Will of John Sarvis

Copied at Horry County Courthouse by Flossie S. Morris.

In the name of God, Amen, I, John Sarvis of the State of South Carolina, Horry District, being weak in body but of a perfect sound mind, memory and understanding. Thanks be to Almighty God for the same and calling to mind the mortality of man and knowing that it is appointed for all men once to die, do make and ordain this to be my last Will and Testament, in form and manner, following. VIZ:

First of all, I recommend my Soul into the hands of Almighty God who gave it, and my body to be buried in a decent Christian like manner, and as to what worldly goods it hath pleased the Lord to bless me with, I will dispose of in the following manner,

Namely, I will that all my just debts and Funeral expenses be paid and discharged at the discretion of my Executors--

ITEM, I lend my Daughter, Clarky Smith, wife of John Smith, during her natural life the use of the following Negroes and their increase, namely: Jenny and Jack together with what stock, kind, household goods and furniture, which she hath received from me in my life time and at her decease I give the said Negroes, Namely, Jenny and Jack with their increase to the lawful heirs of her body to be equally divided amongst them, share and share alike.

ITEM: I lend unto my Daughter, Samantha Hucks, wife of John Hucks during her natural life the use of the following Negroes and their increase, Namely, Shade and Binah together with what stock kind, Household goods and furniture she hath received from me in my life time and at her decease I give the said negroes names, Shade and Binah with their increase to the lawful heirs of her body to be equally divided amongst them, share and share alike.

ITEM: I lend unto my daughter wealthy Dennis, widow of Nathaniel Dennis during her natural life the use of the following Negroes and their increase namely Hope and Charlott together with what stock, kind, Household goods and furniture, she hath received from me in my lifetime, and at her decease I give the said Negroes, namely Hope and Charlott with their increase to the lawful heirs of her body to be equally divided amongst them share and share alike.

ITEM: I will that one tract of land containing six hundred acres on Maple Swamp be divided between my three named children in the following manner namely, one half to be given to my daughter wealthy Dennis and the other half to be equally divided between my other two daughters, Clarky Smith and Samantha Hucks.

ITEM: I lend unto my beloved wife, Hamah Sarvis during her natural life the use of the following negroes and their increase namely, Frank, Jim, Hannah, Moses and Little Charlott and at her decease, I give the said Negroes, namely, Frnak, Jim, Hannah, Moses and Little Charlott and their increase to her six children, namely Mary, John, Fitz, Cornelius, Benjamin, Louisa, Pawley, Lewis Floyd and Elizabeth Sarvis and their heirs forever; also, I will that all my Stock, kind, Household goods and furniture remain on the plantation until my youngest child, namely Elizabeth Sarvis shall arrive to lawful age or marry and then that my two youngest children namely, Lewis Floyd and Elizabeth Sarvis receive, each two cows and calves, one Bed, Bedstead and furniture and that my household furniture be equally divided between my Beloved wife, Hamah Sarvis and her two youngest children, namely, Lewis Floyd and Elizabeth Sarvis and what shall still remain of my stock, Kind, Household goods and furniture. I lend unto my Beloved wife, Hannah Sarvis during her natural life, and at her decease, I give the said property to her six named children, namely, Mary, John, Fitz, Cornelius, Benjamin, Louisa, Pawley, Lewis Floyd and Elizabeth Sarvis to be equally divided amongst them, Share and Share alike; also I Lend unto my beloved wife, Hamah Sarvis during her natural life, three tracts of Land joining each other, one bought of William Carlisle, one of Mrs. Elizabeth McDildue and the plantation I now live on, the whole number containing six hundred acres more or less and at her decease, I give the said land to my youngest sons, namely, Cornelius Benjamin and Lewis Floyd Sarvis to be equally divided between them, share and share alike.

Also, I will that one hudnred dollars be appropriated to the Education of my grandson, Richard Green Sarvis, also, I will that crop on hand and all the money that shal then remain at my decease to go to my beloved wife, Hannah Sarvis.

ITEM: I lend unto my Daughter, Mary Sessions, wife of Josias T. Sessions during her natural life the use of the following Negroes and their increase, namely, Rose, Peter and Dinah together with what stock, kind, household goods and furniture. She hath received from me during my life time and at her decease, I give the said negroes, namely, Rose, Peter and Dinah, with their increase to the Lawful Heirs of her body to be equally divided amongst them, share and share alike--

Also, I will that one Lott in Conwayborough No. 252 be given to her and her heirs forever.

