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In the name of God Amen, know all men by these presents that I
JOHN D. MAGILL Physician and planter of the parish of lower All Saints,
District of Georgetown and State of S.C. being of sound and disposable
mind do make this my last Will & Testament revoking all others.
I devise and Will
1)
that after my just debts together with my funeral expenses shall have
been fully met and settled, that all my real estate shall be equally
divided between my two sons viz:
WM.
JOSEPH & JOHN D. MAGILL share and share alike. The latter JOHN D. MAGILL to have the place known as Richmond
Hill together with the seashore residence
attached.
The Island known as Sylvys Island together with so much of the rice land
now belonging to Oregon Plantation as may be requisite to make Richmond
Hill equal in the number of its acres of rice land shall be attached to
Richmond Hill and assigned to J.D. MAGILL.
I devise & will
2)
That the Oregon Plantation shall be given to WM. JOSEPH MAGILL & the
balance or remaining portion of land be equally divided between the said
WM. J. & JOHN D. MAGILL.
I devise & will
3)
That my servant TOBY & his wife HARRIET with their children &
grandchildren, together with EWENICE & HENRIETTA be delivered to
JOHN D. MAGILL and that the said Negroes shall be his and for his
benefit apart from & independent of the equal division of the
remaining part of my personal property or estate between himself and his
br. WM. J. MAGILL.
I devise & will
4)
That the marriage contract between myself & wife shall be carried
out and that the Negroes that came by her shall be equally divided among
our children, WM. J. MAGILL, JOHN D. MAGILL, ANN R. MAGILL & MARY
CHARLOTTE MAGILL, and that the Negroes apportioned or assigned to ANN R.
MAGILL, now ANN R. MITCHELL, shall be hers & for benefit of issue
after her, not subject to the debts and liabilities of her present
husband or any other husband she may hereafter have, and property
whether Negroes or money that may be apportioned to my daughter MARY
CHARLOTTE, now MARY C. ALLSTON, shall be hers and her children’s after
her and not liable to the debts or contracts of her present husband, or
any husband she may hereafter have, and I hereby appoint, WM JOSEPH
MAGILL, the trustee of the property that may be assigned or apportioned
to MARY CHARLOTTE ALLSTON from my estate and JOHN D. MAGILL the trustee
of the property that may be assigned or apportioned from my estate to
ANN R. MITCHELL.
I devise and will
5)
That should the Negroes stolen from me by the Yankees be recovered or
the value of said Negroes be paid to Executors that then and in that
event two thirds of said amount be equally divided between my two sons
WM. J. & JOHN D. MAGILL , and balance or remaining one third be
equally divided among all my children share and share alike.
I devise & will
6)
That the remaining part of my estate be equally divided between WM.
JOSEPH MAGILL & JOHN D. MAGILL and I hereby appoint my two sons WM.
J. MAGILL & JOHN D. MAGILL together with HENRY McKEVER (attorney at
law) of Cheraw Executors of this my last will and Testament.
Signed JOHN D. MAGILL
Signed in the presence of these witnesses 5 Aug. 1863
CHAS. BETTS
JOHN _ JONES
C.A. BETTS
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