South Carolina fs

IN THE NAME OF GOD, AMEN, I Burtenhead BOUTWELL, of the Parish of Prince Frederick Craven County in the Province of South Carolina, Planter, being (Blessed by God) of Sound and disposing Mind and Memory, Considering the uncertainty of this Transitory life, and the Certainty of death, Do make and Ordain these presents to be and Contain my last Will and Testament, that is to say, PRINCIPALLY, being truly sorry for all my Sins, and humbly imploring the pardon and forgiveness of them, I commend my Immortal Spirit, into the hands of God, my Creator, who gave it, in and thro, the Merits and Mediation of Jesus Christ, my Blessed Saviour and Redeemer, on whom I rely, for the Pardon and Remission of all my Sins and Offences, and for Eternal Life and Salvation, and my Body, at death, I Commit to the Earth to be interred in a decent and Christian manner, at the discretion of my Executors herein after Named, and as to all my Worldly-Estate, Lands and Tenements, Goods and Chattels, wherewith it hath pleased God to Bless me I will and desire that the same, and every part and parcel thereof, shall go and be disposed of, in such way and manner as is hereinafter respectively mentioned and directed, and no Other wise Viz,

IMPRIMIS I will, Order and Appoint that all my Just debts and funeral Expenses shall be duly paid and discharged, as soon as Conveniently may be done after my decease, and for the better effecting of the same, as well as for the raising of such Pecuniary Legacy and Legacies, as is or shall be hereinafter given or bequeathed, and in the mean time for defraying the Charges of Cloathing, dieting and Maintaining my beloved Wife Patience Boutwell, and all my unmarried children, under the age of Twenty One Years, and for the Educating of such of my Children, in the manner that my Executors herein after named shall see fit and proper, I do hereby Will, direct, Authorise and impower them my said Executers and the Survivors and Survivor of them, and the Executers and administrators of such Survivor, to keep my Estate together, and to Occupy all or any part or parcel of the same, to and for the uses and purposes herein above mentioned and directed, in Order of Law and as my said Executers or Executor shall Judge to be agreeable to the true intent and meaning of this my said Last Will and Testament, and I give and bequeath unto her my said Wife, in lieu and ??rr of all such dower as she hath or may lawfully Claim, in or out of my Estate, and in full Recompence of and for the same and not Otherwise, to be paid unto her my said Wife Patience, her Executors, Administrators and Assigns, immediately after my said debts and funeral Expenses, Charges and Expenses of my said Wife and unmarried Children, being in their Non-Ages, and the Charges of Cloathing, Taxes, and Other Expenses of my Lands, plantations, Slaves, and Estate, Yearly and every year shall be paid, or raised, and also the Pecuniary Legacies or Legacy herein or hereby given or bequeathed, shall be raised, and ready to be paid, According to the true intent and meaning of this my said Last Will and Testament, my Negroe Slave Girl Maria, and her Issue and Offspring that shall be hereafter Born, One horse (to be by her Chosen out of my Stock, as she, my said Wife Patience, shall see fit) a Side Saddle and furniture Suitable thereto, A Feather Bed with Furniture fit and Suitable to the same, and more over the sum of Five hundred pounds Current Money of South Carolina aforesaid

ITEM, After all my said debts, Funeral Charges, Yearly Expenses of my said Wife Patience, and of my said unmarried Children, in their non ages, and of my said plantions [sic], Slaves and Other Estate, and also my Pecuniary Legacy and Legacies, shall be all paid and defrayed, or Otherwise Secured to be paid or defrayed, then I give and bequeath unto all my Children and Issue, equally to be shared and divided between, and also Allotted, paid and delivered unto them and each of them, by my said Executors herein after Named, or the Survivors or Survivor of them his Executors or administrators, the use and service of all the Surplusage of my Negroes or Slaves and Horses, Cattle, and other Stock, Goods, Chattels, Rights Credits and personal Estate whatsoever and wheresoever, for and during the respective Term and Terms of the Natural Life and lives of each and every of my said Children and Issue and no Longer, and at the decease of each of them my said Children and Issue, I give and bequeath the respective part or portion of my said Children and Issue, and each of them to be Equally divided allotted, paid and delivered, as aforesaid, between and to the Children Lawfully begotten, of each of my said Children and Issue respectively, to hold to them, and each of them, Severally for ever, but if any of my said Children or Issue shall happen, to depart this Life, without leaving Issue or Child of her her or their Body or Bodies lawfully begotten and Surviving, then, and not Otherwise I give and bequeath the respective part or portion (of my said Personal Estate) of Such of my said Children or Issue, as shall happen to die without Leaving Lawful Issue, as afore-said unto the Survivors and Survivor of them my said Children and Issue, on the Same Terms and Conditions, and in such manner and form, to all Intents constructions and purposes, as is herein before declared and provided of and Concerning Other my said Children and Issue,

