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WILL OF ANDREW
PICKENS SENIOR
Contributed by Carl R.
Garrison
I Andrew Pickens Sen’r, being of sound
and perfet mind and Memory and knowing that it is appointed for all
men once to die, doe on this twenty second day of June one thousand
eight hundred and nine make and ordain this my last Will and
Testament, in manner and form following, _____ desire that my body
be decently buried, as conveniences may offer, to those about me at
the time, and that my funeral expences be paid. With regard to my
estate or worldly matters of which I may die possessed, I desire
them to be disposed of in the following manner, that is to say all
my just debts to be paid. to my wife Rebecca, I leave and bequeath
Five Hundred Dollars, with a negro Girl named Lucy with two Feather
beds with their furniture, and to live in and have the free use of
the house I now live in, with the use of as much of the furniture in
the house as may be necessary for her use dureing her residence here
and at all times while here to be supplyed out of the produce of the
plantation with what provition is necessary for her comfortable
support with a horse and chair kept for her with anything else that
my executors after named may think necessary for her comfort. and as
my children which are gone from under my care and have got their
proportion of the property which God in his providence has given me
the remainder of the property which I now have I leave and bequeath
to my son Joseph Pickens which consists of the tract of land I now
live on with the tracts adjoining with the netroes which I now have
with the stock of horses, cattle, hoogs, and sheep, with all the
money I may have or which may be due me on Bond, notes, or otherwies
except as above to his Mother, with the Household furniture and the
plantation utensials such as waggons, plows hoes axes [etc] and that
their shall be paid out of the part comeing to my son thirty five
Dollars yearly to the support of the Gosple in this congregation
untill he arrives at full age to act for himself. and that my wife
Rebecca may be more freed from care and trouble I would recommend
that a careful indissterous man should be got as an overseer that
will be humain and careful and have plenty raised or procured for
the women to spin, that comfortable warm clothing may be had at all
times for the negroes. as they have been a means under Providence to
procure many of the comforts of life which myself and others have
enjoyed I request that they maybe used with justice and humanity. I
would recommend that all property which is thought unnessaery or
unproductive that it should be sold as my executors may see proper.
work horses suffitient for the plantation with two or three breeding
mares fifteen cows and calves with a few young cattle might be as
many as would be profitable. my sword which was given me by congress
I give to my son Andrew. but if my son Joseph should die before he
comes of age or without makeing a will before he is Married without
any legal heirs of his own, then and in that case _____ . my negroes
Dick, old Pompey with his wife Fillis, Jame and his wife Seala, Bob
and his wife Clarase I _____ and ________ to be free from slavery
and that one hundred and fifty acres of Land be reserved for them to
live upon and to cultivate for their support the land laid of for
them on the north east side of Little river beginning on the river
at the indian boundary and along that boundary and down the river so
as to include the cleared land and houses on that side the river
where Bob now lives to live on dureing their lives. my executors are
hereby Directed to give them two young work horses with two plows
with gears and tackling each of them to be given a good weeding hoe.
the men each and ax with a pair of iron wedges. the wemen each a
cotton wheel and cards likewies to be given them five good young
cows and calves, six head of sheep and four breeding sows and to be
supplyed with provition for themselves and creatures out of the
provition from the provition on the plantation and likewies with
three bushels of salt for the first year. and I doe appoint and
nominate William Beatty John McWhorter who lives near Mr Beatty and
Alexander Keison to be Guardians for the above mentioned negroes and
have justice done them and to give directions as to their work and
conduct but if Joseph Mother should live longer than him, then Jame
and his wife Seala to live with her to doe what may be for her
comfort or support provided she lives at this place and at her death
to live with the others as before directed and have the same
benefits of what they have got as the others and all the other
property not before reserved with the land to be sold at the
Discretion of my executors and equally divided amongst my other
children or their children.
And I doe hereby constitute and appoint
my sons Ezekiel and Andrew Pickens, George Bowie executors to
execute this my last will and Testament. in witness hereof I have
set my hand and seal the day and year first above
written.
