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Subject: Transcription of Will of James Nesbitt
From: Berrynice9
Date: February 08, 2000
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Is your surname listed here too?
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Full-name: Berrynice9
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Date: Fri, 4 Feb 2000 10:36:50 EST
Subject: Fwd: Transcription of Will of James Nesbitt
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Hello Readers,
This is only a partial transcription of the will of James Nesbitt Esq. I am
still deciphering it. However, I am hoping that anyone reading what I have so
far, can locate names of others listed. Thinking that the friends listed in
this will might have descendents who can still give me knowledge of this man
this particular family.
Some surnames listed in the will are Twitty, McClintock, Casey, Rogers,
Farmer(?). Maybe someone can help me get pointed into an even more helpful
direction.
THERE IS HISTORY IN OUR ROOTS!!!!
Sincerely,
G. Moore
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From: "Gaye Moore"
To: [email protected], [email protected]
Subject: Transcription of Will of James Nesbitt
Date: Tue, 01 Feb 2000 14:06:10 PST
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This is the transcription of the handwritten will of James Nesbitt, Esquire.
Any unrecognized word will be designated with the letters (uw) in
parentheses.
In the name of God Amen. ___I James Nesbitt being of sound and disposing
mind and memory but weak in body and calling to mind the uncertainty of
life, and being desirous to dispose of all such (uw) estate as it has
pleased God to bless me with, do make and ordain this my last will and
testament in (uw) following that is to say
Section 1st I will and direct my Executor hereinafter named as soon after my
death as he may deem proper and advisable to sell at public auction either
From (four uw) credit as he may think best all my personal property not
hereinafter specifically devised, and with the proceeds of such sale
together with such funds as he may be able to collect from debts (uw) owing
to me at the time of my death or in case these should prove insufficient
with such other monies as may enter into his hands from sales hereinafter
directed to be made he shall proceed to pay first all of my just debts.
Section 2nd I give and bequeath to my wife Caroline Nesbitt all that tract
or parcel of land on which my dwellinghouse near Mountain Shoal is situated
and known as the ("uw)tract" after dividing from it the Mountain Shoal tract
embracing the Storehouse, Blacksmith Shop, Mills and some two hundred and
fifty acres lying on both sides of Enoree River as surveyed for me by Ray
(unrecognized last name) in May 1866 and after the further deduction from it
all of that portion of said tract which lies west of and above the following
described line of division to wit a line to commence at or near the mouth of
the big branch which runs between my dwellinghouse aforesaid and the old
Thomas (unrecognized last name, seems to read Farmer) house said to run in a
straight direction to a point on V Casey's line nearest to the house in
which William Watson now lives. I also give to my said wife all my household
and kitchen furniture or as much thereof as she may choose to take for the
comfort and convenience of herself and the younger children who may remain
with her, my family carriage and two horses or mules to be selected by her
From the stock owned by me at the time of my death, three cows and calves
and two sows and pigs to be in like manners chosen by her.
The foregoing bequests which are made to my wife absolutely, are intended to
be in lieu of Dower and as intended to be all her right and claims to be
endowed out of any of the lands belonging to my estate.
Section 3rd I give and bequeath to my friend Doctor Lafayette Twitty his
heirs and offsprings my Bobo and Crow place on which (on which written again
in will) James Taylor now lives,in trust (uw)for the sole and separate use
and benefit of my daughter Francis E. McClintock wife of William McClintock
for her natural life and at her death to go to the heirs of her body
lawfully begotten and in the event of her leaving no lawful issue of her
body living at the time of her death then the said land is to revert to my
estate and become distributable equally among my heirs at law, the said land
shall in no wise be subject to the debts engagements or incumbrances of the
present or any future husband of my said daughter.
Section 4th I give and bequeath to my friend Doctor Lafayette Twitty his
heirs and offsprings my Crawfordville tract on which James Moore now lives
in trust nevertheless for the sole and separate use and benefit of my
daughter Anna Nesbitt during her natural life, free from the debts
engagements and incumbrances of any future husband, and at her death to go
to the lawful issue of her body in case she should marry and have issue of
such marriage.In the event of the death of my said daughter however ,
leaving no such issue living at the time of her death the said tract or
parcel of land to revert to my estate and become distributable equally among
my heirs at law, the child or children of any deceased child taking the
position to which (uw) parent if living would have been entitled.
