Will of Samuel Walker

Box 47, Package 2015

Edgefield, South Carolina

In the name of God, Amen.

Knowing that it is appointed unto all men to die, and being weak in body, but sound in mind and memory, I do constitute and ordain this my Last Will and Testament.

Item 1

I desire that the whole of my estate, both real and personal, be kept in the hands of my executors for five years - and the profits to be applied, first, to the support of my family and the overplus to be applied to the purchase of five negroes, one for my daughter Sarah, another for Anna, both between the age of sixteen and twenty years. The other three to be about seven or eight years of age. One for each of my grandchildren, Martha Samuel and Benjamin Holloway. And if either of them should die without lawful issue, their respective legacies to go to the survivor or survivor. And in case of the departure of the whole, without legal issue, each of their respective parts to return to the estate. And the property I bought at Thomas Holloways sale to be divided as follows - Viz. A large bed and small chest to Martha, and the balance equally to be divided between Samuel and Benjamin. And the children to be under the government of my son, Samuel, until they are lawfully entitled to their legacies. All expenditures necessary for their raising and education to be paid at the estates expense.

Item 2

I desire that after the completion of the above several purposes - and the decease of my beloved wife Martha, that my land, where I now live, be equally divided amongst my present surviving daughters, Rachel, Martha, Sarah, Elisabeth, Rebeckah, and Anna, under the direction of my executors. Provided by son, Samuel, is in acquiesce in the same, and that my son, Samuel have a tract of pinewoods land adjoining his other lands, on the waters of Shaws Creek.

Item 3

I desire that after the accomplishment of the several things mentioned in item the first, that there remain in the possession of my well beloved wife, Martha, during her natural life, the following property, Nan, Dick, Dinah and Peter, together with as much household furniture, stock and plantation tools as herself and the other executors shall deem necessary for her support. And after her decease, th above property to be equally divided, between my son Samuel and my present surviving daughters.

Item 4

I desire that the first profits of my estate be applied to purchase a negro for Sarah. Secondly, for Anna. Thirdly, for the orphan children. After their appropriations, an equal division of all my personal estate not heretofore devised.

Item 5

I desire that my daughter Anna, have the man Bruenett, also two cows and calves, one bed, bed stead and furniture usual kind and quantity of household furniture, which has been given to my other daughters. Likewise for her to be supported by the profits of my estate, until she receives her first portion of property.

Item 6

I desire that each of the legatees who are indebted to me , should pay said debts, at the first division without interest.

Item 7

It is my desire that as Thomas Holloway has left his children and made no verbal provision for their support, that my executors pay to him, out of my estate, five shillings sterling on his lawful application.

Item 8

I deem that the right of the legacies bequeathed to my daughter, Rebecca, remain in her and the legal heirs of her body. To be under the control and directions of Samuel Walker and Samuel Marsh, as her guardians - the cause of the [???] to S. Walker and S. Marsh is owing to a supposed debility, existing in the bodily and mental powers of her husband, James Beams. And for the better securing of the said property to the said Rebecka and her heirs.

Item 9

I do constitute and ordain my well beloved wife, Martha Walker my executrix and my beloved son, Samuel Walker, Sterling Mitchel and Joseph Eddins, the executors of this my Last Will and Testament. In witness whereof I have hereunto set my and seal, this 25^th of June 1810.

Saml. Marsh

John Ryan

James Head

Saml Walker [seal]

South Carolina, Edgefield District by John Simkins Esquire Ordinary Personally appeared before me, Samuel Marsh, who being duly sworn do make oath and say that he saw Samuel Walker, Senr, sign, seal and deliver the within, to be his last will and testament, and that he, the said Saml Walker was then of sound and disposing mind and memory to the best of this deponents knowledge and belief, and that John Ryan and James Head, together with this deponent did sign their names as witnesses, thereto at the request of the testator, and in his presence and at the same time, qualified Saml Walker, Sterling Mitchel and Joseph Eddens executors to the within. Given under my hand, at my office, the 5^th day of October 1813. Jn Simkins O.E. D.

Recorded in Will Book A, p. 325

Recorded June 5, 1814

Jn. Simkins O.E.D.