In presence of –
James H(?)ood And’w Pickens
(seal)
Gideon
Horton
Oliver Woods
(Note
from contributor: Gen Andrew Pickens; b. 1739 in PA, d.
1817, (buried in Old Stone Church Cemetery,
Pendleton)).
WILL OF CAPT. ROBERT
PICKENS
In the name of God Amen.
I Robert Pickens of the State of South
Carolina in the District of Pendleton being in health of body and of
perfect mind & memory thanks be given to God calling to mind the
mortality of my body and knowing that it is appointed for all men
once to die, do make and ordain this my last will and
testament.
That is to say principally and first of
all, I give and recommend my soul into the hands of Almighty God
that gave it and my body I recommend to the Earth to be buried in a
decent Christian like Manner. And as touching such worldly estate as
it hath pleased God to bless me with in this life, I give devise and
dispose of the same in the following manner and
form.
Item first. My two old
negro women Rachel and Mima I give and bequeath to my beloved wife
Dorcas Pickens and to be disposed of by her at her death as she may
think proper.
Item second I give and bequeath to my
son Robert Pickens all the land and plantation on which I now live
at the death of my wife Dorcas Pickens. And it must be understood to
be my will & I do desire that my son Robert Pickens shall have
the use of and be allowed to cultivate the land during the natural
life of his mother, and that she shall have a support on the land
& have that exclusive right to the house in which I now live and
the orchard about it during her life. And at her death if it shall
be the pleasure of my two daughters Margaret & Elizabeth who now
live with her to live single and live together, they shall have the
use of the house and orchard above mentioned, during their lives if
they choose to stay on the place.
Item third I do devise that my wife
Dorcas shall choose two negroes from among all my negroes, one of
which I give and bequeath to her, and to be disposed of be her at
her death as she may choose and the other to belong to my estate at
her death. And after my wife Dorcas shall have chosen two negroes as
above devised, my son Andrew Pickens shall choose one & the
negro that he shall choose, I give and bequeath to him and his heirs
forever. And after my son Andrew Pickens shall have chosen one negro
my son Robert Pickens shall choose one and the negro that he shall
choose I give and bequeath to him and his heirs forever. And after
the above mentioned choices, the balance of my negroes, shall as
valued by three good men chosen by my executors here in after be for
that purpose and after such valuation shall be divided by lot among
the balance of my children viz John Pickens, John Smith, Margaret
Pickens, Elizabeth Pickens, Mary Bowman, Dorcas Paris & Anne
Bolding. Each one of them to take the negro that may fall to them by
lot at the valuation there of, and the average amount of the
valuation be equally divided among them all. Those of them who by
lot get the most valuable negroes to pay up to them who get negroes
that are less valuable until all are made equal.
Item fourth. I do devise that if it is
the wish of my son Robert Pickens at the death of his mother to take
the negro that she may choose at my death, that will at her death
belong to my estate and give up the one that he may first choose, he
shall be allowed so to do and the negro belonging to my estate be
sold and equally divided among all my children.
Item fifth.. I do devise, that if any
of my negro women has issue after the date of this my last will and
testament as herein devised that such issue be sold & divided
among all my children. Nevertheless
and I do so devise that if any of the
negroes die so that there is not one for every one of my children,
where a division shall take place as herein devised that such
discrepancy be supplied out of the price either of the negro that
shall belong to my estate at the death of my wife or those that may
be here in after born according to the average amount of the
valuation of those that are valued.
Item sixth I do devise that my waggon,
gear, plantation and carpenters tools shall remain on the plantation
for the use of my wife Dorcas Pickens and my son Robert Pickens, and
at the death of my wife Dorcas shall be the property of my son
Robert Pickens.
Item seventh. All my stock of every
description with all my household and kitchen furniture, I give and
bequeath to my wife Dorcas Pickens to be disposed of by her as she
may think proper among all or any of my children at her death or in
her life time if she chooses so to do.
