District of Williamsburgh

State of South Carolina

 

In the name of God, Amen. I, John McClary, od the District of Williamsburgh, in the State of South Carolina, being of ---- mind and memory, thanks be to God for the same, do make, constitute and appoint this my last Will and Testament, revoking and recalling all other wills and testaments heretofore made by me. I give, devise, and bequeath unto Mary Rafield McClary, James H. McClary, John Calvin McClary, Alexander McClary, David Manton McClary, and unto any other child or children hereafter lawfully begotten in marriage by my son, John J. McClary, jointly and equally between said children, all the land, whereon the said John J. McClary now lives containing six hundred acres, more or less, being the half of a tract of land granted to Edward Plowden, also one other tract of land granted to David Witherspoon, also one other tract of land granted to Archibald Knox, which said several tracts of land I purchased at Sheriff's Sale and were conveyed to me by a deed of release from Thomas D. Singleton, Sheriff of Williamsburgh District, bearing date in the year of Our Lord one thousand eight hundred and twenty-four; and also one other tract of laud in the District of Williamsburgh on the west side of Black river containing nine hundred and ten acres, by a re-survey made on the 14 December in the year of Our Lord one thousand eight hundred and thirteen by William Richburgh. Item: I give, bequeath, and devise unto my Daughter Mary H. Duke and her children, David McClary Duke, Sarah Thermutus Duke, Mary Elenor Duke, and unto any other child or children which may hereafter be born of her body to be equally divided between them, that plantation or tract of land whereon her husband, Thomas Duke, now resides comprehending all the lands contained within the double dotted lines in a general survey plat of my lands on Boggy Swamp made by William Montgomery in the month of August of the year of Our Lord one thousand eight hundred and eleven, the same lying and being north and east of the said double dotted lines, Plowden lands, John Scott lands, Sammy Tisdale land, and Cedar Swamp road, together with the land I received by Thomas Duke's mother as Estate of Adair. The true intent and meaning of the above bequest of Land to my Daughter Mary H. Duke and her children is that on the decease of the said Mary H. Duke, the aforementioned lands shall become absolutely the property of those children of the said Mary H. Duke who are at that time living. Item: I give, bequeath and devise unto my son, Samuel Blackwood McClary, and unto his children, Margaret H. McClary, John Milton McClary, Hannah R. McClary, and Sarah Blackwood McClary, and unto any other child or children which may hereafter be lawfully begotten by him, the said Samuel Blackwood McClary in marriage, that portion of Lands whereon he now resides, being a part, or portion, of land where George H. Felming formerly resided and which I purchased at Sheriff's Sale, the same being conveyed to me by a deed of release by Thomas D. Singleton, Sheriff as aforesaid, and also one-half of Plowden's land, with a straight line running from Plowden's corner to the Potato Ferry road, and down the north side of that road to Tisdale's line, to the double dotted lines, to Plowden's lands. Item: I give, bequeath and devise unto my son David Sidney McClary (and to his lawful children children [sic] should he hereafter have any) the whole of the remainder of my lands undevised, whereon I now live, bounded by Plowden's, D. R. McClary's, Strong's, and Tisdale's lands, to the Potato Ferry road, also my share of an undivided tract of land in Williamsburgh District on the west side of Black River, according to the plat of reference thereunto had; also the choice of two beds and furniture, the whole of my household and kitchen furniture (with the exception of the remaining beds and their furniture); also a horse, saddle, and bridle, six cows and calves, my watch and firearms, and my wench Annet. Item: My town lots in the village or town of Kingstree be divided into four shares, and I give, bequeath, and devise to John J. McClary's children one share, to Mary H. Duke and her children one share, to Samuel Blackwood McClary and his children one share, and to David Sidney McClary one share. Item: It is my will and desire that the whole of my stock of cattle (with the exception of the six cows and calves already devised to David Sidney McClary and with the exception of two more cows and calves to be reserved) also the whole of my horses (with the exception of one already devised) my mules, sheep, and hogs, plantation tools, cash in hand, notes and accounts be divided into four equal shares, and I give, bequeath and devise one share upon the children of John J. McClary, which are now living or any other child or children hereafter lawfully begotten by him, to be equally divided among them; also one share unto my daughter Mary H. Duke and the children which she now has living, and unto any other child or children hereafter born of her body, jointly between her and her children Item: One other share unto my son Samuel Blackwood McClary and the children he now has living and unto any other child or children hereafter lawfully begotten by him; also one other share to David Sidney McClary and to any children which he may hereafter lawfully beget in marriage.Item: It is my will that the whole of my slaves (excepting my negro wench Annet. already devised to David Sidney McClary, and also with the exception of my old and faithful Servant, Axle) including those loaned and hired to my children be brought together and appraised and that they be divided into four equal lots as to value, keeping families together as much as possible in making the division equal. I give, bequeath and devise unto Mary H. McClary, James M. McClary, John C. McClary, Alexander McClary, D. M. McClary, and George F. McClary, children of my son John J. McClary, and unto any other child or children hereafter lawfully begotten by said John J. McClary, one lot of said slaves, jointly between the aforementioned children and any other children which said John J. McClary may hereafter lawfully beget. Be it understood that in making the bequest of a portion of my lands and slaves unto the children of my son John J. McClary, it is not my intention to deprive him of all participation in the profits arising from the planting o£ the lands and the labour of the slaves; on the contrary, the bequest is made upon this proviso, and it is my will, that the said John J. McClary shall have a joint interest with his children during his life in the profits (only) arising from the planting of the lands and the labour of the slaves, but that the said lands, slaves, and other property, so devised, by me to his children, shall not in any wise or manner be subject to any debts contracted by the said John J. McClary. Item: I give, bequeath and devise unto my daughter Mary H. Duke and unto her children David McClarv Duke, Sarah Thermutus Duke, Mary Elinor Duke, and unto any other children she may hereafter have born of her body, one lot of said slaves, to be divided equally between them, and upon this express condition, that upon the decease of my said daughter Mary H. Duke, all the slaves devised to her and her children shall become the absolute property of those of her children who are living at the time of her death; and I give, bequeath and devise unto my son Samuel Blackwood McClary and his children Margaret H, McClary, John Milton McClary, Hannah R. McClary, Sarah Blackwood McClary, and unto any other of his children which he may hereafter lawfully beget in marriage, one lot of said slaves to be equally divided among them, I also give, bequeath and devise unto my son David Sidney McClary and unto any children which he may hereafter lawfully beget in marriage one lot of said slaves.Item: I give unto my faithful servant Axle the two cows and calves above reserved from stock of cattle. It is also my will and desire that my son David Sidney McClary shall furnish Axle with as much land as he can cultivate, and should Axle become unable to support himself, my son David Sidney McClary, whom I appoint as the Guardian of Axle, shall clothe and maintain him as long as he lives, It is my will that if any of my heirs should attempt to go to law and sue the other heirs about the division of my Estate, the heir so acting shall forfeit to the other heirs his or her portion of my Estate, It is my will that my executors shall reserve a sufficient sum of money out of my Estate, and that they do purchase with the same four headstones with suitable inscriptions: one to be placed at the head of my grave, and the others at the head of the graves of my deceased wives, And I do hereby appoint Thomas D. Singleton, Senr., Thomas D, Singleton, Jur., David R. McClary, Henry D. Shaw, and David Sidney McClary my Executors to this my Last Will and Testament. In witness whereof I hereunto set my band and seal this twentieth day of January in the year of Our Lord one thousand eight hundred and thirty-one.

