Will of James G. Spann, Lowndes, Alabama and Sumter, South Carolina

http://files.usgwarchives.net/sc/sumter/wills/jgspann.txt
==================================================================== 
USGENWEB PROJECT NOTICE: In keeping with our policy of providing free 
information on the Internet, data may be used by non-commercial 
entities, as long as this message remains on all copied material. These 
electronic pages may NOT be reproduced in any format for profit or for 
presentation by other persons or organizations. 

Persons or organizations desiring to use this material for purposes 
other than stated above must obtain the written consent of the file 
contributor. 

The submitter has given permission to the USGenWeb Project Archives to 
store this file permanently for free access. 

This file is copyrighted and contributed by: 
Carolyn Golowka 
http://www.genrecords.net/emailregistry/00012/0002972.html
==================================================================== 
November 2001


Will of James G. Spann
Lowndes County Will Book C
Pages 82 - 83

Know all men by these present, that I, James G. Spann, of Sumter District and 
State of South Carolina, being of sound mind, but conscious of the uncertainty 
of my life, not only from bodily disease, but from additional danger of War, do 
now and hereby make my Last Will and Testament.

I appoint my brother Ransom d. span my Executor.  In the event of his death 
before my children shall all of them reach the age of twenty-one years, I name 
John Nunn (?) to succeed him as my Executor, and in the event of his death 
before the time named, then I name Richard C. Richardson, the husband of my 
sister, Eleanor, as his successor as my Executor, and they shall administer on 
my Estate, in the order in which they are named, and on the same conditions as 
they have named my Executors.

I desire that my Negroes, after having been divided, shall be worked together as 
now, and the proceeds of their labor to be divided among the Heirs, in 
proportion to their share in the whole of my Estate, and the over plus of my 
children's portion of such proceeds, after a liberal allowance for their 
support, clothing and education shall each year during their minority be placed 
at the disposal of my mother, Mrs. Leonora Spann, so long as she may find use 
for it.  

I am fully satisfied that the land of which I am possessed as joint owner with 
the other Heirs of my Father's Estate, cannot be divided with justice to all the 
heirs.  I therefore leave the arrangement of this part of my Estate to my 
brother Ransom D. Spann, in all confidence that full justice will be done.

I particularly desire, however, that no action shall be taken to effect the 
division of these lands, which might force them out of the hands of the present 
owner.  I would here suggest to my brother, Ransom, three alternatives, to-wit:


1st:  That he become the purchaser of my portion of said land, in which case he 
will see that the Negroes and other property of my wife and children properly 
located on other lands which he shall purchase for them.

2nd:  That my Estate shall purchase his portion of the aforesaid undivided 
lands.

3rd:  That my Estate and my brother, Ransom, become joint and equal owners of 
the whole of the lands left by my father, and of the other lands since added to 
his Estate, and that my mother retain a life interest in the whole of said land, 
with all the rights and privileges she has heretofore enjoyed.

In the event of either of the two last alternatives being adopted, I direct that 
my Negroes first having been divided as hereinafter directed, shall remain on 
the place as heretofore except that I wish them to occupy one settlement to 
themselves, that they may be cared for by their owners, and thus become 
identified with them.

I furthermore direct that as each of my sons shall attain the age of twenty-one 
years, his portion shall be divided to him, all except land, which shall be 
purchased for him by the other Heirs successively left as Minors, until my wife 
becomes the sole owner, always provided she remain unmarried.

Should my wife not desire to be come the sole owner, however, then my eldest 
son, James, shall become the purchaser if he desires it. And ff he declines 
purchasing it, then each of my younger sons, the elder having precedence, shall 
have the option of becoming the purchaser; and if all the children decline, then 
the said land shall remain n the possession of my youngest living child, and 
should either of my children die before reaching the age of twenty-one years, or 
without heirs, the portion of such one land, Negroes and other property shall be 
equally divided between the surviving children.

I bequeath to my wife, Elizabeth E. Spann, to hold in her own right so long as 
she shall remain my widow, the following named Negroes, to-wit:  Mariah, Marcus, 
Edward, Charles, Henry, Eliza and the children which Sarah may have, Betty and 
her children, being given to my wife by her grandmother.  I regard them as her 
own in divided property and desire them to remain as such.  I also bequeath to 
my wife my interest in Paul and Charlotte and their children, and as I know her 
desire to won my last named family, I hope my brother Ransom will allow her to 
purchase his interest in the said family, that she may thus become the sole 
owner.

The carriage and horse now in her service shall remain her property.  I further 
more bequeath to my wife two-sevenths of all land, moneys and other property of 
which I may be possessed at the time of my death, should my wife, the said 
Elizabeth E. Span marry again, however, the n the property herein before 
bequeathed to her, lands Negroes and other property shall revert to my children, 
to be equally divided among them.