Item eighth I do also devise that any
crop that may be on the plantation, or grain ready made shall be for
that use of my wife Dorcas. And if any crop unfinished be on the
plantation at my death, all the negroes shall remain on the
plantation until such crop shall be saved.
And I do here by appoint my wife Dorcas
and my two sons Andrew Pickens, and Robert Pickens, executors of
this my last will and testament. And I do hereby disallow revoke and
disanul all and every other former wills, testaments legacies,
Bequests and executors by me in any way before named,
Willed and bequeathed, ratifying and
confirming this and no other to be my last will and testament. In
witness whereof I have hereunto set my hand and seal this third day
of January in the year of our Lord one thousand eight hundred and
twenty three.
Robt Pickens (seal)
Signed sealed pronounced and declared by the
said Robert Pickens as his last
will & testament in the presents of us who in his presents & in the presents
of each have here unto subscribed
our names
I
Douthit
Jas
Oliver
James Smith
(Note from
contributor: Capt Robert Pickens; b. 1747 in MD, d.
1830, (buried in Pickens Cemetery)).
WILL OF ELEURA SITTON PICKENS
STATE OF SOUTH CAROLINA
ANDERSON COUNTY
I, Eleura Sitton Pickens, of the County
and State above written, being of sound mind and memory, but being
well aware of the uncertainty of life, and being desirous of
disposing of my property, do make this my last will and
testament:
After the payment of my funeral
expenses and my just debts it is my desire that my estate be
disposed of as follows:
If a suitable marker has not been
placed at the grave of my late husband, W. Clarence Pickens, it is
my desire that one be placed at his grave. It is also my desire that
a marker be placed at my grave; the two to be placed together, if
practical.
It is my desire, and I do so will, that
the sum of Five Hundred Dollars ($500.00) be given to my youngest
daughter, Addis Juanita Pickens. She is only one that did not go to
college.
After the settling of my last expenses
and debts, the placing of the markers above mentioned, and the
payment of the Five hundred Dollars ($500.00) to my daughter Juanita
Pickens, it is my wish, and I do will, that the remainder of my
estate, both real and personal, be equally divided between all my
children, my land and other property to be sold, if the heirs think
best, and the proceeds divided equally between them. The following
are my children who are to share in this division: Wesley Andrew
Pickens, William Clarence Pickens, Mary Istalena Pickens Holmes,
Sarah Lucretia Pickens Hering, and Addis Juanita Pickens.
I do hereby appoint my brother, Andrew
Sitton, as executor of this will, which I do declare in the presence
of the three witnesses whose names are signed hereto, to be my last
will and testament.
In testamony whereof, I hereunto set my
hand and seal this 27 day of February A. D. 1932
ELEURA SITTON PICKENS (seal)
On this 27 day of February AD 1932,
Eleura Sitton Pickens of Anderson County, South Carolina, signed the
foregoing instrument in our presence and declared it to be her last
will, and as witnesses thereof we three do now, at her request, and
in her presence and in the presence of each other, hereunto
subscribe our names.
MONROE PICKENS
EMMA M. PICKENS
SUE W. SITTON
(Note from contributor: Eleura
Istalena Sitton Pickens, wife of William Clarence Pickens; b. 1871,
d. 1933, (also buried in Pickens Cemetery)).
WILL OF WILLIAM
CLARENCE PICKENS
I, W. Clarence Pickens am in my right
mind and possessed with all my right facultys.
I do here by will and bequeath to my
wife Eleura Sitton Pickens to have and to hold unconditionally and
to do with as she see’s best – all my worldly goods.
In case I, W. Clarence Pickens should
out live the said Eleura Sitton Pickens the property shall be
equally divided among my five children with the proviso that William
C. Pickens who has received more than any the others, so far, should
do something to recompense Juanita for what she has failed to
receive in the way of an education.
I here in appoint Eleura Sitton Pickens
as my exicutrix as first proviso. In the later case I ask A. G.
