Janis' Genealogy Site

South Carolina. In the name of God Amen. I Benjamin Harvey of Charleston Neck, in the State of South Carolina, Planter, being of sound mind and perfect memory, thanks to Almighty God for the same, and calling to Mind, the uncertainty of this life and that it is appointed for all Men to die, and for preventing disorder or strife, after my decease, do make and ordain this my last will and Testament, recommending my Soul to God, and my Body to be buried in the earth, at the discretion of my Executrix hereafter Nominated, and as touching my worldly Estate as it hath Pleased God to Bless me with, I give, bequeath and dispose of in Manner and form as follows, I will and order that all my just debts and funeral charges be paid as soon as decency will admit of after my decease.

Item. I give, will and bequeath unto my well beloved Wife, Susannah Frances Harvey, the one Sixth part of all my property I do possess, also two negro women, named Sukey and Lizey, my carriage, my horses, all my furniture, plate, and bedding for her use for ever. I also give unto my beloved wife, the choice of any of my houses, during her life, and after her death, to be sold and divided equally amongst the five children, as I shall hereafter mention.

Item. I give, will and bequeath unto my daughter Elizabeth Holmes, or the Heirs of her body the one sixth part of all my property, after having been sold.

Item. I give, will and bequeath unto my daughter Mary G. Keeley, the one sixth part of all my property after having been sold.

Item. I give, will and bequeath unto my son Benjamin Harvey, the one sixth part of all my property after having been sold.

Item. I give, will and bequeath unto my son Sebastian Keeley, the one sixth part of all my property after having been sold.

Item. I give, will and bequeath unto my son Josiah Rivers Harvey, the one sixth part of all my property after having been sold, and should either of the children die and leaving no heirs of their body, before the property is divided then, their part of the property to be divided amongst my wife and surviving children.

And I do hereby impower, constitute and appoint my beloved wife Susannah Frances Harvey my Executrix of this my said will and testament and I do order and direct my wife, as my executrix to sell the property in three months after my death or sooner if she thinks proper and to pay to the children their respective shares, as soon as they are actually of age, and I do order and direct my wife and heirs, should my son Josiah Rivers Harvey demand restitution for the time of my having in my possession Mr. Josiah River's estate, that I do order my wife and heirs to have all the buildings which I have erected on said Plantation valued and to charge him with commission for the same, agreeable to law, and to have the same deducted from his part, which I now leave him. And lastly that I also further direct my wife that should any of my children misbehave or ill treat her before the property is divided that I do direct my wife, as my executrix to cut them off by giving them five pounds sterling money in lieu of what property I have ordered to be given them and this I do ordain in my last will and testament, hereby revoking all former and other wills by me, heretofore at any other time made by me, and I publish, pronounce, and declare this to be my last will and testament. In witness thereof I have hereunto set my hand and seal on this twenty fifth day of December in the year of our Lord One thousand eight hundred and twelve and the thirty seventh year of American Independence.

Benjn. Harvey [LS]

Witness:
Charles S. Tucker Samuel Nobbs Jno. Ph. Wilhelmi