McNeil will--S. Carolina early 1800
These papers were found in the S Carolina Archives and were transcribed to the best of my ability using their spelling and grammer. Surnames are McNeil,Park,Paul,Long and McNaull.
John McNeil Will
By the Grace of God now and forever more Amen_
This is my last Will and Testament
in form and manner as follows
First I leave and bequeath to my
Dear Sister Sarah McNeill, all my
Lands that I am now possessed of
at this time, with all my stock
farming utensils and any furniture
or any thing whatever may be under
my name or in my possession I leave
all and every thing at my Decease to
her my Sister Sarah McNeill__
Further to this my last Will and
testament I ordain as my Executor
my Sister Sarah McNeill, A. M. Paul,
and John McNaull
In witness to the above Will I have
hereunto Set my hand and Seal this
8th day of November in the year of
our Lord one thousand eight hundred
and fifty three – 1853John McNeil
Witness present
J McNaull
A M Paul
Archible Park
Witnesses
J McNaull
A. M. Yongue
W. McNaull
Arthur McNeil Petition
South Carolina
Fairfield District
To George W. Woodward
Esqr.Ordinary for said District
The humble petition of
Arthur McNeil showeth that
John McNeil late of the District
and State aforesaid departed
this life on or about the __ day of
April A.D. eighteen hundred
fifty fourIntestate having
neither wife nor children him
surviving. but that he left at
time of his death him survi-
ving your petitioner Arthur McNeil
his brother, and Sarah McNeil his sister
and the children of two deceased
sisters, to wit James Paul and Archibald
M Paul children of Nancy Paul deceased
and Martha Parke who had intermarried
with Thomas J Long, Archibald Parke
Hugh Parke and Alexander Parke
children of Jane Parke deceased who
had intermarried with Alexander Parke Sr
the next of kin and heirs at Law of him
the saidJohn McNeil deceased.
Your petitioner further ? that
the said John McNeil left a paper
at his death which is claimed to be his
last Will and Testament, but which your
petitioner denies to be such. Whereupon
he prays? that the same supposed
last Will and Testament may
be required to be proven in
solemn form according to
law. And your petitioner will ???
Arthur McNeil
Young McNeilwitness
Sarah McNeil Summons
State of Carolina
Fairfield District
In the Court of Ordinary
To Sarah McNeill Executrix of
the last Will and Testament of John
McNeill deceased.
Whereas notice has been
given to me by Arthur McNeill
one of the Heirs at law of the
said John McNeill deceased. That
he would require the writing per-
porting to be the last Will and
Testament of the said John McNeill
and now filed in my office,
proven in Solemn form of
Law:You the said Sarah
McNeill Executrix as aforesaid
are required to be and
personally appear in the Ordinary’s
office at Fairfield Court House
on Monday the Second (2nd) day of July
next, and then to file your petition
to prove the said Will as required.
Given under my hand and
Seal of Office the 18th day
of June A.D. 1855
Geo. W. Woodward
O.F.D
John McNaull Statement
South Carolina
Fairfield District
In the County Ordinary personally appeared in
open court John McNaull one of subscribi-
ing witnesses to the within will who being
sworn makes oath that he saw John
McNeil sign seal publish and declair
the within instrument of writing as said
for his last Will & Testament. That the
said John McNeil was then of sound and
disposingmind memory and understa-
nding to the best of this defenents know-
ledge & belief and that this defenent
With A. M. Paul and Arcibald Park in the
presence of each other and in the presen
ce of said John McNeil and at his req-
uest did subscribe therenames as wit-
nesses to the due execution thereof
and also at another time this defe-
nent with A. M. Yongue and William
McNaull in the presence of each
other and in the presence of said
John McNeil and at his request did
subscribe their names as witnesses
to the due execution thereof.Also
this defenent further makes oath that
at the request of said John McNeil
he held and guided his hand
in signing the within will.
Sworn to before me
22nd March A D 1854
G. W. Woodward
O.F.D.
J McNaull
Arthur McNeil
vs
Sarah McNeil executrix
of John McNeil dec’
In the Court of Ordinary July 18th 1856
Evidence Taken
John McNaull sworn says that he saw
John McNeil sign seal & c (overruled)
A Parke sworn says that he saw Testator
sign will & c. and at his request signed & Testator ask this to be his
last will & c & that Testator made a
mark on will just above his name
and the name was written by Wm McNaull
with Testator’s hand on McNaull’s & they
wrote the name & that Testator was as
of good as usual or as good as ------- &
that he was capable of disposing of his
propertyXWit. says that J. McNaull was
executor under will, &(If this will was broken
A. M. Paul would be a legatee)
A. M. Yongue sworn says that he
signed will & that he was called on by
Testator to sign will as witness & that
Testator acknowledged this to be his last
Will and Testament & that this will was
not signed in his (witness) presence & Wm
McNaull said to Testator that he was
not witnessing for Testator to sign will
again (objected to defense) The will was
not signed at that time because it
was previously signed by Testator Wit
was called . It was thought by Mr. McNeil
that first witness would not do & that
Testator’s mind was as good as it was
generally and that he was of sound and disposing
mind and memory.XWitness did not sign
when this first signed & that
no one was present but himself & Jno
McNaull & Wm McNaull & Testator when he
signed the will.
