Previous | Contents |
Next | References | Site Index | Site Map
Contributed to Marion County SCGenWeb by Francine Jones, 8 March 2001
WILL OF JOHN COLEMAN
State of South Carolina}
Marion District }
In the name of God Amen Know all men by these presents that I John Coleman of the State and District aforesaid, being of Sound and Disposing mind memory and understanding, do hereby make publish and declair this my last will and Testament, hereby revoking all other wills or codicils by me heretofore made.
Impremis. I wish my Executors herein after named to have my body buried in a decent and Christian like manner.
Item. It is my will also that my Executors hereafter named do sell and dispose of my two horses, a Gray mair a chestnut horse as well as all my crop of corn and cotton, except as much corn and provisions as will Support Caroline Mairs and her children for one year which provisions I leave to her to be set apart by my Executors.
Item. It is also my will that the Proceeds of said sales as well as the proceeds of debts and other funeral expences and whatever deficiency may be left after the application of the personal Estate aforesaid my will and desire is that my Executors do sell a Sufficient portion of land of which I may die seized and possessed to pay off and discharge Said, the portion of lands so to be sold as aforesaid for said purpose to be left to the discretion of my said Executors.
Item. I give and bequeath to Caroline Mairs on bed and furniture
Item. It is also my will that the ballance of my household and Kitchen furniture together with my Plantation Tools, farming utensils, my rifle Gun or Blacksmith Tools, be sold by my Executors and the proceeds applied with that of my personal Estate above named to the payment of my debts.
Item. I give and bequeath to Edward Mairs son of Caroline Mairs, my horse Colt, betwixt one & two years old.
Item. All the lands which may be left after the Sale to be made by my Executors for the payment of debts of which I may die seized and prossessed I wish to be disposed of as follows: vis.. To my neice Susan Rogers wife of Bethel Robers I give onehalf of said Lands, to her and the heirs of her body forever, To Esther Coleman my niece, daughter of Moses Coleman I give one fourth of said land, -- and to Edward Mairs and Hannah Mairs children of Caroline Mairs. I give the other one fourth part and if either of the last mentioned children should die without leaving lawful issue him or her surviving them my will is that the survivor of said children should have the whole of said one fourth part of said lands hereby bequeathed to them.
Item. My will further is that the above lands above given to my nieces the children aforesaid be divided if praticable so as to set apart to Susan Rogers one half thereof. To Esther Coleman my niece one fourth & to Edward & Hannah Mairs one fourth without making a sale of the same.
Item. To my Nephew Sampson Coleman I give and bequeath one hundred dollars in lands to be taken from the lands above bequeathed, and if said lands cannot be set apart to the amount of one hundred dollars then my Executors are hereby authorized to sell enough of my lands to make up this legacy of one hundred dollars to said Sampson Coleman.
Lastly I hereby nominate, constitute, and appoint my friends Alexander C Carmicheal and Arch'd Q McDuffie, Executors to this my last will and Testament, to carry out and Execute this my last will and Testament. In witness whereof I have hereunto set my hand and seal this first day of October A D one thousand eight hundred and fifty three.
Signed, sealed, published and declared in the presence of us who have subscribed the same in the presence of the Testator and of each other.
John Coleman (SEAL)
W. W. Harllee
Henry Powers
Samuel Altman
We Alexander C. Carmicheal & A Q McDuffie do hereby decline acting as
Executors of the within will Executed by John Coleman dated the 1st Oct. 1853.
Witness our hands this 5th June 1854.
A Q NcDuffie (SEAL)
A C Carmicheal (SEAL)
Recorded in Will Book 2, Page 183?
Original Will Missing
Sworn to May 22, 1854
E. B. Wheeler, Ordinary
Roll No. 982
Transcribed by Francine Jones, 8 March 2001 from "South Carolina Will Transcripts, 1782-1868, (WPA 1934-1936)" South Carolina Archives Microfilm No. M/9-17: Wills of Marion County, Vol. 1 (1796-1855).
Roll # 982
by Francine Jones, 8 March 2001
Since Alexander C. Carmicheal and A. Q. McDuffie declined to act as Executors of this will, Bethel Rogers and John Rogers petitioned for letters of Administration on 20 May 1854. They along with Benjamin Shooter made bond of $8000 on 5 June 1854 and Bethel Rogers was made administrator. An Inventory and appraisement was held on 6 June 1854 with John Rogers, Stephen Smith and A. Martin as the appraisers. Accounts were current in 1854 and 1855 with them paying Caroline Mairs $24.00 on 21 June 1854. Other accounts were paid at that time, but not to any other legatees. Accounts were current in 1856, 1859, 1860.
On 11 May 1871 James Smith, his wife and other applicants petitioned the court for Bethel Rogers to make an accounting and partitionof the estate. The papers were all gathered up from different attorneys who had held them during the Civil War times and distributions were finally made. Making this case more confusing was the fact that John Coleman, Jr.'s father, John Coleman, Sr. had died about April 1845 and his estate was not yet fully settled. Therefore it is necessary to also look at his estate which is found in Equity Roll #38.
Information gathered from all three sources show the following family connections:
1. John Coleman, Sr. was the father of three sons, Moses, John, Jr. and Edward. Edward was deceased at the time of his father death and left 5 children; Washington, Martha, John, Elizabeth and Susan Coleman. John Coleman, Sr. had married a widow, Esther Miller. Esther died shortly after her husband. In addition to the 3 Coleman sons, she left two daughters by her first husband, Dicey Lewis and Abigail Rice. 2. Esther Coleman, daughter of Moses Coleman, married Thomas Proctor and moved out of state. Esther was deceased before the estate was settled and her daughter, Elenora Proctor received her portion of the estate. She was still a minor in 1872. 3. Hannah Mairs married James Smith 4. Bethel Rogers married Susan Coleman 5. Sampson Coleman has be the son of Moses Coleman since there is no other possibility. Susan could be daughter of Moses or of Edward Coleman for we have learned that Edward had a daughter named Susan. However, if this is the case, why did John not leave anything to any of Edward's other children? 6. Edward Mairs was 18 years old in 1871. Who was Caroline Mairs and what was her relationship to the Coleman family?--------------------------------------------------------------------------------
Previous | Contents |
Next | References | Site Index | Site Map