Sitton and Istalena Pickens Holmes as Exicutors.
W. Clarence Pickens
And we at the request of W. Clarence Pickens
sign our names to his last will and
Testament which contains two
pages.
Sue W.
Sitton
H. A.
Foster
Nannie Foster
(Note
from contributor: William Clarence Pickens, son of Israel Wesley
& Sarah Ann Sitton Pickens, son of Robert and Martha Smith
Pickens, son of Capt Robert and Dorcas Hallum Pickens; b. 1867, d.
1929. (All buried in Pickens Cemetery)).
WILL OF WILLIAM SMITH
PICKENS
STATE OF SOUTH
CAROLINA
COUNTY OF
ANDERSON
In the Name of God Amen.
I, W. S. Pickens of Anderson County in
the State of South Carolina, being of sound mind and memory, do
make, ordain, publish, and declare this my last Will and Testament,
hereby revoking all former wills, by me made, that is to
say:
First. I will and direct that all my
just debts and my funeral expenses be first paid by my Executors, as
soon as practicable after my decease.
Second. I have, with the consent of my
beloved wife, Martha Louise Pickens, used and invested in my name
about Two Thousand Dollars of her money; I expect soon to repay a
part or all of said sum. In case the same or any part thereof
remains unpaid to her at my death it is my will that such sum or
balance should be aid to her, together with the additional sum of
One Thousand Dollars, which I hereby bequeath unto her, before the
distribution of m estate as directed in the residuary clause of this
will. I further will, devise, and bequeath to my said wife my home
place, upon which we now reside for and during the term of her
natural life. The property herein willed to my wife is to be in lien
of dower and in full of all her interest in my estate. In case she
should predecease me, the property so willed to her shall be
distributed as provided in the residuary clause of this
will.
Third. I have already made various
gifts and advancements to my several children and I now direct as to
them as follows: (a). To my son R. W. Pickens, I will, devise, and
bequeath seventy-one (71) acres of land to be surveyed off the
Eastern portion of the tract known as tract No. 4 in the partition
of the estate of Robert Pickens, deceased, said seventy-one acres to
be divided from the remainder of the tract by a line running as
nearly north and South as practicable, having regard to proper
division of the said tract. My said son is already in possession of
the Eastern portion of said seventy-one acres consisting of
Thirty-three acres, more or less, and it is my purpose to Execute to
him a deed thereto in a few days, in which event it is my will that
he shall have the remaining Thirty-eight acres at my death,
accounting for the value of the whole seventy-one acres as
hereinafter provided. (b). My son W. H. Pickens has already received
from me gifts and advancements, which, together with the notes and
accounts I hold against him, I regard as his full share in my
estate. It is my will, therefore, that all notes and accounts which
I hold against my son should be cancelled and that my executors
should not require him to account for any of the rents collected for
me for my hotel and store-room property at Easley, S. C. , prior to
the time of my death, but that he shall thereupon deliver to them
the said hotel and store-room property which he now has in charge
for me, and that the rents which he is herein allowed to retain
together with the notes and accounts I hold against him be in full
of his interest in my estate, except in case of the death of one of
my children without issue when he shall share with the others as
hereinafter provided. (c). To my son A. W. Pickens, I will, devise,
and bequeath my Pat Boggs place, consisting of Seventy-three (73)
acres, more or less, which has already been surveyed and plotted.