William McNaull sworn says that
he signed will in sitting room & Testator
was in bed in a back room and in a
different room & don’t think Testator
could see wit. sign & that there was 2
doors between sitting room & bedroom
& both doors were open at the time
& wit. signed will about middle of
the room. Wit says Testator was where
he might have seen witness by raising
his head, and wit. signed will by request
of Testator & that Testator’s mind was
as good as previous and previous to that
time was good & was good at that time
to divide his property or will it.
Testator was in condition to have raised
his head.Testator acknowledged this
will to be his last will and testament.
XIn order for Testator to see wit.
sign he would have to ---- sit
up and did sit up a few
minutes before witness signed & did not
see Testator sign that will.
A Park recalled by the opposite counsel
says he thinks there have been no changes
or alterations made on the house or doors
since the drawing of the will. He knows
the room in which the Testator lay in on
Thursday before he died & he also knows
which way his head lay & he knows the
position of the rooms & the relation of the
center of the room in which the wit
McNaull signed will & he wit. say
Testator could not have seen wit sign
will from where he lay on Thursday before
presiding the Sunday on which he died
and that he the Testator was lying on
Sunday before his death (on March day he died) where wit saw
him on Thursday.XTestator could not
lie in his last illness and sat up in
bed.The 1st door in starting to sick room
opens door to the left then
turn to the left and open sick room---
--- the 2 doors he thinks are 2 feet apart
Wit. thinks sitting room door 2 or 2-8 inch
wide. Sick room door he thinks about
hardly as wide as the other. he thinks the
door near the center of sitting room.
Arthur McNeil Petition 2
South CarolinaIn the Court of Ordinary
Fairfield DistrictIn the matter of John
McNeil’s Will
Whereas Pearson & Boylston Attorneys for Arthur
McNeil has notified me that they require the will of
John McNeil, late of Fairfield District deceased to
be proven in due and solemn form of law
and whereas Sarah McNeil Executrix of the said
supposed will of John McNeil deceased has
refused to file her petition with a similar prayer
and it appearing to the satisfaction of
this court that Thomas J Long and Martha his wife,
Hugh Parke, and Alexander Parke reside with-
out the limits of this State these are therefore
to notify require, cite and admonish the said
Thomas J Long and Martha his wife, Hugh
Parke, and Alexander Parke to be and
appear before me on Friday the 18
July AD 1856 in the Court of Ordinary is
to be holden at Fairfield Court House, then
and there to show cause if any why the said
will should or should not be proven and
established in due form of law & for
what cause the same should be set aside
or established and to make such other
and further showing and proof as you
or either of you the said parties may deem
necessary, proper and advantageous for
your respective rights and interests in the
premises.
Given under my hand and Seal of office at Fairfield
Court House on the 14th day of April A.D. 1856
G. W. Woodward
O.F.D.
Newspaper Notice
South Carolina—Fairfield District
In the matter of John McNeill’s Will
WhereasJohn Z. Hammond, Esq.
Attorney for Arthur McNeill, has
notified me that he requires the Will of John
McNeill, late of Fairfield District, deceased, to
be proven in due and solemn form of law and
whereas Sarah McNeill, Executrix of the said
supposed Will of John McNeill, deceased,
has refused to file her petition with a simi
lar prayer, and it appearing to the satisfac-
tion of this Court that Thomas J. Long and
Martha his wife, Hugh Parke, and Alexander
Parke, reside without the limits of this State.
These are, therefore, to notify, require, cite and
admonish the said Thomas J. Long and Mar-
tha his wife, Hugh Parke, and Alexander
Parke to be and appear before me on Friday,
the 28th day of October A.D. 1855, in the
Court of Ordinary, to be holden at Fairfield
Court House then and there to show cause, if
any, why the said Will should, or should not
be proved and established in due form of Law,
or for what cause the same should be set aside
or established and to make such other and fur-
ther showing and proof as you, or either of you
the said parties may deem necessary, proper
and advantageous for your respective rights
and interest in the premises.
Given under my hand and seal of Office, at
Fairfield Court House, on the 27th day of July
A.D. 1855.
GEO.W WOODWARD
Ordinary F. D.
July 31
Sarah McNeil named Executrix
The State of South Carolina ,Fairfield District
In the Court of Ordinary
T G Woodward Ordinary for
Fairfield District do certify
that Sarah McNeil was this day Duly
Qualified Executrix of the within will
5th April 1854
G. W. Woodward
O.F.D.
STATE OF SOUTH -CAROLINA
Fairfield District
TO ALL TO WHOM THESE PRESENTS SHALL COME GREETING:
By George W WoodwardEsquire, Ordinary of the District aforesaid
KNOW YE,that on the Twenty Second day of Marchin the year of our Lord, one thousan eight hundred andFifty-four the last Will and Testament of John McNeil
late of this district, deceased, was proven in open Court, and approved and allowed of before and by the said Court, and the administration of all and singular the goods and chattels, rights and credits of the said deceased, within this State, was thereupon granted and committed by the said Court unto Sarah McNeil named Executrixin the said Will. She being first duly sworn well and faithfully to administer, and make a full and perfect inventory of all and singular the said goods and chattels,
rights and credits, and to exhibit the same inventory into the office of the Clerk of the Court of Ordinary aforesaid, in order to be recorded, on or before theFourth day of June next, and to render a
true and just account, calculation and reckoning thereof, when thereunto required.
WITNESSG.W. Woodward Esquire,Ordinaryofthe saidDistrict, the Fifth day of Aprile in the year of our Lord, one thousand eight hundred and Fifty Four and in the
Seventy Eighth year of American Independence.
G. W. Woodward
O.F.D.