James Moseley Will
James Moseley
Page 1
In the name of God Amen
I James Moseby of the District of Union & State of South Carolina being of sound mind but weak and debilitated from age do make and ordain this to be my last will & testament revoking all others.
1st I wish all my debts against me to be paid.
2nd I give and bequeath to my youngest child Jane and the heirs of her body lawfully begotten all the land whereon I now live known as the Home place with all its appurtenances with all the household and kitchen furniture and plantation tools with all of the stock of all descriptions both horses cows and hogs with all other live animals at the time of my death on the place (and not otherwise disposed of) all of the personal property or any part thereof my Executor or Executors herein after named may think best for the benefit of the said child. The said property I will to the said child with the following conditions; if the said Jane Moseley should die without leaving at the time of her death a lawful heir or heirs of her body, then I wish and bequeath the said tract of land to my son William Moseley, and if she should die before the age of discretion all the personal property or the proceeds of the same above bequeathed to be equally divided among my living children at the time, and it is my wish and desire that my daughter Jane when she comes of age or before if the Court will permit it will make over all that tract of land which I got by my late wife Martha to John Pickens the illegitimate son of the said Martha as it was our intention to have done the same but for the sudden death of my wife —
3rd I give and bequeath to my son John B. Moseley during his life time and after his death to the lawful heirs of his body all that tract or parcel of land known as the Berry tract containing one hundred acres more or less except fifteen acres adjoining the land where on William Fowler now lives which I shall herein dispose of.
4th I give and bequeath to my son in law Stark Fowler during his life and after his death to his legal heirs begotten on the daughter Elizabeth to be among them equally divided the tract of land where on the said Mark…
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..now lives containing 50 acres more or less —
5th I give and bequeath to my daughter Rhoda Fowler free from any debts or contracts of her husband the tract of land whereon she now lives with 15 acres to be taken off from the Berry tract adjoining as above mentioned to have during her life and at her death to be equally divided among her children.
6th I give and bequeath to my son in law Warnack Fowler all of my Blacksmith tools of every description which I consider will compensate him for a debt which I have owed him for some time and if the said Warnack should not be satisfied with the tools then it is my desire that my Executors should sell the same to the best advantage and pay off the said Warnack’s debt & interest.
7th As my son in law Benjamin Hodge has been unkind to and has demeaned himself unkindly to me I give him one Shilling.
8th As I have already advanced to my deceased son James all that I am able to do, I give to each of his children one Shilling.
9th I give and bequeath to Jared Foster’s children each one Shilling.
10th I give and bequeath to my son William two old Rifles.
11th I give and bequeath to my son John B. the mule shot gun.
12 I desire that my pocket knives may be distributed by my Executor as I have labelled them.
13 I appoint and request Maj. Stark Sims to act as my Executor of this my last will and testament and as guardian to my minor child Jane. Signed sealed and published by the said James Moseley in presence of this 4th day of October in the year of our Lord one thousand eight hundred and thirty nine.
Wm B. James Jordan Johnson John M. Foster James Moseley [seal]
Probate State of South Carolina, Union District. By D.D. Pratt only of Said District. Personally appeared before me Jordan Johnson & John M. Foster who being sworn on the holy Evangelist of Almighty God do make oath and say that they saw James Moseley sign seal publish pronounce and declare this same to be his last will and testament and that the said James Moseley was then of sound and disposing mind and understanding to the best of their deponents’ knowledge…
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…and belief and that they together with Wm B. James did sign their names thereto as witnesses at the request and in the presence of the testator and in the presence of each other.
Given under my hand this 6th day of June in the year of our Lord one thousand eight hundred and Forty. D.D. Pratt only
Maj. Stark Sims having renounced — Letters of Administration with the will annexed was granted to John Perkins. D.D. Pratt only



