[Deed from Wm. B. Murph(e)y to Clemons McGarity, 28 May 1821] [Union Co., SC, Vol. R., Page 184] [provided by Shawn Martin] South Carolina, Union District Know all men by these presents I Wm. B. Murphy of the said State of District for in consideration of the sum of One Thousand Ten Dollars to me paid by Clemons McGarity of the State and District aforesaid have granted bargained sold and released and by These presents do grant bargain & release unto the said Clemons McGarity two small pieces of Land Lying on both sides of Tyger River including the Grist and Saw Mill and scats formerly called Writhts Mill, the piece on the North side assigns on a RO X 3' then NB!W362 to RO X 3 on Northwest side of a small drain thrice down the said drain to the River it being 2 1/2 A more or less. Thence from mouth of drain Southwest to a Hickory on the south side of River at the mouth at a branch thence up the branch to a Dogwood 3 X on the East Bank of said Branch thence SQE 956 to a Maple in the west Bank of a Branch thence down the meander of said Branch to a WO X 3 on the South Bank of the River thence to the Beginning. The next the south side containing 5 A more or less being part of a tract of the land granted to Wm. Wofford the 10th Day of may 1770 the whole of both tracts containing 12 1/2 A. The piece on the North side is bounded by Abraham Walkers land that on the south by Wm. B. Murphys land together with all and singular the rights, members, hereditenances and appurtenances to the said premises belonging on in any wise incident or appertaining to have. To hold all singular the premises before mentioned unto the said Clemons McGarity his heirs and assigns forever. I do hereby bind myself my heirs executors and administrators to Warrant and forever defend all and singular the said premises unto the said Clemons McGarity his heirs and assigns against myself and my heirs and every other persons whatsoever law an claiming the same or any part thereto Witness my hand and seal the 28th day May 1821 and in the 45th year of American Independence signed, sealed and delivered in the presence of Jesse Jackson Kindred Bobo William B. Murphey State of South Carolina, Union District Jesse Jackson personally appeared before me after being known and made oath that he saw William B. Murphey sign seal and deliver unto Clemons McGarity a Deed of Conveyance for the other convencance and also Kendred Bobo sign with him as Witness due Execution thereof from subscribed This 5th Day April. Caleb Green, J. P. Jesse Jackson Will of Clemons McGarity, 2 August 1822 In the name of God Amen; I Clemons McGarity of the State of South Carolina and District of Union; being weak in body, but of sound and disposing mind memory and understanding (Thanks be to God for the same) do make and publish this my last will and testament in manner and for following -- viz -- 1st I give unto my loving wife, Polly, the plantation or tract of land whereon I now live to her home so long as she remains my widow, also I give unto her my negroe woman, Rhoda, to be hers during her natural life and at her death to revert to my son Clemmons -- 2nd I give unto my daughter, Jane, a negroe girl named Till, to be given to her when she arrives at the age of twenty-one years, or marriage --- 3rd I give unto my son, John, the tract of land and millseat in the fork of Tyger, also a negroe boy named Squire to be his when he arrives at the age twenty-one years or marries --- 4th I give unto my daughter Sally, a negroe girl named Frosty --- 5th I give unto my daughter Mary, a negroe girl named Betsey --- 6th I give unto my son William, the mills and tract of land attached to on Tyger River known by the name of Wright's Mills. It is my will that a house be put to the grist mills, and the saw mill to be built, and the mill dam to be finished as soon as can be conveniently, and the expense incurred by such repairing to be raised out of the crops on the premises wherein I now live, and if the farm cannot raise enough to pay the expense it is my will that my Excts. hire out my negroes, in order to raise money to pay said repairs, and other purposes hereafter mentioned --- Also I give unto him a negroe boy named Charles --- 7th I give unto my daughter Betsey, a negroe girl named Phoebe --- 8th I give unto my son Clemmons, the plantation or tract of land wherein I now live with all the appurtenances thereof, also I give him a negroe boy named Amos, also after his mother's death, it is my will that he have the negroe wench Rhoda, which I gave to his mother during her natural life, together with his increase from this time until he arrives at the age of twenty-one years. It is my will that all the property as above given to my children, that it be given to them in possessions when they arrive at the age twenty-one years or become married. It is my will that the mills and tract of land attached to them on North Tyger, together with my negroe man Cesar be sold by my Exctr. or Exctrs. as I shall hereafter name, on such a credit as he or they (with counsel) shall think most advisable and the money arising from said sale together with what can be made by the crops on my present farm, with this the income of my machinery go to pay off all my just debts. It is also my will if there are any other property not named above that can be spared, that it be sold also by my Exctr. or Exctrs. or such a credit as he or they shall think best, and the money arising from said sale be appropriated in discharging my just obligations. It is my will that my wife keep all my children together, and keep all my stock, waggon and farming utensils in order to rise my children, only such property as are superfluous ________ for the family, such may be sold as stated above. And it is also my will that my wife when any of my children should come to the age of twenty-one years, or marry and wish to leave her---that she furnish them with a bed and furniture as is common, and also to be furnished with a horse bridle and saddle at the above age as stated; VIZ: twenty-one years, or in state of marriage, so as to be equal in value or nearly so, every horse bridle and saddle that each child shall get. It is my will that all the rest and residue of my estate not disposed of, that shall be on hand at the time of my wife's death or marriage, that it be sold on a credit of such length as shall be thought most advisable by my Exctr. or Exctrs. and the money arising from the sale of said property be equally divided amongest my children as named above. It is also my will and desire that my son John have one years schooling, Mary one years, William Two years or more if they can and the rest of all younger ones, in proportions so as to be equal in scholarship with the others, this to be paid out of my estate. An lastly, I do constitute and appoint William White, sole Executor of this my last Will and Testament, hereby revoking all others by me made. In testimony whereof I have here unto set my hand and affixed my seal, this 2nd day of August 1822. Clemons McGarity Signed, Sealed, published and declared by the above Clemons McGarity to be his last Will and Testament in the presence of us. Wm. White J. D. Nance John Lawson Fleming Hall South Carolina, Union District by Willim Rice, Esq. Proclaiming for said District. Personally came before me John Nancy who being duly sworn on the Holy Evangelist and Almighty God doth make oath and say that he saw Clemons McGarity, Esq. sign, seal, publish pronounce and declair the within writing to be so and maintain his last will and testament, that he the said Clemons McGarity, was then of said and disposing mind, memory and under standing to be best of this deponants knowledge and belief, and that William White, Esq., John Lawson and Flemming Hall as observed then and being with the deponants as witness, to the chosen executor thereof at the bequest of the Testator in his presence and in the presence of each other at the time qualified William White, Esq., Executor. Given under my hand and seal this twelfth day of October in the year of our Lord 1822 Wm. Rice