Updated November 25, 2022
In the name of God, amen, I, William GILLIAM, of the state of South Carolina and District of Newberry, planter, being very sick and weak of body, but of perfect mind and memory thanks be given unto God therefore calling to mind the mortality of my body and knowing that it is appointed unto all men, once to die, do make, ordain, and establish this my last Will and Testament, in which I give, demise and dispose of such worldly good, as God please to bless me with, in this life, in the following manner and form:
First, I lend unto my beloved wife, Ann GILLIAM, my whole estate both real and personal during her natural life or widowhood, except such as shall be hereafter named, and herein devised to my respective legatees individually, and after her decrease or marriage, my will is that all my remaining estate both real and personal be equally divided among all my then living children:
The division to be made by lot, and the value of the property ascertained by the judgment of certain appraisers to be appointed by my executors herein after named.
Secondly, as my son James S. GILLIAM has already received seven hundred and fifty dollars in part of his legacy (as will appears by his receipt dated 6th Jany 1816) my will and desire is that after the decease or marriage of my wife aforesaid, he shall receive an equal share of my estate with my other children to be ascertained by appraisement and lot as aforesaid, to him and his heirs forever.
Thirdly, to my daughter Elizabeth S. Nance, wife of Clement Nance, in addition to a receipt of seven hundred and fifty dollar (dated 6th Jany 1816) an equal share of all my remaining property at the decease or marriage of my wife aforesaid, to her and her heirs forever
Fourthly, to my son John Taylor GILLIAM, in addition to his receipt of seven hundred and fifty dollars, I give and bequeath an equal proportion of all my estate, after the decease or marriage of my wife aforesaid to be ascertained as above to him and his heirs forever.
Fifthly to my son Jacob F. GILLIAM in addition to his receipt of seven hundred and fifty dollars, I give and bequeath equal share of all my remaining estate, after the decease or marriage of my wife aforesaid, to be ascertained as before to him and his heirs forever
Sixthly to the lawful heirs of my son William GILLIAM, decd, to wit, John and Nancy GILLIAM in addition to the sum of seven hundred and fifty dollars, received by him, in his lifetime, I give and bequeath, an equal share of my estate as aforesaid to be retained and improved for their benefit, until they shall arrive at lawful age to receive it, by my executors hereafter appointed. To him & their heirs forever.
Seventhly to my son Reuben GILLIAM, in addition to the sum of seven hundred fifty dollars, already received by him, I give and bequeath an equal share of my remaining estate as aforesaid to him and his heirs forever
Eighthly to my son Robert Glenn GILLIAM, I give and bequeath the sun of seven hundred and fifty dollars to be raised out of my estate, and delivered to him by my executors at the time of his arriving at the age of twenty-one years and also an equal share of my remaining estate as aforesaid. To him and his heirs forever
Ninthly to my daughter Druscilla Ann Goodman GILLIAM, I give and bequeath one negro girl named Jin who I value at $250 and five hundred dollars in cash, to be raised out of my estate by my executors and delivered to her at the time of her marriage or arrival at lawful age, as also an equal share of my remaining estate at the time of distribution as aforesaid. To her and her heirs forever.
Tenthly to my son Nathan Simms GILLIAM I give and bequeath one negro boy named Frank whom I value at two hundred and fifty dollars and five hundred dollars in cash, to be levied as aforesaid, and delivered to him by my executors he shall arrive at lawful age and also an equal share of all my remaining estate at the time of general distribution as aforesaid. To him and his heirs forever.
Eleventh to my daughter Sarah Thompson GILLIAM, I give and bequeath two negro girls called Maria and Patience, who I value at $300, and four hundred and fifty dollars in cash to be levied as foresaid and delivered to her when she shall arrive at lawful age, and also an equal share of my remaining property at the time of general distribution as aforesaid to her and her heirs forever
Further my will and desire is that, not withstanding in the 8th Article, I have devised to my son, Robert Glenn GILLIAM, $750 in cash; yet, as it appears to be his choice to accept a negro boy named Peter in lieu of two hundred and fifty dollars, I therefore give and bequeath to the said Robert the negro aforesaid, and the balance of the seven hundred and fifty dollars in cash my will and desire is, farther that if any of the negroes herein devised to any of my minor children, should die, prior to their coming into the possession of the parties to whom they are respectively devised, the loss shall be made up by supplying others, as near as possible to the value above mentioned, previous to a general distribution
My will is also that none of my minor children shall pay, out of their own dividend of my estate, for their boarding, raising or education, but that a sufficiency for that purpose shall be retained in the hands of my executors.
My wish is that none of my property shall be exposed to public sale; bur that at the decease or marriage of my wife aforesaid, not only my negroes, but all my household and kitchen furniture, together with my plantation tools and whatever property I may die possest of not before mentioned, shall be distributed into lots, appraised by the direction of my executors and drawn for by the parties themselves or their legal representatives, should any of the legatees aforesaid, decease prior to receiving their respective dividends my will is that their lawful issue, if any, shall receive their part, in like manner as if the said legatees had received it in their respective lifetimes, but if any of them should died having no legal issue, their portion shall devolve to the estate and be considered a part of the general dividend.
And lastly I do hereby nominate ordain and appoint my son in law Clement Nancy and my tow sons Jacob and Reuben GILLIAM sole executors, and my beloved wife Ann executrix, if she please, of this my last will and testament, ratifying and confirming this and no other to be my last will and testament.
In Witness whereof I do hereunto set my hand and affix my seal this seventh day of January AD on thousand eight hundred and sixteen
Sig: William GILLIAM
In presence of
James R. Wood
Thomas B. Calmes
John Clarke
Recorded in Will Book I, page 65 and 66
Proved November 18th 1823
Recorded November 18th 1823
T. T. Cureton, Ordinary Newberry District
Box No. 42, Pkg. No. 95, Est. No. 1035.
Sources
- Newberry District Will Book I, page 65-6
- The South Carolina Department of Archives and History Web Site