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     In the name of God Amen, know all men by these presents that I JOHN D. MAGILL Physician and planter of the parish of lower All Saints, District of Georgetown and State of S.C. being of sound and disposable mind do make this my last Will & Testament revoking all others.

    I devise and Will

1) that after my just debts together with my funeral expenses shall have been fully met and settled, that all my real estate shall be equally divided between my two sons viz:

WM. JOSEPH & JOHN D. MAGILL share and share alike.  The latter JOHN D. MAGILL to have the place known as Richmond Hill together with the seashore residence

Attached. The Island known as Sylvys Island together with so much of the rice land now belonging to Oregon Plantation as may be requisite to make Richmond Hill equal in the number of its acres of rice land shall be attached to Richmond Hill and assigned to J.D. MAGILL.

     I devise & will

2) That the Oregon Plantation shall be given to WM. JOSEPH MAGILL & the balance or remaining portion of land be equally divided between the said WM. J. & JOHN D. MAGILL.

    I devise & will

3) That my servant TOBY & his wife HARRIET with their children & grandchildren, together with EWENICE & HENRIETTA be delivered to JOHN D. MAGILL and that the said Negroes shall be his and for his benefit apart from & independent of the equal division of the remaining part of my personal property or estate between himself and his bro. WM. J. MAGILL.

    I devise & will

4)      That the marriage contract between myself & wife shall be carried out and that the Negroes that came by her shall be equally divided among our children, WM. J. MAGILL, JOHN D. MAGILL, ANN R. MAGILL & MARY CHARLOTTE MAGILL, and that the Negroes apportioned or assigned to ANN R. MAGILL, now ANN R. MITCHELL, shall be hers & for benefit of issue after her, not subject to the debts and liabilities of her present husband or any other husband she may hereafter have, and property whether Negroes or money that may be apportioned to my daughter MARY CHARLOTTE, now MARY C. ALLSTON, shall be hers and her children’s after her and not liable to the debts or contracts of her present husband, or any husband she may hereafter have, and I hereby appoint, WM JOSEPH MAGILL, the trustee of the property that may be assigned or apportioned to MARY CHARLOTTE ALLSTON from my estate and JOHN D. MAGILL the trustee of the property that may be assigned or apportioned from my estate to ANN R. MITCHELL.

  I devise and will

5)      That should the Negroes stolen from me by the Yankees be recovered or the value of said Negroes be paid to Executors that then and in that event two thirds of said amount be equally divided between my two sons WM. J. & JOHN D. MAGILL , and balance or remaining one third be equally divided among all my children share and share alike.

I devise & will

6)      That the remaining part of my estate be equally divided between WM. JOSEPH MAGILL & JOHN D. MAGILL and I hereby appoint my two sons WM. J. MAGILL & JOHN D. MAGILL together with HENRY McKEVER (attorney at law) of Cheraw Executors of this my last will and Testament.  




Signed in the presence of these witnesses 5 Aug. 1863






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