Search billions of records on Ancestry.com
   

ROBERT JENNINGS-Will and Codicil
Edgefield County, S.C.
24 August 1860-1 Oct. 1860

Transcribed by Sloan S. Mason

I, Robert JENNINGS, of Edgefield District in the State of South Carolina being infirm in body but of sound mind and ---- memory; blessed be God for the same do make and ordain this To be My Last Will and Testament-that is to say that I commend my Soul onto the hands of Almighty god who gave it, and my Body to the earth to be decently buried, and what earthly or worldly estate it hath pleased God to bless me with in this life, I give and dispose of in the following manner and form, To Wit:
Item 1st: I give unto my Beloved Wife Henrietta JENNINGS during her life the following property which if she wishes to dispose off in any other mode or maner than the law directs he may do so, However there must be a sufficiency of funds Made out of the property which I purpose for her do pray all of my wife debts, contracts and liabilities which existed against her prior to her marriage, then and not until then must my Executors hereafter mentioned deliver up the following property to Wit: A parcel or tract of Land situated & being in the State and District aforesaid containing five hundred acres more or less known as the THURMOND Plantation adjoining lands of the Estate of Jesse BAILY, Mrs. Sholy BAILY, Joseph BUSSEY, Amberson BUSSEY, P.P. DOOLITTLE and others as also the following slaves; to wit: and their future increase- BIG HENRY and wife ELIZA MEGE, MINA, LEE, LITTLE HENRY, CHARLOTTE, JOHN, LUCK, MATILDA, HARRIET/HAMET?, GEORGE, LEAMA, FONE, LAURA, (THURMONDS LILA) LAURENCE PHAROAH, ANNE, PARIS CILLA JANE LIZ GEORGE MARY as also the following property known as my wife property or the THURMOND property viz carriage, wagon, carte, stock of all kinds household and kitchen ---- the plantation tools, corn, fodder, grain & cotton seed but it is & firessly understood that the provision here in made for my beloved wife shall be in Liece? and in place of all claims of dower or otherwise in my estate.
Item 2: My will wish and desire is that My Executors herewith named shall have the right of keeping together the remainder of my undivided estate as long as they might see fit & proper, though not exceeding three years with the right of buying or selling such property --- or produce as they shall deem necessary for the use of my estate.
Item 3: My will wish and desire is that my Executors hereafter mentioned have run or cut off of my homestead a tract of land around the house where J. W. ROCHELLE now lives, a tract or parcel of land not to exceed five or seven acres, the line to commence on the August Road where my line and TOMPKINS cross said road and run entirely on the western side of the August Road up the dividing line between myself and TOMPKINS until it intersects the road now leading from PINCES? And MORGAINS, from thence, start down that road until it intersects the Augusta road again opposite the lower end of my dwelling house, and from thence down the August Road to the point designated as the beginning, with right of way to my well, and the use of water, and or in the same for Mary ROCHELLE, my will, wish and desire is that my Executors, hereinafter mentioned, have the land in the above designated boundaries, measured, platted and then valued by three disinterested persons prior to the day of sale of my estate not otherwise disposed of; My will then is that my daughter, Mary, should have it at appraisement, if she wished so to have, but I further provide that if Mary should not be willing to take the tract or parcel of land at appraisement, I make null and void this gift. Should she accept of it, the value is come out of her distributive share of my estate, the above named tract of land, if accepted by my daughter Mary, is not t be subject to the debts, contacts, control or engagement of this or any future husband but to be kept entirely within the control of my Executors hereinafter mentioned, and if Mary should died leaving no bodily heirs the land must revert and be equally divided between my bodily heirs an legal distributed, share and share alike.
Item 4th-my will and desire further is that my lands be divided into judicious tracts or parcels of land as my Executors may seem fit and proper to do or to have done, to be measured, platted and then valued by three disinterested persons previous to the day of sale of my estate not otherwise not disposed off. My will and desire is then that my son, James A. JENNINGS, should have at appraisement one of the said parcels of land if my Executors hereinafter mentioned should think it a wise selection in the said James A., but I further provide that if James A. should not by council of the Executors hereinafter mentioned be willing to take a tract or parcel of and at appraisement I make null and void this gift. Should he accept of it the value is to come out of his distributive share of my estate and if James A. should died leaving no bodily heirs or if James should have bodily heirs and they should all under the age twenty one years old, then in either case the said tract or parcel of land must revert and be equally divided between my bodily heirs or legatee distributes, share and share alike.
Item 5th: My will and desire further is that when my Executors hereinafter mentioned, may think fit and proper to close my estate which shall take place in the following manner, To Wit; my slaves shall be appraised and allotted into as many lots or parcels as I have children, or if any of my children should die before a final division of my estate shall take place their children shall represent the parent in the division and be drawn for in some mode or maner as my Executors may think just and proper.