John McClary (L. S.)

In presence of:

John J. Tisdale.

Saml. Tisdale.

William Tisdale.

 

Codicil for the better explanation of the above will: It is the true intent and meaning of my will, above written, and it is my will, that if any of my children should attempt breaking my Will at law that the child, or heir, who shall enter a suit at Law and Equity for that purpose shall not only forfeit the portion so left him, but shall also forfeit to the other heirs his children's portion of my Estate left to them. In witness whereof I have hereunto set my hand and seal this 20th day of January one thousand eight hundred and thirty-one.

John McClary. (L, S.)

In the presence of:

John J. Tisdale.

Saml.

William Tisdale.

Proven before me the 13th day of May, 1833.

Sam. G. McClary,

Ordinary

Filed in the Probate Office of Williamsburg, number 10, compartment 22. As noted in the will above, John McClary was thrice married, His first wife was MARY RAPHIELD, a daughter of JAMES RAPHIELD, who aided in laying off the lots in the town of Kingstree, and who was the first of the family in South Carolina. Mary Raphield was born in 1757 and died on September 19, 1792. They had children: i. John James who married NANCY MCCRAE and had issue. ii. Mary H., who married THOMAS DUKE and had issue. By his second wife, MARGARET BLACKWOOD (BLACKWELL?), born 1769, died June 28, 1799, John McClary had probably only two children: iii. SAMUEL BLACKWOOD. iv. DAVID SIDNEY, who was probably unmarried in 1833. By his third wife, SARAH, perhaps a widow of Samuel Odear,John McClary probably had no children, She Was born in 1760 and died on December 23, 1815, aged 55 years; 7 months, 21 days.

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