ITEM: I lend unto my son, John Fitz-Sarvis during his natural life the use of the following Negroes and their increase, namely, Old Tom, Clarender, and Jacob together with what Stock, Kind Household goods and furniture he hath received from me in my life time, and at his decease I give the said Negroes namely, Old Tom, Clarender, and Jacob, with their increase to the lawful heirs of his body to be equally divided amongst them, share and share alike. Also, two tracts of Land on the north side of Potato Bed Ferry Road, containing Eight hundred and twenty acres, also, I will that one Lott in Conwayborough No. 280 be given to him and his heirs forever.

ITEM: I lend unto my son Cornelius Benjamin Sarvis during his natural life the use of the following Negroes and their increase, namely, Old Peggy, Isaac, and Venus, together with what Stock, Kind Household goods and furniture he hath received from me in my life time and at his decease I give the said Negroes namely, old Peggy, Isaac and Venus with their increase to the alwful heirs of his body to be equally divided amongst them, Share and share alike. Also, I will that one Lott of Land in Conwayborough No. 294 be given to him and to him and his heirs forever.

ITEM: I lend unto my daughter, Louisa Pawley Beaty, wife of Jame Beaty during her natural life the use of the following negroes and their increase, namely, Sam, Amelia and Silvia and at her death I give the said negroes namely, Sam, Amelia and Silvia with their increase to the Lawful Heirs of ehr body to be equally divided amongst them, share and share alike. Also, I will that one Lot in Conwayborough No. 266 be given to her and her heirs forever.

ITEM: I lend unto my son, Lewis Floyd Sarvis during his natural life the use of the following Negroes and their increase, namely, Sary, Ned, Hester, Ben, Daniel and Rose and their increase to the lawful heirs of his body to be equally divided amongst them, share and share alike. Also, I will that one Lott in Conwayborough No. 238 be given to him and his heirs forever.

ITEM: I lend unto my daughter, Elizabeth Sarvis during her life time the use of the following negroes and their increase namely, Jane, Henry Mariah, Dolly and Rachel, with their increase to the Lawful heirs of her body to be equally divided amongst them, share and share alike. Also, I will that one Lott in Conwayborough No. 224 be given to her and her heirs forever.

ITEM: It is also my express will and desire that if any of my six last children, namely, Mary, John Fitz, Cornelius Benjamin, Louisa Pawley, Lewis Floyd and Elizabeth Sarvis, should die without leaving lawful issue then and in that case, the property which I have lent to them shall be equally divided amongst the surviving part of them share and share alike.

ITEM: Lastly, I do hereby nominate and appoint my beloved wife, Hannah Sarvis, my exucutrix and my friend, Silvias Sweet and my son, Lewis F. Sarvis, my Executors to this my last will and Testament disannulling and revoking any will or wills heretofore made by me and ratifying, confirming and declaring this to be by Last Will and Testament. In witness whereof I have hereunto set my hand and seal this 28th day of August in the year of Our Lord, One thousand Eight Hundred and Thirty four.

                  John Sarvis (SEAL)

Signed, Sealed and Acknowledged in presence of us and each other in presence of the Testator.
Henry Durant
B. A. Thomson
W. W. Durant

Will of John Sarvis Codicil

I, John Sarvis having reviewed and considered my will aforesaid, have thought proper to add the following clause:

ITEM: It is my express will and desire that my seven oldest children, namely Calrky Smith, Samantha Hucks, Wealthy Dennis, Mary Sessions, John P. Sarvis, Cornelius Benjamin Sarvis and Louisa P. Beaty shall not have any further share in my property, they having received share during my Life time, except as specified, in the Will at the decease of my wife, Hannah.

Witness my Hand and Seal the day and year aforesaid.
                  John Sarvis (SEAL)

Witness the word "NOT" in 3rd line, written before signing
Henry Durant
B. A. Thomson
W. W. Durant

Recorded in Will Book A, page 67
Recorded January 29th, 1835
John Durant Ordy. H.D.
Box 8 Bundle 1

The Independent Republic Quarterly
Summer 1985, Pgs 26-28

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