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Johnathan Edward Woodham (1832-1893) Will - Darlington County, South Carolina
Posted by: Michelle Woodham (ID *****3307) Date: January 05, 2011 at 07:54:32
  of 480

Johnathan Edward Woodham (1832-1893) married Sarah Martin Bruce.

FHL film #0317568 pp.380-384

The Will of J. E. Woodham

The State of South Carolina }
Darlington County }

I John E. Woodham of the County and State aforesaid being of sound and disposing mind and memory but mindful of the uncertainty of life do make and declare the following as my Last Will and Testament, hereby revoking all other wills heretofore made by me.
Item 1. I direct that my executor and excutrix hereinafter named do pay as soon as it can be convenient, done after my death all just debts that I may at that time owe, from money on hand or from the rents profits and income of my estate hereinafter directed to be kept together and managed for that and other purposes. In the same way they shall provide for my funeral expenses and the marking of my last resting place with a suitable memorial stone.
Item 2. I give and bequeath to my dear sons Charles W. and John W. Woodham to each the sum of ten dollars as a token of my affection. These sons are already well provided for.
Item 3. The rest and residue of my estate both real and personal that I may own and possess or to which I may have claim or right vested or contingent in law or in equity at my death after payment of my debts and funeral expenses and the legatees above bequeathed, I direct to be kept together and managed by my Executor and Executrix hereinafter named or the survivor of, until my then youngest child Harry Woodham shall come to the full age of twenty-one years or should the said Harry die before my son Thomas comes of age then until the said Thomas shall come of age or should the said Harry and Thomas both died before my son Ernest comes of age then until the said Ernest is twenty-one years of age. The income and profits of my said estate so kept together and managed shall by my Executor and Executrix or the survivor of them, be applied to the payment of debts and expenses as aforesaid, the support of my beloved wife Sarah M. Woodham, the support and maintenance of my three youngest children or their survivors or survivor, the keeping up and improvement of my home and plantation or plantations and the personal property needful or desirable thereon and otherwise as my said wife may desire and direct, or in case of her death then as my Executor may deem best for all concerned. To this end I give to my Executor and Executrix or to the survivor of them full power and authority to do all things and execute all papers requisite to enable them or the survivor to run control and manage my said estate so as to keep the same in a good condition and make it yield a good income and I especially empower them or the survivor to borrow money if necessary for said purpose, sell any of the said personal property and purchase other personal property at their discretion, making the estate liable for my debts contracted in so doing. My Executor and Executrix are given full power to manage the said estate in accordance with their judgement for the accomplishment of the purposes above expressed and it is my will, they my said Executor and Executrix or the survivor shall not be held liable for any losses that may be suffered in the management and control of the estate as aforesaid while acting in good faith.
Item 4. When my son Harry shall have come of age or at his death before majority after my son Thomas shall come of age, or in case of Harry's death before Thomas shall be of age, then when Thomas shall come of age, or in case of the death of both Harry & Thomas before my son Ernest shall be of age then when the said Ernest shall come of age, then and at that time I give and bequeath to my said wife the whole of my personal estate then existing or in the case of the death of my wife before the time fixed as aforesaid then I give and bequeath my said personal estate to whomsoever, my wife may have given it by her last will and testament or in case of her death intestate, then it is my will that my said personal estate shall be divided equally between my sons Lorenzo, Ernest, Thomas and Harry and my daughters Laney E Kelly, Ella Woodham Lula Woodham and Sue Woodham equally share and share alike in such division the child or children of a deceased child to represent the parent and take the share the parent would have taken had he or she been alive, in case of the death however of anyone of the said eight children before the time for such division without leaving child or children him her or them surviving then the share or shares of the deceased child or children to fall into the sommon fund and be divided among the survivors entitled as above directed.
Item 5. At the said time fixed as above for the distribution of my estate I give and devise the whole of my real estate of which I may die seized and possessed to my said wife and to my children Lorenzo, Ernest, Thomas and Harry, Laney, Ella, Lula and Susan to them, their heirs and assigns forever to be divided between them equally, share and share alike as follows. When said time for division & distribution of my estate shall come, there shall be selected by my wife and my said eight children or by a majority of them, three competent and disinterested persons who shall estimate the value of my said real estate. When said estimate shall have been made my sons Lorenzo, Ernest Thomas and Harry or any one or more of them in case all do not so ?? may elect to take all of the said funds at the estimate value and pay to the other divisees having shares in said lands their respective shares in the same in money. The sons so electing to take said lands shall have two years within which to pay said shares in money interest however to run upon each money share from the date of the said estimate of value, and title to said lands to be conditional, upon the payment of said money shares and interest, and said lands bounds for the payment in full of the same. In this division of my lands or their value between my wife and my said eight children it is my will that in such division, the child or children of any deceased child shall represent the parent and take the share that his or her or their parent would have taken if alive. In case of the death of my wife, or in case of the death of one or more of my said eight children before the date fixed as aforesaid for the distribution of my estate, without child or children him her or them surviving then in that event the share of said deceased devisee shall lapse and go to swell the shares of the devisees still entitled to shares in said division. In case my said four sons or any one or more of them decline to take the said lands then it is my will that the three persons selected as above to appraise the said lands do make division of the same in specie among the divisees who at the time may be entitled as above directed to share in the same.
Item 6. What I have above bequeathed and divised to my wife, I declare to be in lieu and stead of any right of Dower that she may have in any lands owned by me at my death or that I may have disposed of before my death.
Item 7. I hereby nominate constitute and appoint my beloved wife Sarah M. Woodham and my son Lorenzo Woodham, Executor and Executrix of this my last Will and Testament.
In witness whereof I have hereunto set my hand and seal this 10th day of January A.D. 1893.
Signed, sealed and declared J. E. Woodham {seal}
by the said John E. Woodham
as and for his Last Will and
Testament in the presence of
us who at his request in his
presence of each other have
subscribed our names as
Witnesses thereto
M. G. Lee
J. F. Mozingo
W. W. Hearon
-------------------
State of South Carolina
County of Darlington
Personally appeared before me W. W. Hearon of said County who being duly sworn says that he with M. G. Lee and J. F. Mozingo was present on the 10th day of January A.D. 1893. At the residence of J. E. Woodham and that he did bid them bear witness that the above was his last will and that at the time of so doing, he was of sound mind memory and understanding to the best of his knowledge and belief.
Sworn to before me this 23rd day of May A.D. 1893
{L.S.} J. F. Reaves W. W. Hearon
Notary Public for S.C.
------------------
The State of South Carolina
County of Darlington