Item 6th: My will and desire for this is that my gold mining interest in the JENNINGS and Company Gold Mining Company be sold either privately or publicly as my Executors hereinafter mentioned may think proper either for cash or on a credit not exceeding three years and the time of sale I leave entirely to their discretion. The other lands not otherwise disposed off, to be appraised and sold, the lands on a credit of one year, and when the money arising from the sales of my estate shall be collected that together with any other money that may be in the hands of my Executors is to be divided in the following named maner, to Wit: I give to my son, W. D. JENNINGS, or his bodily heirs 1/7th of my slaves as also 1/7th of the money that may arise from the proceeds of my estate either directly or indirectly, to W. D. and J. H. JENNINGS 1/7th of the slaves as also 1/7th of money that arise from the sale or estate either directly or indirectly, the money to be invested in Negro property and other things as they seem fit or proper so to do, upon the special trust and confidence and upon this express condition that my daughter, Mary ROCHELLE, is to enjoy the proceeds of said property and their future increase both real and personal during her life, without yielding or paying anything for the same, but in no event is the estate hereby given or the hire or the profits thereof to be subject to the debts, contract controls, engagements of the present or any future husband of the said Mary ROCHELLE or should Mary ROCHELLE die leaving no bodily heirs the property both real and personal together with its future increase must revert, or should they, her children die before they arrive to the age of twenty one years of age, then in that in either case the property with its future increase must revert and be equally divided share and share alike between my bodily heirs they representing, or may children's bodily heirs, they representing the part of the parent, however, bearing in mind the disposition that the said Mary ROCHELLE makes of Item 3rd in order to have equality in the final division to my son, J. H. JENNINGS or his bodily heirs 1/7th of my slaves as above of the money that may arise from the proceeds of my sale or estate either directly or indirectly as my daughter Susan TOLBERT or her bodily heirs 1/7th of my slaves as also 1/7th of the money that may arise from my sale or estate either directly or indirectly to my daughter Huldah SELF or her bodily heirs 1/7th of my slaves as also 1/7th of the money that may arise from my sale or estate either directly or indirectly. To W. D. & J. H JENNINGS 1/7th of the slaves as also 1/7th of the money that may arise from my sale or estate either directly or indirectly. The money to be insured in Negro property and this --- as they may seem fit and proper so to---- upon this special trust and confidence and upon the express condition that my son James A. JENNINGS is to enjoy the process of said property another future increase both real & personal during his natural life without yielding or praying or paying anything for the same but in no event is the estate hereby given, or the his? Thereof to be subject to his debts contracts or control or engagement of the said James A. or if the said James it should die leaving no bodily heirs the property both real & personal together with its future increase must ---- or should there his bodily heirs (if any he should have) die before they arrive to the age of twenty one years, then in either case the property with its future increase must revert and be equally divided between my bodily heirs share and share alike or their children bodily heirs they representing the part of the parent. However bear in mind equality in the final division the disposition that the said James A. makes of Item the 4th. To W. D. & J. H. JENNINGS 1/7th of the slaves also 1/7th of the money that may arise from my sale or estate directly or indirectly the money to be invested in Negro property and other things as they may think proper and may seem fit and proper so to so upon the ---- trust and confidence and upon this express condition that my daughter Narcissa P. CARTLHAGE is to enjoy the process of said property and their increase both real and personal during her natural life without yielding or paying anything for the same but in no event is the estate hereby given or the hire? Or the profits thereof to be subject to the debts, contracts, control or engagements of the present of any future husband of the said Narcissa P. CARTHEDGE of if the said Narcissa P. should die leaving no bodily heirs the property with its future increase both real and personal, must revert or should they her bodily heirs if any she should have die before he or she or they are at to the age of twenty one years, then in either case the property with its future increase must revert and be equally divided share and share alike between my bodily heirs or their children bodily heirs they representing part of the parent.
Item 7: It is my will and desire that my Executors hereinafter mentioned on day of sale of my real estate, & reserve the graveyard known as the Old JENNINGS graveyard with the right of way thereto and from, also the graveyard at my homestead place with the rights of way to and from for the benefit of the family and that they likewise reserve money sufficient out of my estate, previous to the division of said sale or estate, to enclose the said graveyard as they think fit or proper.
Item 8th: Finally I appoint my sons, W. D. & J. H. JENNINGS, my Executors, who are to see this my will performed as contained on this sheet of paper according to its true intent and meaning and I do hereby revoke and dismantle all former or other wills by me at any time made disclaiming this to be my last will and testament in testimony whereof I have hereunto set my hand and seal this first day of Sept. one thousand eight hundred and fifty six and the beginning of the Eighty First of the American Independence interlined? Before signed, signed, sealed and published by the Testator as his last will and testament in our presence and by us subscribed as witnesses at his Request in his presence and in the presence of each other.
Signed: Robert JENNINGS
Witnesses: James TOMPKINS
L. H. MCDANIEL
T. E. JENNINGS

