LAST WILL AND TESTAMENT OF WILLIAM
JACKSON PENNINGTON
In the name, as well as the trust in the Love and fear
of God Amen. I, William J.
Pennington, of said state and County, from the call now made of me by my
country to go forth in the defense of its rights and everything held sacred by
a free born Citizen, and being freely sensible of the casualties of ware, and
also the precariousness of natural life even under ordinary circumstance, deem
it right and proper, both as respects myself and my family, that I should make
sound disposition of the property with which a Kind Provider has so benignantly
blessed me.
Item First I desire and direct that my body be
buried in a Christian like manner suitable to my circumstances and condition
Humbly trusting my soul may return to its Giver to enjoy that rest which
remaineth to the people of God, when religion has been my chief joy in life,
and which I hope through faith in Christ, may be my complete comfort in death.
Item Second I desire and direct that all my just
debts be paid by my Executotrs, hereinafter named, without unnecessary delay.
Item Third I desire and direct that my Estate after
my death be all kept together and a farm regularly carried on, under the
control of my Executors, hereinafter named; and that my Mother and My Wife
(provided my Wife does not marry before my third son, John M(adison) Pennington arrives at the age
of twenty one ears), together with all my children, to be supported out of my
Estate, and all the children educated prudentially and practically, and as
nearly alike as the facilities and their capacities and aptitude for receiving
learning allow. But should my Wife marry
again prior to the above specified time __Why, in that event, it is my desire
and directive that my Executors hereinafter named, so order and direct that she
(my Wife Martha C Pennington) receive nothing more from my Estate, either as
support or otherwise.
Item Fourth I give and bequeath to my Beloved
Mother, Elizabeth Pennington, a reasonable
support during her natural life, to be raised of any part of my Estate at the
sound direction of my Executors, hereinafter named, and that only as she may
need it.
Item Fifth It is my will and desire and I hereby
instruct my hereinafter named Executors that if my Mother Elizabeth Pennington
is still living at the time when John M Pennington, my third son will be of the
age of twenty one years, in the event he lives to that time, that five of the
most valuable Negros then belonging to my Estate be set apart, where service to
my Mother aforesaid shall be entitled,
or a sufficiency thereof, for reasonable support from then forward to the end
of her life; and also to bury her in a Christian like style; and then that the
above mentioned Negros to be equally divided among my children or their
orphans, just in the same way that I desire all my Estate remaining divided,
found in the following, that is to say,
the Sixth Item.
Item Sixth It is my will and desire that at the time
when my third son may be twenty one years of age, or shortly thereafter, that
all my Estate, the division of which is not otherwise provided for may be
equally distributed between my Wife and all her children which she already has
or may subsequently have by me.
Item Seventh I constitute and appoint my worthy
neighbor and kind friend, John R. Battle, Executor in this my last will and testament, until my
eldest son, Andrew J., arrives at the age of twenty one years, and in the event
that the aforesaid son may not live till twenty one years, then I constitute
and appoint the aforesaid John R. Battle, Executor, as aforesaid, until my
second son, John L. Pennington arrives at age in the same manner as Andrew J.,
and in the event of his death, as in said Andrew J., the said John R. Battle
appointed until the time my third son, William M Pennington may arrive at the
age of twenty one years. And I
furthermore constitute and desire and appoint my three oldest sons, Andrew J.,
John L., and William M. Pennington Executors to this my last will and
testament. This
William
J. Pennington
Signed, sealed, declaired (sic) and published
by William J. Pennington as his last will and testament of us the subscribing
who subscribed our names hereto in the presence of said Testator and in the
presence of each other.
This
C.
O. Brown
S.
A. Price
Anna
Hodges
Belle
Hodges
Q Robert J. Hodges
Sumter
County Personally appeared in
open Court, Clara O. Brown, Sarah A. Price, Robert J.
Hodges,
three of the witnesses to the within instrument, who, being duly sworn, depose
and say that they
saw William J.
Pennington sign, seal, publish and declair (sic) the written instrument as his
last will and
testament,
voluntarily & freely, without compulsion & (next page not copied0