Present - Honorable T. H. Spain, Probate Judge for the County of Darlinton

Personally appeared W. W. Hearon a subscribing witness to the annexed instrument of writing, purporting to be the last Will and Testament of J. E. Woodham late of Darlington County deceased, who being duly sworn deposeth and saith that he was present and did see the said instrument of writing duly executed by the said J. E. Woodham. And deponent further saith that the said J. E. Woodham at the time of executing the said instrument of writing was to the best of deponent's knowledge and belief of sound and disposing mind memory and understanding, and that W. W. Hearon (the deponent) and M. G. Lee and J. F. Mozinso in the presence of each other, and of the said J. E. Woodham and at his request, signed their names as witnesses to the due execution of the same.
W. W. Hearon
Sworn and subscribed
to before me this 29 day
of March in the year of
our Lord, one thousand
eight hundred and
twenty three
T. H. Spain
Judge of Probate

We do solemnly swear that this writing contains the true last will of the within named J. E. Woodham deceased, so far as we know and believe and that we will well and truly execute the same by paying first the debts and then the legatees contained in said will, as far as his goods & chattels will thereunto extend and the law charges us, and that we will make a true & perfect inventory of all each goods & chattels, So Help Me God.
Sarah M. Woodham
Lorenzo Woodham
{Sworn and subscribed before me}
{this 29 day of March 1893.
T. H. Spain
Judge of Probate


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