Will of John Stone, Charles Town SC, 25 Jun 1756

South Carolina

In the name of God Amen, I John Stone of Charles Town in the Province of South Carolina Block Maker, being infirm of Body, but, blessed be God of sound and Disposing Mind and memory, considering the Uncertainty of This Transitory Life, and the Certainty of Death, Do therefore make publish and Declare these presents to be and contain my last Will and Testament, and do constitute and appoint my Friends Messrs. William Elliot Senior and Maturin Guerin Senr [Senior] Exors [Executors] in Trust, of this my said Last Will and Testament, and I do also hereby utterly revoke and Disannul all and every other & Former Will or Wills Testament and Testaments whatsover by me at any time or times heretofore made or Declared either by Word or writing, and Declare & confirm this and no other to be and remain as and for my only Last Will and Testament.

Principally I commend my immortal Spirit to God the author and giver thereof in and through the merits and mediation of my Blessed Savior and Redeemer Jesus Christ on whom I rely for the Pardon and remission of all my sins and for eternal Life and Salvation, and my Body at Death I commit to the Grave to be interred in a decent and Christian like manner at the Descretion of my aforesd [aforesaid] Executors hoping and believing the Resurrection of the Body. And as to all my Lands and Tenements, Goods and Chattels monies and Debts due to me, with all and singular my Estate real and personal whatsoever and wheresoever, I will and ordain that the same & every part and parcel thereof shall go and be disposed of in manner and form hereinafter particularly and respectively mentioned, That is to say,

First I will and ordain that all my Just debts and Funeral Charges shall be duly paid and discharged with all convenient expedition after my Decease.

Item I give and bequeath unto my loving Daughter Susanna Stone a Negro Slave Girl named Present, which was sometime past given by the said Mr. William Elliott to my late Deceased Wife, mother of my said Daughter Susanna and with the said Negro Slave Girl Present all her future Issue and Increase.

Item I give devise and bequeath all the rest and residue of my Estate Lands Tenements Goods and Chattels whatsoever and wheresoever unto my said Executors & the Survivor of them his Exors [Executors] and Admors [Administrators], upon the Special Trust & Confidence Nevertheless, and to and for the several and respective Ends, uses, Interests and Purposes hereinafter mentioned Limited and Declared of for and Concerning the same and every part & parcel thereof respectively, and to and for no other end, use, Interest or purpose whatsoever, that is to say; That my said Executors or the Survivor of them his Exors or Admnors, shall and do, when as Soon as he or they shall think fit, absolutely sell Dispose of and Convey in due form of Law to such person or persons as his her or their Heirs Executors Admors and Assigns forever as shall be the highest Bidder or Bidders respectively, and for the most moneys that can be got for the same, and as to my said Executor or Executors shall seem fit and proper, as well all and singular my said Lands Tenements and real Estate, as the rest and residue of my said Goods and Chattels, and the monies arising thereby, and all other my monies and dues whatsoever including what I have already furnished such of my children with as hereinafter mentioned respectively, and deducting out of the whole, what my said Executors or Executor shall judge reasonable to allow a suitable maintenance for my two youngest children until each of them shall come to the age of Twenty one [21] years respectively, shall equally share divide and allott [sic] unto and between all my loving Children; Subject to and under the several Limitations Restrictions, provisions and Conditions herein after mentioned limited and declared respectively, that is to say,

The part or share intended out of my said monies and dues for my loving Daughter Sarah Norman the wife of John Norman, shall be charged wt. [with] the Value of a negro Slave named Boston heretofore put into their hands the price of him then, and the value of his use since, according to the Judgement of my said Executors or Executor and accounted as part of my Estate at the time of my said Division. And the part or share intended of my said monies and Dues for my Loving Daughter Amy Ellicott, the wife of Joseph Ellicott, shall be charged with the Value of a negro Slave Wench named Bella heretofore put into her hands, the price of her then and the value of her use since, and her issue according to the Judgement of my said Executors or Executor, and with the Sum of Sixty Pounds [£60] Current money, which I heretofore paid to Jonathan Scott for the said Ellicott, and the Interest of it since, and together shall be accounted as part of my Estate at the time of the said Division; And then in the first place, shall be deducted out of the whole (before the said Division) a sum or sums sufficient and reasonable, in the Judgement of my said Executors or Executor, for a suitable maintenance, to be bestowed upon my two youngest Children until they shall respectively come to the age of Twenty one [21] Years; to be laid out on them during their minorities for the purpose aforesaid, and divide allot and pay over the surplus and Residue of my said monies & Estate equally amongst and between all my said Children under such Limitations and Restrictions as are hereinafter mentioned & making such Deductions and allowances to and Concerning my Two Eldest and two youngest Children as herein before is mentioned and directed.