ITEM AFTER ALL my said debts, Funeral Charges, Yearly Expenses of my said Wife Patience, and of my said unmarried Children, in their non-ages, and of my said plantations, Slaves and Other Estate, and also my said Pecuniary Legacy and Legacies, shall be paid, and defrayed, or Otherwise secured to be paid or defrayed, then I give and devise unto my loving Son Samuel Boutwell, his Heirs and Assigns, for ever, all that my plantation Containing Three hundred acres of Land or or [sic] thereabouts, Situate within the Welch Tract, upon little muddy Creek Peedee, River in the said County and Province, all that my plantation Containing about Six hundred acres of Land, situate on Black River in the said County and Province, which last mentioned plantation was heretofore Granted unto me and my late wife Elizabeth (Since dec'd) and our Heirs and Assigns for ever, in Joint Tenancy, and by her decease is now become by right of Survivorship, Solely Vested in me, and my heirs and Assigns in Fee-Simple, absolute, and also all that my plantation containing about Three hundred and Eighty acres of Land situate on Santee River in the said County and Province, and now Settled, together with all and Singular and the ???????????? and appurtenances, thereunto and to each of the said Three plantations, belonging or in any wise Appertaining. PROVIDED Nevertheless, that Case the division, hereinbefore Appointed to be made, of the said Surplusage (or Residue of my said Negroes or Slaves, Horses, Cattle and other Stock, Goods, Chattels Rights Credits and Personal-Estate, shall take place, whilst any of my unmarried Children or Issue shall be under his, her or their age or ages of one and Twenty years, then, and until such Minor Children or Issue shall severally attain his, her or their respective ages of Twenty One Years, or be Married (which shall first happen,) and no longer, it shall and may be lawful to and for my said Executors hereinafter named, or the Survivors and Survivor of them, his Executers or administrators, to enter into use plant and Occupy (Rent and Charges Free) as much, and such part or parts of any of my said plantations, as my said Executors or Executor shall see fit and Sufficient, to Exercise, Employ, work and Occupy the part or portion of such unmarried Minor-Children, Child or Issue, of the said Surplus of my said Personal-Estate, and to Apply the Produce and profit of the same, to the Maintenance, use and behoof of each such unmarried Minor Child, Children or Issue, respectively, any thing herein before, Contained to the Contrary, in any wise, notwithstanding,

ITEM, I do hereby nominate Constitute and Appoint my loving Friends, James Commander John Walker and Henry Peronneau Executors of this my said last Will and Testament, by me heretofore made or declared either by Word or Writing, and do only allow of, and Confirm this to be my last Will and Testament, IN WITNESS whereof I the said Burtenhead Boutwell, to this my said last Will and Testament, have set my hand and Seal, the Twenty Sixth day of February, in the first year of thousand, seven hundred, Sixty one.

Burtenhead Boutwell (Seal)

Sealed published and declared by Mr. Burtenhead Boutwell, as and for his last Will and Testament in the presence of us who who [sic] in the Testators presence, and at his Request have severally set to our respective Names as Witnesses, to the Same. William Lloyd,

Arthur Peronneau,

Thomas Stanyarne.


Proved by his Exc.^y the Gov.^r 22^d August 1766. At the Same time Qualified James Commander Executor to the within Will-- In the Court of Ordinary 24th October 1766. Qualified John Walker Executor------

Recorded in Will Book 1760-1767

Recorded on Page 592

No. 1 Of my Lands or plantations (without Impeachment of Waste) and to exercise, work, employ, use and Occupy all or any of my Slaves Stock of horses Cattle or Other Goods and Chattels, and to dispose of the produce and fruits of their and every of their [sic] Labour, Service and profits, and to receive, Collect pay and Apply the same and every part and parcel.

Will Index