sc/marion/wills/hamilton42nwl.txt This file has been created by a form at http://www.genrecords.net/scfiles/ File size: 17.5 Kb