(d). To my oldest daughter Nancy A. E. Smith, I will, devise, and
bequeath the western portion of my Pisgah or McKinney place to the
amount of one Hundred and Ten acres, more or less, which said tract
has already been surveyed and platted. (e). To my daughter Mary
Eugenia Cely, I will, devise, and bequeath One hundred acres, more
or less, to be surveyed from the eastern part of my Oliver place the
line to be run as nearly north and South as practicable to leave the
tract in good shape. (f). To my daughter Ida Lee Elrod, I will,
devise and bequeath the Eastern portion of my Pisgah or McKinney
tract to the amount of One Hundred acres, more or less, which has
already been surveyed and plotted. (g). To my daughter Virginia
Irene Whitaker I will, devise and bequeath One Hundred acres, more
or less, to be cut off from the western portion of the tract known
as No. 4 in the partition of the lands of Robert Pickens. (h). To my
son J. O. Pickens, I will, devise and bequeath the western portion,
to-wit, One Hundred and Eighty (180) acres, more or less, of the
Oliver place, the line to be run between this and the portion willed
to Mrs. Cely as hereinafter directed. I regard this together with
what I have already advanced my said son as his full share in my
estate and therefore direct that he shall not participate in the
division directed in the residuary clause of this will, except in
case of the death of one of my children without issue when he shall
take as hereinafter directed.
I will and direct that as soon as
practicable after my death, my executors shall select three
disinterested men who shall appraise said lands and that said
children account at the appraised value for the lands severally
received by them in the distribution hereinafter provided for.
Fourth. It is my will that all the
residue of my property whether real, personal, or mixed, be sold or
collected in by my executors in such manner and at such time as they
deem for the best interest of my estate, allowing them full power to
sell and convey any of said property real or personal, at public or
private sale, with or without advertisement upon such terms as may
seem to them best. They shall also have power to compromise claims
for and against my estate.
My children, R. W. Pickens, A. W.
Pickens, Mrs. Nancy A. E. Smith, Mrs. Mary E. Cely, Mrs. Ida Lee
Elrod, and Mrs. Virginia Irene Whitaker shall be charged by my
executors with the appraised value of the lands willed them as
aforesaid, and also with any notes I may hold against them by way of
debt or advancement in a book kept for the purpose whether such
notes or accounts be out of date or not. Out of the funds arising
from the sales and collections provided for in this paragraph said
children shall be made equal by paying in cash to those charged with
the smaller amounts a sum sufficient to make them each equal with
the one charged with the largest amounts. Then I direct my executors
to pay to R. W. Pickens, A. W. Pickens, Mrs. Nancy A. E. Smith, Mrs.
Mary E. Cely, each the sum of Two Hundred Dollars. Then I direct
that all the rest and residue of my property as arising out of the
sales and collections herein in this paragraph provided for shall be
equally divided among my six children A. W. Pickens, R. W. Pickens,
Nancy A. E. Smith, Mary E. Cely, Ida Lee Elrod, and Virginia Irene
Whitaker share and share alike.
Fifth. In case any one of my eight
children above named should predecease me leaving a child or
children, such child or children shall take among them the share the
parent would have been entitled to if living; and in case one or
more of said eight children should predecease me leaving no child or
children, or issue of their bodies then the survivors of my said
children shall take among them the share which would have fallen to
such deceased child if living.
Sixth. I charge my children as they
respect my memory to have no litigation over my property or the
provisions of this will.
Seventh. I nominate, constitute and
appoint my sons R. W. Pickens, and A. W. Pickens to be the executors
of this my will.
In testimony whereof I have hereunto
set my hand and seal this seventh day of June 1901 at Anderson, S.
C.
W. S. Pickens. (Seal).
Signed, sealed, published and declared
to be the last Will and Testament
of said W. S. Pickens by him in the
presence of each of us who in his presence, at hisrequest, and in the presence of each other have
hereunto subscribed our name as
witnesses the date last above
written.
E. G. McAdams.
C. Eugene Tribble.
H. H. Watkins
[FIRST CODICIL]
STATE OF SOUTH CAROLINA
COUNTY OF ANDERSON
In the Name of God Amen:
I, W. S. Pickens of said State and
County, being of sound mind and disposing memory do make, ordain,
publish and declare this as and for a codicil to my last Will and
Testament, which bears date and was executed on June 7th,
1901.