Section 5th: I give and bequeath to my friend Doctor Samuel Brewton his
heirs and offsprings my "Warriors Creek" tract of land in Laurens District
in trust nevertheless for the sole and separate use and benefit of my
daughter Byodeview Nesbitt for her natural life upon the same conditions in
every subject and with the same limitations as to the persons who are take
and enjoy the (scratched out word) upon the limitations of the life estate,
are particularly set forth in the proceeding section with reference to the
real estate given to my daughter Anna.
Section 6th I give and bequeath to my friend Doctor Samuel Brewton his
heirs and offsprings all the balance of the (unrecognized last name) tract
adjoining the AttMorgan tract near Two Mile Creek which lies immediately
west of (uw) above the division line (uw) before described (in Section 2nd)
as a line to commence at or near the mouth of the big branch which runs
between my dwellinghouse near Mountain Shoals and the old Thomas
(unrecognized last name, seems to read Farmer) house and to run in a
straight direction to a point on V Casey's line nearest to the house in
which William Watson now lives in trust nevertheless for the sole use and
(use and - written again)benefit of my youngest daughter Carrey Nesbitt for
her natural life and upon the same conditions and with the same limitations
in every subject as are particularly set forth in Section 4th referring to
the real estate given to my daughter Anna.
Section 7th I give and bequeath to my friend Doctor Samuel Brewton his heirs
and offsprings my "Roebuck place" on which Elias (last name unrecognizable)
now lives also a part of the Richard Gentry place designated by the
following described lines to wit: commencing on Jimmy's Creek at McCawley's
corner and running thence with the Gentry line until bit reaches the big
road from Rodgers Bridge to Woodruff; thence as with said road in the
direction of Woodruff until it reaches William Skinner's line, thence with
said line to Mrs. (last name unrecognizable but looks to say Mason)line,
thence withe the line of the said Mrs. David (last name unrecognizable but
looks to read Ransom's) land to the Roebuck line, thence (uw)Jimmy's Creek
taking in the Bragg place lying east of the Roebuck place; in trust
nevertheless for the full use and benefit of my son Samuel James Nesbitt
during his natural life, which is subject to any of his debts engagements
and incumbrances and with the same limitations as to the persons who are to
take and enjoy the same from the termination of the life estate as is fully
set forth in Section 6th with reference to the real estate given to my
daughter Anna.I further give and bequeath to my son just named, my gold
watch.
Section 8th I give and bequeath to my friend Doctor Samuel Brewton his heir
and offspring my "Dickie Tract" of land south of said tract, all my calves
in (unrecognizable) District in trust (nevertheless or suretyship) for the
full use and benefit of my son David B Nesbitt during his natural life and
upon the same conditions and with the same limitations as to its disposition
upon the termination of the life estate as was set forth as attaching the
real estate given to my son Samuel James in the preceeding sections.
Section 9th I will and (uw but looks to say devise) unto my son Niles
Nesbitt all of the Richard Gentry tract of land not herein before described
or disposed of, and also portions of the John Clark and the old
(unrecognizable first name) Reynolds tract, described and bounded as
follows, to wit by a line commencing at the well dug below the Mile Store on
the big road leading to Mrs. James Alexander's and running thence from the
hollow to the old ford at Jimmy's Creek, thence up the (uw) through the
field straight to the corners of the said Niles Nesbitt's own land on the
line running from a Sassafras' corner of the land he bought from James
(unrecognizable last name but looks to read as Ransom).
Section 10: I give and bequeath to my son Langdon C. Nesbitt all the balance
of the John Clark tract of land not hereinbefore (unclear if the word read
devised or described) or disposed of.
Section 12: The (Uw) hereinbefore named I devise and request shall (uw) the
estate of each of these (two underlined Uw)in such (uw) as they may think
best considerately with the (uw) and purpose of the trust, and they are
hereby (uw) from the (uw)as coming of age of any one of these (underlined
uw) give trusts to allow such a one to take charge or management of his or
her trust estate and secure the profits of the same
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