Will of Peter Vaught Sen.
In the Name of God Amen
I Peter Vaught of the State of South Carolina, and District of Horry, Planter, Knowing the uncertainty of all earthly things, and the certainty of death, and being weak in body, but of sound, and disposing mind and memory thanks to the giver of all good; do make and ordain this to be my last Will and testament in manner and form following.
Infinis I will that my body be buried in a decent christianlike manner in the family burying ground which is on the premises on which I now reside, and that a suitable tombstone be placed at my grave, and that of my first wife and that the grave yard containing one half acre be paled in and enclosed. My Spirit I commit into the hands of my GOD. Trusting in the merits of Jesus Christ for Salvation and eternal life; and as to the Estates with which it has pleased God to bless me I desire to bequeath, and dispose of the same in the manner following, to wit: -
Item 1st I will that all my just debts, and funeral charges be paid out of my estate by my executor hereinafter named as soon as practicable after my decease.
Item 2d I give and bequeath to my present wife Sarah the sum of Five Dollars together with the lands named in a marriage deed, or contract made between us at our marriage, and dated the Fifteenth day of January in the year of our Lord one thousand Eight hundred and forty six which shall be in bar, and lieu of Dower, and Alimony and all other claims she may have or make against my Estate.
Item 3d I give and bequeath to my son Anthony Sweet (who is absent and his whereabouts to me unknown) the sum of Twenty dollars (should he call for the same) in money to be paid to him by my Executor to him and his heirs forever.
Item 4th I give and bequeath to my son Peter all the lands, (reserving one half acre now my burying ground) contained in a plat surveyed and made for me by M.F. Sarvis on the Twenty fourth day of April 1860, containing Four thousand and one hundred Acres more or less, and including the house and plantation whereon I now reside which said lands has been given to my said son Peter in a deed of gifts made by me to him and dated the thirtieth of June 1865.-
Item 4h continues I also give and bequeath to my said son Peter all of my stock of hogs except two sows and pigs hereafter disposed of, also all of my household, and Kitchen furniture, except one bed and furniture hereafter disposed of, also all of my plantation tools, including carts, wagons &c, also all of my books-
Item 5th I give and bequeath to my daughter Martha Caroline, wife of William A Bessent, one bed and furniture, two cows, and calves, and the following lands. Viz. - all the lands which I bought at Sheriff's sale of Josias T. Sessions Sheriff of Horry District on the 5th day of February 1844, lying on & adjacent to Little River whereon my said daughter now resides containing Eight hundred and Forty six Acres, more or less, except Fifty Acres hereafter disposed of to my grandson Henry B. Bessent, Son of my said daughter Martha C. Bessent which shall be wherever my said daughter shall choose, and determine, which will then leave Seven hundred and Ninety six Acres more or less- the above described lands I give to my daughter M.C. Bessent aforesaid, to her and her heirs forever.
Item 6th I give and bequeath to my grandson Henry B. Bessent Fifty Acres of Land to be taken off from the land whereon his mother now resides, wherever she may determine, also I give and bequeath to my said grandson H.B. Bessent Two sows, and pigs, and my double barrelled shot gun to be delivered to him by my Executor-
Item 7th I will that all the balance of my Estate both real, and personal, consisting of two tracts of Land on Big Buck Island, and Price's Swamp and contiguous thereto, also one hundred and Fifty Acres adjoining lands of John H. Cox, and Chauncey Willard together with all of my lands in Dogwood Neck containing about Eleven hundred and Forty Acres, together with a claim of Land on Sandy Island between the Magill's and myself, together with all the residue of my personal estate, not disposed of already in this will. I hereby direct my Executor to sell at public or private sale on such terms of cash or credit not to exceed five years as he may deem best, and out of the proceeds of such sale, I hereby direct my Executor first to deduct the amount of all just debts and funeral charges which I have directed to be paid, and then the balance be the same more or less. I hereby bequeath to my two daughters Charlotte R. Waller and Mary S. Jordan and direct my Executor to pay the same over to them or their heirs, share and share alike.
Item Lastly I hereby nominate (paper torn) my son Peter Vaught Executor to this my last Will and testament written on three sheets of Paper hereby revoking all other last wills and testaments by me at any time made and declaring this to be my last Will and Testament. In witness whereof I hereby set my hand and seal this nineteenth day of March One thousand Eight hundred and Sixty Six, and in the Ninetieth year of the Independence of the United States of America- The Erasures in fourth and Tenth lines of seventh item done before signing
Peter Vaught Sen.
Signed, sealed, published and declared by the testator in the presence of us to be his last will and testament who at his request, and in his presence, and in the presence of each do hereunto subscribe our names as witnesses thereto
D.W. Oliver Jr
The State of South Carolina ) By Joseph H. Harrell ordinary
Horry District ) Horry District court Personally
before one W.W. Cox and after being duly sworn on the Holy Evangelest of Almighty God made oath that he was present and saw the above named Peter Vaught sign & seal this instrument of writing which he publishes prononn to and declares to be his last will and testament and that the said Peter Vaught Sr was then of a sound and disposing mind memory and understanding to the best of this deponant knowledge and belief and that he the said W.W. Cox together with JGW Dewitt and DW Oliver Jr subscribes their names as witnesses thereto at the request of the testator in his presence and in the presence of each other
Sworn and subscribed before me W.W. Cox
February 11th AD 1867
Jos. H. Harrell ( )
Probate Judge H.D.
South Carolina )
Horry D i s t r i c t )
I Peter Vaught Jr do solemnly swear that this writing contains the true last will and testament of the within named Peter Vaught Sr deceased so far as I know or believe and that I will well and truely execute the same by paying first the debts and then the legacies contained in the said Will as far as his goods and chattels will therewith extend and the law charges me and that I will make a true and perfect inventory of all such goods and chattels making return of the same within the time presents by law So Help Me God
Sworn to before me the 11h Peter Vaught Jr
February A.D. 1867
Jos. H. Harrell
Recorded Feby 14h 1867
Page 86 & 87
Peter Vaught Exr
[Transcribed from the original by John Benjamin Burroughs]