Will of James B. McCracken

The State of South Carolina)
County of Horry)

In the name of god Amen. I, James B. McCracken, of the County and State afforesaid being of sound and disposing mind memory and understanding do make publish and declare this present writing to be and contain my last will and testament, herby revoking and declaring null and void all other wills and codicils to wit: all other writings in the nature of a will or codecil by me heretofore made.

Item first: I desire of my Executor to pay all my just debts, funeral and testamentory expenses, if possible, out of the proceeds of the collection of such debts as may be due to me. If not possible, then out of the proceeds of the sale of land hereinafter directed to be made.

Item Second: I give and divise unto my beloved wife Elizabeth E. McCracken and my children Ann R. Hendricks, Robert B. McCracken, James F. McCracken, Frances A. McCracken, and James B. McCracken, all and singular that certain tract in the County and State afforesaid lying and abu(?) and Jenkins Swamp, containing twelve hundred acres more or less as laid out by James E. Moore, Surveyor, and Represented on a plat of the Same made by him, on the 31st day of March A.D. 1876. Compiled with the other tract of 353 acres herein after mentioned. The said tract of 1200 acres being marked ? said plat. To have and to hold the said land in manner following to wit: as soon after the end of the year in which I shall die, as possible my Executor shall cause a partition to be made of the said twelve hundred acres among the above named devisees in the following manner. He shall sale of three capable disinterested persons, one of whom shall be a good surveyor who shall go upon said tract and appraise the same and divide the same in five (5) parts, equal in value, and shall designate the same by meter and bounds, the part which shall contain the homestead to be valued without any reference to this inplements and buildings on the same. The said part containing my house, etc. I divise to my said wife to have and to hold the same for and living (illigible) life and no longer and at her death I give and divise the same to my son James B. McCracken and in the event that my wife shall survive my said son James B., then at her death I give and divise the said part to my said children surviving and the child or children of such of them as may then be dead, the children of each decesaed child representing the parents. Of the other four parts I give and devise unto my beloved daughter Anna R. Hendricks that certain part which she may chose and select to have and hold the same to her , her hiers and assigns forever. The other three equal parts are to be assigned by the appraisors afforesaid, one each to my other children, Robert B., Frances A, and James F. McCracken, and I give and devise the same to them their hiers and assigns forever.

Item Third: I hereby direct that my Executor, whenever it may be become necessary to do so to raise money to pay my debts, to make sale of all and singular that entire tract of land adjoining the above mentioned land of 1200 acres, represented on the plat above noted by the letter B and containing three hundred and fifty three acres, at publick or private sale and on such terms, as to him shall serve best. He shall apply the paid said proceeds (illigible) he shall devide and distribute the same among my five children, share and share alike and to the child or children of such as may be dead at the time of said distribution the child or children of a deceased child to take the share of the parent and if any of my said children shall die without leaving lawful children, then the share of the deceased shall go to the devisee and survivors of my said children and the children of such as have died leaving children.

Item Forth: I (illegible) and empower my said executor to sell in like manner from time to time as to him in his judgement shall be necessary for the education and support of my said children, all the rest and residue of my Real Estate, and to apply the proceeds of such sale and sales, in equal shares to their use and benefit, and in the event that it shall not become necessary to sell any or all of the land withing five years after my decease, then he shall sell the whole of the land or what there be left, and divide the proceeds of said sale, as directed above in the preceding third clause of my will, with the exception of my daughter Ann R. Hendricks, who is to take nothing under this fourth item of my will.

Item Fifth: I give unto my beloved wife Elizabeth all my household and kitchen furniture and my horse and buggy, and I direct that she shall have the privilege of taking any such articles of my personal property, as she may wish to have at such a valuation of the same as may be fixed at the appraisement herein after provided for.

Item Sixth: I give and bequeath to my daughter Anna R. Hendricks a cow and calf to be selected for her out of my stock of cattle by my wife and a cow and calf to each one of my other children, also to be selected by my wife for them, whish shall remain in possession of my said wife, or if she should die, in that of my executor, and their respective increase be delivered by her or him, to each of my said four younger children as they marry or com of age, the said stock to remain in my mark until delivered.

Item Seventh: I direct and will that all my estate real and personal except the land directed to be sold if necessary to pay debts be kept together untill the end of the year in which I shall die so that the crop may be made and gathered and after this I direct that my executor make and cause to be made the usual appraising of all my personal property goods and chattles not hereinafter disposed of and after allowing my wife to make the selections above provided for, that he sell the residue of the land at publick or private sale, and on such terms as he may deem best, and the proceeds of said sale together with the form of the value of the articles so to be taken by my said wife be equally devided between my said wife and my five children share and share alike, and the survivor or survivors, if any be dead at the time of said sale. I direct and divise that the proceeds of the sale of the crop made during said year be as far as possible applied to the payment of the expenses of making the same, and the support of the family for the year.

Item Eighth: I hereby nominate and appoint my esteamed friend Gark(?) F. Hughs to be the executor of this my will and if he should die before fully executing the same then I appoint my friend William A. Spivey as the executor thereof; and I desire that the said Spivey become the Guardian of the persons and estates of my minor children........in witness whereof I have hereunto set my hand and seal this the fourth day of April A.D. Eighteen hundred and Seventy Six.

J. B. McCrackin (Seal)

The foregoing was signed sealed published and declared by James B. McCracken in our presants as and to be his last will and testament and in the presance of
J. E. Glasgo
W. A. Sprivey
Jos. T. Walsh

State of South Carolina ) County of Horry )

Personally appeared before me Joseph T. Walsh who being duly sworn on the Holy Word of Almighty God doth make oath and say that he saw James B. McCracken sign seal publish pronounce and declare the within writing to be and contain his last will and testament; that the said James B. McCracken was then of Sound and disposing mind memory and understanding to the best of deponants knowledge and belief and that J. E. Glasqu and W. A. Spivey Jr. together with deponent signed their names as witnesses thereto at the Request of the testator in his presance and in the presance of each other.

Jos. T. Walsh
Sworn to and Subscribed Before me this tenth of August A.D. 1876
Isaac G. Long J.P.H.C.

and at the Same time to wit the 7th day of August A.D. 1876 Lark F. Hughs was duly qualified by me as the Executor thereof Given under my hand Seal of office the day and year above writen. Isaac G. Long J.P.H.C."

Contributed by Dianne Moore

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