Whereas by said Will I devised to my
daughter Mrs. Virginia Irene Whitaker and my son R. W. Pickens the
one hundred and thirty-eight acre tract known as the Woodland tract,
equally between them: And whereas, I have since conveyed said tract
of One hundred and thirty-eight acres to my son J. O. Pickens. Now,
I modify that portion of said will by directing that my Executors
named in said will pay to my said daughter Mrs. Virginia Irene
Whitaker and my son R. W. Pickens in equal shares the amount of the
piece of said One Hundred and Thirty-Eight acres at the piece at
which said J. O. Pickens is to account for the share to my Estate.
Viz. Sixteen Dollars an acre. And my said will shall in all respects
remain of force except as modified in this codicil.
In testimony whereof I have hereunto
set my hand and seal this Third day of November A. D.
1904.
W. S. Pickens. (Seal).
Signed, sealed, published and declared
as and for a codicil to the last
Will of the same testator by him in the presence of each of us who severally in his presence and
at his request and in the presence
of each other have hereunto subscribed our names are witnesses
thereto.
J. P. Carey
J. L. Sherard
M. L. Bonham
(Note from contributor: William Smith Pickens,
b. 1823, d. 1907, son of Robert and Martha Smith Pickens, Son of
Capt Robert and Dorcas Hallum Pickens, (all buried in Pickens
Cemetery). William Smith Pickens had 3 wives: Julia Ann Welborn
(from whom I come), Prudence Emeline Oliver, Martha Louisa
Rush. He had large families with the first two, no children
with last one. The last one vanished. The first two are
buried in Pickens cemetery. He acted as a "banker" for
northern Anderson/southern Pickens counties. There are a lot
of private mortgages, notes, etc, that show he was a real "wheeler
dealer" in his time. He was referred to as Colonel.
He was a notary public, back when that was a big deal and took an
act of the legislature. I have the certificate. He
probably needed it to do a lot of those banking type deals he
did. He did not participate in the Civil War...being almost 40
yrs old. Several of his children were vets including my great
grandfather, who was the last Confederate vet in upstate, and maybe
all of SC. He died Feb 19, 1948, over 100 years old, with a
very sharp mind and vision at the end, but his hearing was poor for
the last 10-15 years. He was a celebrity in the area, of
course, being the last veteran and all.)
WILL OF ANDREW
PICKENS
In the name of God Amane I Andrew
Pickens of Pendleton District and State of South Carolina Farmer
Being very sick and weke in Body but of perfect mind and memory
Thanks be given to God, calling to mind the mortality of my Body and
knowing that it is appointed for all men to die do make & ordain
this my last will & testament that is to say, principaly &
first of all I give & recomend my soul into the hand of almighty
God that give it and my body I recomend to the earth to be buried in
desint Christen burial. Nothing but at the general resurrection I
shall receive the same again by the mighty power of God. And as
touching such worldly estate wherewith it has pleased God to bliss
me in this life, I give devise, & dispose in the following
manner, & form. After paying all Inst debts
First I give and bequeath to Margaret
my well beloved Wife all my Household goods and moveable effects
except one young Horse. During her widdowhood & if she marrys
then each of my three daughters to receive two cows if the be there
for them and if not what is to be divided betwixt my wife &
three daughters ___(unable to read)___ District & State
Aforesaid, with one young horse as soon as he comes of age. The
plantation to be rented if my wife marrys from that time to my son
comes of age & the rent applyd to the schooling of my childern
at the Decration of my Executirs. Also I appoint my wife Margrat
Pickens – Robert Dowdle & John Warnock my Executors of this my
last will and testament comfirming this and no other to be my last
will & testament. In witness whereof I have hereunto set my hand
and seal this eighteenth day October in the year of our Lord one
Thousand Eight Hundred & one.
Andw Pickens (seal)
Signed sealed and delivered by the said Andrew
Pickens as his last will and
testament in the presence of us the
subscribing witnisses
John George
Israel
Pickens
Robert Dowdle
Junr
(Note from contributor: Andrew Pickens (older brother of
Capt Robert Pickens, b. 1736 in PA, m. Elizabeth Griffin, d. 1821,
lived on 18 Mile Creek, burial
unknown) |
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