SUMTER COUNTY, SOUTH CAROLINA - LAST WILL AND TESTAMENT OF BENJAMIN HODGE 17 JULY 1815 ************************************************************************* USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor, OR the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. Contributed to The USGenWeb Archives by: Faye L. Dyess (FDyess6591@aol.com) 10 Jul 1998 ---------------------------------------- LAST WILL AND TESTAMENT OF BENJAMIN HODGE WRITTEN 17 JULY, 1815 RECORDED IN WILL BOOK A, PAGE 119, 25 AUGUST, 1815 SUMTER DISTRICT, SC BUNDLE 44 PKG 9 EXECUTRIX APPOINTED 29 NOVEMBER 1822 COPY OF ORIGINAL WILL AND TRANSCRIBED WILL OBTAINED FROM SUMTER COUNTY GENEALOGICAL SOCIETY AND IN THE POSSESSION OF FAYE L. DYESS. DUE TO OLD TYPEWRITTEN PAGES AND BAD COPIES, THIS TRANSCRIPTION DONE BY FAYE L. DYESS. In the Name of God Amen.  I Benjamin Hodge of Sumter District in the State of South Carolina, Planter, being in a weak state of body but in a perfect state of mind and memory and knowing it is appointed for all Men once to die, do make and ordain this my last will and testament in manner and form following, that is to say, principally and first of all, I recommend my soul into the hands of God who gave it me, in sure and certain hope of receiving it again at the day of resurrection and my body I commit to the Earth from whence it came, to buried in a decent christian like manner at the discretion of my Executrix and Executors here after named, and as touching such worldly Estate as it has pleased God to bless me with in this life.  I dispose of in the following manner and form.  Imprimis) I give and bequeath unto my beloved wife Sarah Hodge during the time she remains my widow and no longer, the use of my plantation and Buildings where I now reside and at her marriage or Decease which may first happen the said plantation and buildings to go to my grandson John Miles Hodge.  Item I give and bequeath unto my beloved wife Sarah Hodge, all my Household and Kitchen furniture except such part as I shall dispose of otherways, also the following Negros to Wit, Chlor, Simon, Hannah, Peter & Wife Jeny Terry and Davy, Ned, Sukey, Mack susannah, and Chance and Susanah child Molly.  With all their future increase to her and her heirs forever, but in case of the said Sarah Hodge marrying again the above mentioned property to be equally divided amongst my Son Benjamin Hodge Rodus, Benj Dupre Hodge, Miles E. Hodge and John Miles Hodge My Grandsons, or their lawful heirs, forever. Item I give and bequeath unto my son Benjamin Hodge Rodus a Tract of land lying at the mouth of Tim Bern Branch containing 200 Acres more or less, I give and bequeath unto my son Benjamin Hodge Rodus a tract of Land containing one thousand acres more or less bounded as follows, beginning at the mouth of White Oak Branch, below the Thigpen plantation, the line running along the West side of the School-House.  From thence to the East side of Persimmon Tree branch mouth including the Bay field and from thence not nearer than 200 yards to my large corn field and pasture, running along the Negro path, from thence an Easterly course to or near the short prong of Tim Bern Branch and from thence about the short prong of June Burns Branch to a scrub Oak Corner bounded by John Hodge's tract of Land below my Mill. Item, I give and bequeath unto my son Benjamin Hodge Rodus, the following Negros to Wit, Anthony, Haggy, Dick, Ron, Chaney, Young Carolina, Essex, Young Daniel, Litty, Ceasar, and race, with all their future increase also a young Sorrel Horse near three years old with a Blaria face, a Waggon with hind gears known by the name of the williamson Waggon to him and his lawful heirs forever, But if the said Benjamin Hodge Rodus, should die without lawful issue, then the above mentioned property to be divided share and share alike amongst my Grandsons Benjamin D. Hodge, Miles E. Hodge, John M. Hodge or their lawful heirs. Item, I give and bequeath unto my grandsons Benjamin Dupree Hodge and John Miles Hodge all my Lands not otherwise disposed of share and share alike to them and their heirs forever.  I give and bequeath unto my grandson Miles E. Hodge all that plantation or tract of Land known by the name of June Burn plantation together with a tract of Land adjoining said plantation and running to the new back line, from the scrub oak Corner up the short prong of June Burn Branch to the head, from thence about a N E Course until it strikes the Branch and continues that course to Captain Mcfadden's Corner to him and his heirs forever.  All the rest and residue of my Estate both real and personal not already bequeathed, I desire may be equally divided between my three grandsons Benjamin D. Hodge, Miles E. Hodge and John M. Hodge. To them and their heirs forever.  But should one or more of my Grandchildren die under age or without lawful issue at his or their deaths, his or their portion or portions of my Estate to be equally divided between my surviving grandchild or children, and my son Benjamin Hodge Rodus share and share alike to them and their heirs forever.  And it is further my will and desire that my son Benjamin Hodge Rodus shall receive take possession of the property bequeathed to him by me on the first day of January next.  And it is further my will and desire that my grandsons shall not receive or take possession the property or any part, before they arrive at the age of twenty one Years.  It is further my will and desire that my old Negro Man Slave Carolina shall be at free liberty to live with either or any of the Legatees, and that one which he chooses to live with shall maintain him as long as he lives and shall not put him to any hard labor or misuse him any way whatever It is further my will & desire that if my son Benjamin Hodge Rhodus & my grandsons Benjamin D. Hodge Miles E. Hodge and John M. Hodge should die without leaving lawful issue I give and bequeath unto James Norton and Miles H. Plowden the sum of five Hundred dollars each and it is further my desire that my Brother John Hodge and my Sisters Lyda Norton Elizabeth Haly Mary McCleland Hollan McCleland Sarah Nichols and Martha Hodge may receive one dollar each to them and their heirs forever and all the rest and residue of my Estate both real and personal to be divided Equaly Between the Baptist and Methodist Churches of South carolina for the use and Benefit of the faithful ministers of Said Churches the property to be Claimed by delagates from both Said respective Churches. Lastly, I appoint nominate and constitute my wife Sarah Hodge Executrix to this my last will and testament during her widowhood and no longer and my son Benjamin Hodge Rhodus and my grand sons Benjamin D. Hodge Miles E Hodge and John M Hodge Executors to this my last will and Testament in witness whereof I have hereunto Set my hand and Seal this Seventeenth day of July in the year of our Lord one thousand eight hundred and fifteen and in the fortieth year of the American Independence-----Signed Sealed and pronounced by the Testator as and for his last will and Testament----    Benjamin Hodge    (Seal) In Presence of Us Samuel R. Gibson A H Bethune Saml E. Plowden **************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. Files may be printed or copied for personal use only. ****************************************************************