Box 47 Pkg. 2015

[Transcribed by Frances Bateman and Judith Russell, June 2002]

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No. 99

Edgefield In Equity

Joseph Eddings and wife and others

vs. William B. Mays

Bill for Partition

Sam'l Walkers will

father in law of above Wm. B Mays

[end of cover]

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Edgefield District

Joseph Edding and wife and others

vs. Bill for Partition

William B. Mays and wife and others

Simkins and W. Duffie

Filed 15^th March 1821

Order pro contemo granted against

Wm B. Mays the

4 June 1821

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Equity Case 99

(Filed June 1821)

South Carolina

Edgefield County

In Equity

To the honorable the judge of the Court of Equity:

Humbly complaining sheweth unto your honor your orators and oratrixes Joseph Eddins and Elizabeth his wife, Rachel Mitchell, Starling Mitchell and Martha his wife, and Samuel Walker, surviving trustee for Rebecca Beams and the said Rebecca Beams and James Beams her husband,

that Samuel Walker Senr died seized among other things of a tract of land when he died, situate on Horns Creek, which by his will duly executed he directed to be [divided] at the death of his widow Martha J Walker [between your orators and] oratorixes, and his daughter Anna, now the wife of William Mays, and his daughter Sarah who married Channey Farrow, and is now decd leaving the said Chaney and representatives -

that this said Martha J. Walker is willing to relinquish her claim to the said land and

that the same should be sold xxx will be shown by a writing under her hand and

that it will be much for the advantage of all the parties concerned that a sale should be made: in tender consideration whereof and forasmuch as there is no remedy but by the aid of this Court;

and to this end that William Mays and Anna his wife and Chaney Farrow and his children may t??? any make to the obligation herein contained fully as if, thereunto particularly interrogated; and that the said tract of land be sold for the purpose of partition or such other decree be made touching the same as to your honor may seem meet;

May it please your honor to grant unto your orators and oratrixes a writ of subpoena to be directed to William Mays and Anna his wife, Chaney farrow and his children aforesaid commanding them to xxxx appear on xxx xxxx further abide the decrees of this court touching the same.

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Joseph Eddins and wife et al

vs Wm B Mays and others In Equity

In obedience to the order of aforesaid in this case I beg leave to report that I have examined Benjamin Frazier, William Roberts and William Johnson upon the practicability of dividing the land stated in this case and the are of opinion that the same cannot be divided without injury to some one of the heirs and that the only mode of making equittable distribution will be by a sale - I therefore recommend that the same be sold on a credit of one and two years.

4 June 1821 Respectfully submitted by

Wm [?] Brooks

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Joseph Edding et als vs

Wm B Mays et al Bill for partition

One xxxx of Simkins and McDuffiee, ordered that it be referred to the court to ascertain whether it may be for the advantage of the parties interested to sell or to divide the lands described in this case and that he do make his report to this court.

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Joseph Eddins and others vs. Wm B. Mays and others

Bill for partition

On action of Simkins and McDuffie and on reading xxxx report recommending a sale of the land described in this bill, it is ordered that said land be sold on the first Monday of dec next and one and two years, purchasers the purchase money tas xxx in such cases, except costs which are to be paid in such cases/

State of Alabama, Madison County

14^th of April 1821

Whereas, I am, by the will of my deceased husband Samuel Walker, entitled to a life estate in the real estate of the said Samuel Walker dec, Now therefore, I hereby relinquish all my right in the said real estate to the persons who are by the said will entitled to it after my death and hereby agree that they shall have the same sold or divided as it may best comport with their interests signed sealed in presence of

[s] Samuel Walker [s] Martha J. Walker

[s] Benjamin Holloway South Carolina

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Edgefield District

In Equity (Number 136)

To the Honorable the judge of the court of Equity of said state:

(10 February 1820)

Humbly complaining your complainant Chaney Farrow in his own right and as natural guardian of his infant children Rebecca B. Allen Farrow, Rachel Ann Farrow, and Martha Jefferson Farrow sheweth unto your honor

• That Samuel Walker late of Edgefield district and state aforesaid departed this life on or about the day of in the year of our Lord one thousand eight hundred , leaving a widow Martha J. Walker and seven children then living: to wit, Samuel (Walker crossed out), Rachel, Martha, Sarah, Elizabeth, Rebecca and Ann,

