Fairfield County Wills
Volume 3, Book 19
WILL of AUSTIN F. PEAY
THE STATE of SOUTH CAROLINA
I, Austin F. Peay of the District of Fairfield and State aforesaid, calling to mind the uncertainty of life, do make, publish and declare this my last will and testament, in manner and form following, viz.
Item 1st. I give and devise to my Executors hereinafter named, all the land which I purchased from the estate of Taylor and from the Hopkinses, situated on the Wateree River in the District of Richland and Kershaw, joining land of the Englishes and Nixons, and others (including a track of pine land in Kershaw District the legal title to which is in my son Nicholas Peay, and which he is to realize to my executors or hold for the use of this my will) in trust for the use of my daughter Martha Black during the terms of her natural life, and at her death in trust for the heirs of her body, equally to be divided among them according to the Statute of Distributions. I also give and bequeath to my executors, the following negro slaves, viz. Ben, Jenny, Pegg, George, Jack, Zadock, Lovey, Sophia, Syck, Harriet, George (Boatman), Phoebe, Singelton, Eliza, Betty & her child, Edmond, Harriet, Fanny, Ely, Sammey, Jerry, Cook, Nancy & her five children, Roderick and Jerome (thirty in all) together with the nine work mules, wagon & gear, farming utensils & stock of hogs belonging to, and used on the above mentioned plantations, in Trust for the use of my said daughter Martha Black during the term of her natural life, and at her death in Trust for the children of said daughter equally to be divided between them; in case, however, any of the children of my said daughter shall have died leaving issue living at the decease of my said daughter, such issue shall take the same share of the aforesaid property which the parent would be entitled to if then living, according to the provisions of the Statute of Distributions -- I also give and bequeath to my executors all the debts of every kind and description due to me from my son-in-law Joseph A. Black, Esqr. with power to collect the same in such manner as to my executors shall seem meet & proper, in trust for the use of my daughter Martha Black during her natural life, and at her death in Trust for her children, share and share alike, the issue of a deceased child (in case of the death of any in the lifetime of my said daughter living at the time of her death )to take the share which the parent would have been entitled to if living.
Item 2nd. I give, devise, bequeath and confirm to my daughter Sarah Myers all the negro slaves, which I have heretofore delivered into the possession of her and her husband, together with all that plantation, body, or parcel of land on which she and her husband Dr. John J. Myers now reside, and for which I have heretofore made a Deed of gift to my said daughter.
Item 3d. I give and devise to my son Nicholas Peay, in fee simple, all the land planted or cultivated by him the present year, being the Bacot land, Arledge land and Nicholas Peay land, situate on both sides of Dutchman's Creek in the District of Fairfield and State aforesaid; I also give and bequeath to my said son, all the negro slaves, now worked, used, employed or kept on the plantation or land mentioned in this item of my will; (except such of them as have been disposed of in the preceding items). My said son is to pay for said slaves above the number of thirty, (which number thirty is hereby given to him freely & without payment), at the rate of three hundred dollars each, to be paid in one, two & three years, and applied toward the discharge of the debts due by my estate; I also give and bequeath to my said son all the stock of mules, cattle, hogs, and farming utensils used, employed, or kept on the plantations or land mentioned in this item of my will.
Item 4. I give and devise to my daughter Mary Poelnittz, for and during the term of her natural life (not to be subject or liable to the debts, contracts or incumbrances of her present or any future husband), all my land lying on the N.E. side of the Wateree river, in the District of Lancaster & Kershaw, including the land purchased from Thomas T. Williamson; and at the death of my said daughter I give and devise said land to the heirs of her body then living, equally to be divided among them, according to the statute of Distributions. I also give and bequeath to my said daughter Mary Poelnittz, for & during the term of her natural life (not to be subject or liable to the debts, contracts or incumbrances of her present or any future husband), the following negroes, slaves, viz. -- Patty, Jac, William, Fanny, Washington, Hilliary, Chainey, Isaac, William, Sam, Nancy, Mary, Sophia, Suckey, Patty, Francis, Polly, Venus, Lizasa, Gulla, Robbin Jr., Ellen, Delia, Cudjo, Amey, Nancy, Albert, Obed, Jeff, Jim Gulla, and Sylvia; and from and immediately after the death of my said daughter I give and bequeath said negro slaves, together with their future issue, to and among the children of my said daughter, share & share alike; in case any of the children of my said daughter shall have died before that time leaving issue then living, such issue is to have the share which the parent would have been entitled to if living. Also I give to my said daughter seven cows and calves.