Codicil- After proper consideration my will and desire further is that a sufficiency of funds be retained from the portion given to my wife as in Item the 1st by my Executors to refund to my estate all the moneys which I have, will have, to pay out for Rachel A. G. THURMOND.
Item 2-I further desire that my Executors shall dispose of any of my Negroes or lands as they may see fit and proper and invest the money in other such Negroes as they may wish for my estate as witness my hand and seal this August 24th 1860, signed, sealed and published in presence of us:
Signed: Robert JENNINGS, Test.
Witnesses: Geo. C. ROBERTSON
Geo. W. MORGAN
W. L. PARKS

Being advised that a constriction may be placed upon certain words and phrases in my foregoing Last Will and Testament, which may defeat my real intentions, I hereby make the following explanations, which I wish to be taken as part and parcel of my said Will, Viz: the term bodily heirs is to be construed “children.”
In the 4th clause the gift to my son James H. JENNINGS is to him and to any child or children he may have, and should he die leaving no child or children, or should these die under the age of twenty one years then the property to be equally divided share and share alike between and among my next of kin, according to the statues of distribution of this state.
In the 6th clause, the gift is to my daughter Mary ROCHELLE during her natural life and after her death to any child or children she may have, and should she die leaving no child or children or should her children die before reaching the age of twenty one years then the property, both real and personal to be divided equally among my next of kin share and share alike. In this 6th clause the gift is to W. D. & J. W. JENNINGS in trust for James H. JENNINGS. In the same 6th clause the gift is to W. D. and J. H. JENNINGS in trust for Narcissa T. CARTHAGE during her natural life, and after her death to any child or children she may have, and should she died leaving no child, or children of child or before her children arrive at the age of twenty one years old. Signed, sealed, and published in the presence of us this 24th day August 1860.
Signed: Robert JENNINGS, Test.
G. C. ROBERTSON
Geo. W. MORGAN
W. L. PARKS

State of South Carolina
Edgefield District
By W. F. DURISNE? Esq.
Ordinary

Personally appeared before me James TOMPKINS one of the subscribing witnesses to the foregoing Instruments of Writing, who made Oath on the Holy Evangelist of Almighty God, that he saw Robert JENNINGS sign, seal, publish, promise and declare the same to be his Last Will and Testament, that he was then of sound and disposing mind, memory and understanding to the best of deponents knowledge and belief; and deponent, together with L. H. MCDANIEL and T. E. JENNINGS signed their names thereto as witnesses at the request of the Testator in his presence and the presence of each other.
Sworn to before me this 1st Oct. A. D. 1860
Signed: James TOMPKINS
W. T. DURISNE
CED


State of South Carolina
Edgefield District
W. F. DURISNE?
Ordinary

Personally appeared before me Geo. C. ROBERTSON one of the subscribing witnesses to the foregoing Instrument of writing who made Oath on the Holy Evangelist of Almighty God that he saw Robert JENNINGS, sign, seal, publish, pronounce and declare the same to be a Codicil to his last Will and Testament, and also an explanation to his Last Will and Testament, that he was then of sound and disposing mind, memory, and understanding to the best of deponents knowledge and belief, and deponent together with Geo. W. MORGAN and W. T. PARKS signed their names thereto in the presence of each other at the same time qualified W. D. JENNINGS and Joseph H. JENNINGS, Executors therein names.
Sworn to before me this first of October A. D. 1860:
Signed: Geo. C. ROBERTSON
W. F. DURISNE?
CED.

END OF DOCMENT

(Note: Mary Jennings ROCHELLE, b. 4 Feb. 1821-d.25 May 1867; married John Winter ROCHELLE on 24 June 1841 in Edgefield Co., S.C.-in 1866 this family moved to Brazoria Co., Texas.)

Below is a picture of Mary JENNINGS who married John Winter ROCHELLE

Sloan Mason: SloMas7@aol.com)