In the event of my wife marrying again, I provide for her as I should have done 
for my beloved daughter had God spared her to me.  That is, Betty and her 
children shall remain her property, having been given to her by her grandmother, 
and I bequeath to her such an amount of money as will together with the value of 
Betty and her children be equal to one-sixth of the value of my whole Estate.  
The said money to be paid to her by my Estate in such manner as shall be deemed 
best or the interest of all parties by Executors, but at as early a period as 
shall be possible, and my whole bequest shall be settled on her an her heirs 
forever.

After the bequest to my wife, I wish the whole of my remaining property both in 
Alabama and in South Carolina to be appraised and equally divided, and equally 
divided in accordance with such appraisement between my five sons, namely James, 
Charles, John, Ransom Davis, and Edward.  But in the division of my Negroes, 
families shall be kept together, and any inequality in value of the different 
portion shall be made up in money.

To provide against accident from War, I direct that the division shall not be 
made until peace shall have been established, and should my lose by the enemy, 
the Negroes bequeathed to her, I devise that she be placed on an equality with 
the children and share equally with them such property as shall be left to them.

The Negroes from my grandfather's Estate and also Susan and her family must 
necessarily be divided before the division of my own property can be affected.

I leave to my son James my sword and my watch, to my son Charles my Pistol and 
to my son John I leave the stud I habitually wear, to my son Edward I leave my 
bridle bit, so that if these articles can be preserved, such of my sons will 
have a part of those things that I carried on the field of battle.

Signed by my had and sealed with my seal this third day of May, in the year of 
our Lord, One Thousand Eight Hundred Sixty-four, and the forth year of the War 
for the Independence of the Southern Confederacy, an in the presence of

Witnesses:                             James G. Spann (Seal)
Isaac N. Tenor
Saml Bradley
W. B. Murray


Whereas, I find that I have neglected in my Will to provide my wife, Elizabeth 
E. Spann, with a home, I James G. Spann, of Sumter District and State of South 
Carolina do now, and hereby add a Codicil to my Will and do hereby set aside 
anything contained in said Will, so far as it shall conflict with what is herein 
directed:  In all else the said Will shall preserve its full force and effect.

I bequeath to my wife, Elizabeth E. Spann, all my right and title to lands and 
residence known as the Woodstrack, and also of that tract known as Spivey Field, 
the last named tract being owned by my brothers jointly, and equally with 
myself, though the title is drawn in my name.  The first named tract being 
undivided property of the Estate of James G. Spann, my father, both situated in 
the above named District and State.  The said lands and residence to be hers to 
the full extent if my interest in them so long as she shall remain my widow.  
Should my wife marry again, then what has been directed in my will to be done in 
that event shall equally bear upon the bequeath, and it shall revert to my 
children to be equally divided among them.

I direct that my brother, Ransom D. Spann, shall be secured in his half interest 
in the above named Spivey Field tract of land, I having neglected to transfer 
the said half interest, which he is justly entitled to, having furnished half of 
the purchase money.  Should Military duty prevent my brother, Ransom D. Spann, 
from administering on my Estate, said Ransom D. Spann is permitted to assume the 
administration as is directed in my will.  The word with is stricken out by my 
own hand from the second line of the above bequest.

Signed by my own hand and sealed with my seal, this fourth day of May, in the 
year of our Lord, one Thousand Eight Hundred and Sixty-Four.  

Witnesses:                                               James G. Spann (Seal)
J. Sinclair Moore
M. a. Moore
W. B. Murray


State of South Carolina
Sumter District

In Ordinary

I do hereby certify that the foregoing instrument of writing contains true 
copies of the Last Will and Testament and codicil of James G. Spann, deceased, 
as on file and recorded I this office.

Given under my hand and seal of office this the 5th day of December, A.D. One 
Thousand Eight Hundred Sixty-four.
                                      Noah Graham,
                                      Ordinary of Sumter District

The State of South Carolina

By His Excellency

M. S. Bonham, Governor and Commander-in-Chief in and over the State aforesaid

To All Whom the Presents Shall Concern:

Know ye that Noah Graham, whose seal and signature appear to his certificate on 
the copy Will hereunto annexed is and was at the time of signing Judge of the 
Court of Ordinary for Sumter District, and as such by law entitled to the 
custody of the original Will and records of said Court, and that his signature 
is genuine and certificate in due form of law.  Therefore, all due faith, credit 
authority is and ought to be had and given to his Proceedings and Certificate as 
such.

In testimony whereof, I have hereunto set my hand and caused to be affixed the 
Seal of the State, in the City of Columbia the Eight day of December, in the 
year of our Lord, One Thousand Eight Hundred Sixty-four, and in the 89th year of 
the Sovereignty and Independence of the State of South Carolina

By the Governor:  M. S. Bonham
                                                          Wm. B. Huntt, Secretary of State