Item 6. I further will and direct that all the residue of my slaves, horses, mules, cattle, farming utensils, and stock of every kind necessary for the support of the plantations, be kept and employed by executors on the Brown plantation, Rofs plantation and Flint-Hill plantation, until the crops to be raised & made on said plantation shall be sufficient, (together with other funds properly applicable thereto) to pay off and discharge all my just debts and pecuniary legacies; and after all my just debts and pecuniary legacies have been paid, I give and devise the said Brown plantation, Rofs plantation and FlintHill plantation together with all my land on the S.W. side of the Wateree River which lays joining each other or in any wise united, together with all the stock of horses, mules, hogs, cattle, and farming utensils of every kind which shall be on said plantations, to my son Nicholas Peay absolutely and forever.
Item 7. I authorize my executors to sell in such manner as to them shall appear most for the benefit of my estate, all the residue of my lands, lying in Fairfield District, being in several detached tracts or parcels, and to make & deliver to the purchaser, or purchasers, good & legal titles for the same.
Item 8. In case Jackey Perry shall pay to my executors the debt of eighteen hundred and ninety dollars 75 cents, with interest from the 14th March 1833, which I advanced for him to John Carter, also the balance due on my books, and my notes in the Camden Banks, all of which were given for his use & benefit, and all other debts which he owes me, and shall also discharge my estate from all liabilities as his surety, I authorize and empower my executors to relinquish the title which I hold for the land which he lives and the negroes now in his possession, & for which he now pays me a small rent & hire.
Item 9th. After all my just debts and the foregoing pecuniary and specific legacies shall have been paid, I will and direct that all the residue of my negroes not hereinbefore disposed of be divided by my executors into five equal shares, keeping families together as far as possible, and when necessary equalizing the divisions by money to be paid by certain divisions or lots which may be of greater value, to such as may be of less value; and that my children, Martha Black, Sarah Myers, Nicholas Peay, Mary Poellnitz, and Eliza Lyles, each draw for one of said lots; and the lot, or share, shall be drawn by each of my daughters severally I do hereby give and bequeath to her, for and during the term of her natural life, and at her death to be equally divided among her issue then living, according to the Statute of Distributions; said slaves in this item of my will not to be subject or liable to the debts, contracts or incumbrances of the husband of my said daughters, or either of them; and the lot which shall be drawn by my son Nicholas Peay, I do hereby give and bequeath to him.
Item 10th. All the residue of my estate, if there should be any thing not embraced in the foregoing provisions of my will, I give and bequeath to my aforesaid children equally to be divided between them--subject to the following particular omitted above.
Item 11th. When Henry Belton, son of my nephew William A. A. Belton shall attain the age of twenty one years, I then give & devise to him for & during the term of his natural life, and at his death to the heirs of his body then living, the following parcels of land, viz, the tract of land containing seven hundred & fifty acres situated in the District of Fairfield, purchased by me at Sheriff's Sale as the property of William Robertson & for which titles were made the Sheriff to Roland Cornelius; and the tract of land containing two hundred & fifty acres joining said tract, & conveyed to John McMaster as agent for Cornelius Mandeville to Roland Cornelius holds as trustee and subject to my order & appoint. But in case the said Henry Belton should die without issue living at the time of his death, then the said land in this item of my will mentioned shall revert to my estate & be equally divided among all my children, or be sold by my executors & the proceeds thereof divided among my children, or applied toward the payment of my debts, should any of them at that time remain unpaid. And until the said Henry Belton shall attain the age of twenty one years, the rents of said lands are to be received by my executors and applied towards the payment of my debts, or divided equally among my children.
Item 12. I give and bequeath six eight of my slaves, viz. Amey, Nelly, Louise & her children, Elizabeth, John, Robin, George & Sarah, to my son Nicholas Peay in trust that he will as soon as practicable after my decease, procure the emancipation of said slaves; but in case they cannot be emancipated, or in case they would prefer remaining in their present condition, then it is my will that they be allowed to enjoy as much liberty as they do at present.
Item 13. My wife having left my bed & board, I conceive that she has no just right to any share or portion of my estate--And it is my will that she shall not be allowed any part of my estate whatsoever, either real or personal.
Item 14. Lastly, I do hereby nominate, constitute & appoint my son Nicholas Peay, and my sons-in-law Charles Poelnitts and Thomas Lyles, & my friend Roland Cornelius Executors of this my last will and testament, hereby revoking all former wills by me heretofore made, and establishing this my last will & testament.
In testimony whereof I have hereunto set my hand and seal this tenth day of October in the year of our Lord one thousand Eight Hundred and Thirty Four & in the fifty ninth year of the Independence of the United States of America.
Signed, Sealed, published)
& declared by Austin F. Peay;)
when sighed this sheet of paper)
& the two sheets hereunto)
annexed, as his last will and)
testament in the presence of)
us, who in his presence &)
at his request & in the presence)
of each other, subscribed our)
names as witnesses to the due)
In the 12th Item, the six 'six' erased and "eight" interlined, also in the 2nd line of the 12th item, "Robin, George" interlined before the execution of this will, by the testator.
A. F. Peay (Seal)
Recorded in Book 19, page 41
Recording date unknown.
Hope Coslett Pees
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