• That at and before the death of said Samuel Walker he was seized and possessed of a considerable and valuable real and personal property in Edgefield District as aforesaid,
• That before his death he, the said Samuel, made and executed his last will and testament wherein he directed partition and distribution of the said property and appointed his son Samuel Walker and his widow the said Martha Ja, Starling Mitchell, and Joseph Eddins as executors and executrix of said will and testament,
• That they the appointed have qualified and took upon themselves the management of the and then entrusted to them,
• That one of the provisions of the said will gives to the widow the said Martha Ja during her life a valuable tract of land and several valuable negros, a number of stock, plantation tools, and a quantity of other valuable personal property and further directs that at the death of the said Martha the said property in which she has a life estate shall be equally divided among her children surviving at the death of the testator,
• That your complainant married one of the daughters contemplated in the partition and division and who that has since died leaving three infant children in who, as your complaint conceives, vest (?) the right and expectant interest of the dead mother in the said property,
• That your complainant has purchased from and, as he conceives, has good title to one of the expected shares as one of the legatees and hence conceives himself individually as well as representatively interested in the said property,
• Your complaint further sheweth to your honor that the said Samuel Walker and Martha J. Walker executors of aforesaid, instead of keeping(?) the property together entrusted to the said Martha J. during her life as aforesaid and continuing on the premises(?) as designed by the testator, have sold and otherwise deposed of the greater part of the plantation, tools etc.,
• and the said Martha J. is about to remove from the said plantation and give over it up to others less interested in the careful use of the soil, land, and economical management of the timber by which the plantation is to be rendered more or less valuable to those entitled after the death of the said Martha J.,
• and furthermore that the said Saml ( martha is about to carry crossed out) has removed from this state to the state of Tennessee and thither the said Martha is now about to remove and carry with her the said negros and other personal property yet undisposed of and hence place it beyond the reach of your complainant and his infant children or so much so that when the life estate which is between them and the possession of the then expectant property terminates they must be compelled to incur great expense and trouble in coming(?) at their interest in the property and, as your complainants are poor and hence little calculated to incur expense, the want if means to carry them in search of their property to where it is threatened now to be carried, or to where it may be scattered within a few years of restless(?) move about of the old lady, may forever bar them from the enjoyment of the then expectant property and place it securely in the hands of those not entitled and never designed by said testator Samuel Walker dec'd should enjoy it,
• your complainants concede(?) that, as the said Martha is about to leave or desert the plantation left to her as aforesaid during her life and no longer intends to use it as intended by her deceased husband,
• that in equity it should now be subject to partition and division in manner directed by the said saml walker dec'd in his will and the said martha should give some security against the want and such must await(?) the plantation from the hands of those who may accidentally be placed in possession of it and further,
• that the executors who are about to remove the personal property as aforesaid should be compeled to give good security for (?) the forthcoming of it at the termination of the life estate as aforesaid and all this your complaints had hoped the defendants Martha Ja and Samuel would have been willing to have done with the trouble of this applying to this(?) honorable court.
• But now, so it is, the said Saml, Martha, Rachel who has intermarried with Hinchey Mitchel, Martha and Starling Mitchell, Elizabeth and Joseph Eddins, Rebecca amd James Beams, Sarah and Wm Mays,(?) combining and confederating with divers others to your complainants unknown to defraud your complainants, have hitherto failed and refused what equity and justice would require as the prxxx, and forasmuch as matters of this sort are properly cognizable in this court,
• may it please your honor to compel said defendants to answer on oath the whole matter of this bill a? if particularly interrogated to each particular part, and further to order security against waist(?) on the tract of land or plantation as aforesaid and also of the personal property to grant write of subpoena against said defendants a writ of Ne Exeat Republica against the said Martha and Saml Exs as aforesaid and grant such other and further relief as to your honor shall seem meet.

Butler and butler, atns

Chaney Farrow on oath saith that he had been informed and believes that Martha J. Walker, widow of Samuel Walker dec'd is about to remove to Tennessee or some other distant part of the country, and to carry with her personal property of considerable value in which the deponent has interest in his own right and further interest as the natural guardian or next friend of his three small children and further saith that by such removal of the said property his concern that in his individual and representational character as aforesaid he must sustain injury or run a great risque of injury in an amount not less than one thousand dollars.

the 10 July 1820 Chaney Farrow

Sworn before 10 feb 1820 xxxx brooks

it is ordered that Martha Walker the def't in this case do give security in the nature of bail in the sum of one thousand dollars to be forfeited in case she removes the personal property within mentioned out of the limits of this state

W,m j. James Edgefield

State of S. Carolina

Western Circuit

In Equity

cccc (ne exeat)

Know all men by these presents that we Martha Walker and William B. Mays are held and firmly bound unto Chaney Farrow in the penal sum of One thousand dollars to be paid to the said Chaney Farrow or his attorney, executors, administrators, or assigns, jointly or severally to the faithful payment of which we bind ourselves, our heirs, executors, and administrators and assigns, dated 11^th day of February in the year of our Lord on thousand eight hundred twenty the forty fourth year of American Independence.

Whereas the said Chaney Farrow lately filed his bill of complaint in the Court of Equity at Edgefield Courthouse to restrain the said Martha Walker from removing certain personal property, mentioned in said bill for reasons therein stated and prayed a writ against the said Martha.

Now therefore the conditions of this obligation is such, that if the said Martha Walker shall not carry or remove or cause to be carried or removed beyond the limits of this state, but shall have to same forthcoming to abide the final desire of This Court the personal property set forth and declared in the bill aforesaid, then this obligation to be null and void otherwise to remain in full form and virtue

signed and sealed in the presence of

Rich. . Xxx

Martha J. Walker

William B. Mayes.

(Transcription by Judith Russell and Martha Easter, 2002)