Provided always and I do hereby Declare that it is my Express Will mind and meaning, that the respective Balances of the shares or parts of my said Two Daughters Sarah and Amy shall be kept and remain in the hands of and be improved by my said Executors and Trustees at Interest or otherwise as they or he shall see fitt [sic] during the natural lives of my said Two Daughters Sarah and Amey respectively and the Clear Profits thereof yearly during the said Term or terms shall be collected and paid over to each of them my said Daughters Sarah and Amy respectively for their Sole, separate use and maintainance [sic] without the power control or Intermedling of their or either of their Husbands, and without being subject to their or either of their Debts as my said Executors or Trustees or either of them shall see proper, and at the Decease of my said Daughters Sarah or Amey respectively shall equally share and divide the part or share of each of the mothers Sarah & Amy, with the overplus or profits which shall happen to remain unapplied thereof to and between the several Children and Issue of their respective Bodies, which shall happen to Survive the said mothers respectively, and pay over such parts & shares accordingly for the use and behoof of each of the said Children & Issue.

Provided also, that my said Executors or Trustees do and shall likewise Improve the respective Shares or parts of my said two youngest children for their several uses and behoofs during their minorities respectively after deducting their maintainance, pay over their respective Balances at their respective ages of Twenty one [21] years to them respectively or their respective Exors Admns & Assigns.

And Provided always that in case of the Decease of any of my children, before he or they shall receive his her or their respective share or shares as aforesaid and leaving lawful issue of his her or their Bodies surviving That then the part or share of my monies or Estate hereby meant or intended for my child or children so dying as aforesaid shall go to and be equally shared and Divided between the Children and issue Living of my respective deceas'd Child or Children & for want of such children and issue surviving of any of my Children or Child as shall happen to die before he she or they shall have received his her or their respective share or shares as aforesaid, then to the survivors and Survivor of them my said Children in manner herein before mentioned limited & directed and not otherwise.

In witness whereof I the said John Stone, to this my said Last Will and Testament, have hereunto set my hand and seal this Twenty fifth Day of June in the Thirtieth year of the Reign of our Sovereign Lord King George the second and in the Year of Our Lord, One thousand seven hundred & fifty six [25 Jun 1756].

{signed} John Stone (LS)

Sealed Published & Declared by Mr. John Stone as his Last Will and Testament, In the presence of us, who in the Testator's Presence & at his request have hereunto set our Respective names as Witnesses.

{signed} Joseph Moodie[1]
{signed} John Edwards
{signed} Edward Jones

Proved before the Govr. [Governor] in the Court of Ordinary the 27th February 1761 [27 Feb 1761]. At the same time qualified William Elliott Executor.

{signed} Wm. [William] Bull

[Included in the WPA Transcript:]
Recorded in Will Book 1760-1767
Recorded on Page 54

  • South Carolina Department of Archives and History. Microfilm ST0509. Will books (copies). Series S213028, Volume QQ, Pages 47-49.
  • South Carolina Department of Archives and History. Microfilm ST0515. Wills (WPA transcripts). Series S213216, Volume 9 (1760), Pages 67-70.
  • Jan Taft, contributor, “Will of John Stone: Berkley County, South Carolina,” Jacksonville Genealogical Society Quarterly 21, no. 2 (Summer 1993): 93.

[1] Incorrectly transcribed as “Moore” in the WPA transcript and the Jan Taft abstract.
  • Last modified: 2021-02-27 23:39:06
  • by Ken Norman