Person:Robert Rutherford (2)

Will of Robert Rutnerford

Will of Robert Rutherford

South Carolina

In the name of God Amen I Robert Rutherford Senior of said State and Newberry District being of sound and disposing mind but being low in body and health and well well knowing the uncertainty of this life and knowing that all must die, do make and publish this my last will and testament, whereas my loving wife Frances Rutherford and myself previous to our enter marriage entered late and executed a deed of marriage settlement bearing date the second day of June in the year seventeen hundred and ninety four wherein she my wife agreed to accept the sum of one hundred pound in lieu of all his ("her" written above) right or claim of dower of in or to all and singular my estate both real and personal and whereas the said one hundred pound has been my me deemed insufficient for her support I do there fore in lieu there of give and bequeath un-my said wife the following property, towit, one negro woman named Sooky and her three children namely Dred, Dick and Darcissher choice of two horses two cows and calves a new saddle and bridle one Thousand weight of Pork two barrells of flour forty barrells of corn two good feather beds and furniture and one hundred dollars in cash to her and her heirs and I lend my said wife during her natural life my negro woman Betty with her daughter Letty together with my five tracts of land with the improvements which I purchased of Richard Wright, Thomas Jay, Sam. Pearson, William Calmes and James Dobbins to clear annually only so much thereof as is necessary for rails and firewood and at the death of my said wife the property so loaned her is to be sold at the discretion of my Executors to gether with all other land not here after disposed of out of the sales of which my daughter (s) Mary Mathis, Johannah Minter, Nancy Slappy, Elizabeth Nance and the children of my daughter Sarah Hardy are to have four hundred and sixty dollars each which said sum my son Thomas B. Rutherford from the alike sale shall draw or have provided he shall have lost by due course of law that tract of land heretofore given him being on Island in Oconee River in the State of Georgia and the balance after giving my said daughter Nancy one hundred Dollars to be equally divided among my children Mary Mathis, Johannah Minter, John Rutherford, Thomas B. Rutherford, William Rutherford, Nancy Slappy and the children of my daughter Sarah Hardy (according) to the discretion of my Executors and Elizabeth Nance.

I give to my son William Rutherford all that tract of land that I purchased of Isaac Morgan containing two hundred acres more or lefs [sic] except that part I sold to Jefee Owens and one more in a square the grave of my former wife Dorthy to be in the centre there of to him and his heirs.

I give and bequeath to my son John Rutherford one negro man named Frank (the Blacksmith) the said John returning the negro boy Tom now lent provided Tom does not die to him & his heirs.

I give and bequeath unto my great grand daughter Betsy Wadlington, Dorothy Ann Wadlington, Polly Brooks Wadlington and Sarah Wadlington a negro woman named Jenny and her children Tom and all her future increase in trust with their Grandfather Aaron Cates til the endest of said Wadlingtons becomes of age or marrys when she talldraw [sic] one fourth part of said negroes and the increase or the value thereof and so on with each as they may marry or become of Age leaving the residue in trust as aforesaid til the youngest marrys or becomes of age.

I give and bequeath unto my Grandson Robert R. Nance one lott of land lying in the Village of Newberry which I purchased of John and Henry Coats containing one quarter of an acre and sixteen feet in front and thirty two feet back whereon I now have a store should he die with out ifsue (s/b issue?) or before he comes of age the said land to be the property of my Grandson Drayton Nance to them and their heirs forever as the case may be.

I give and bequeath all other of my property not herein mentioned to my children Mary Mathis, Johannah Minter, John Rutherford, Thomas B. Rutherford, William Rutherford, Nancy Slappy, Elizabeth Nance and the legitamate children of my son Robert Rutherford and the children of my daughter Sarah Hardy one ninth equal share the said Robert and Sarah to have and enjoy a life estate in their childrens part or share which shares shall be ascertained in such a manner as a majority of the legatees then present may direct each legatee having a sufficient notice from the Executors to prepare and attend such division.

Lastly I do hereby appoint my son John Rutherford, my son Thomas B. Rutherford and my son in law Frederick Nancy my Executors revolking all wills by me heretofore made.

In testimony whereof I have hereunto set my hand and seal the twenty seventh day of December eighteeen hundred and thirteen.

Signed sealed and published in the presence

of and signed at the request of the testator

{signed) Robert Rutherford (SS)

A.R. Perkins

Geo. Schoppert

Thomas Pratt

D.T. Milling

I Robert Rutherford of the District of Newberry and State of South Carolina being of sound mind and memory at present do hereby make this codicil to my last will and testament dated the twenty seventh day of December 1813 and signed and sealed by me in the presence of A.R. Perkins, Geo. Shoppert, Thomas Pratt and D.T. Milling at which time I was of sound mind and memory do hereby lend unto my loving wife Frances during her natural life my negro man Ned and at her death the said negro be disposed of as all other property loaned her my said wife agreeable to a clause contained in my said will for that purpose. Signed sealed and delivered in the presence of- January 9th 1814.

{signed) Robert Rutherford (SS)

Tho. Pratt

Isaac Jones

D.T. Milling

Recorded in Will Book "B" Page 393

Proved Feb. 7 -1814 (appears to be a 7 overstruck an 8)

Sam. Lindsay Ordinary Of Newberry District

(Original Will Not in Files of Probate Judged)

Recorded Feb. 8 -1814

Headstone Inscription

Here lies the remnants of Col. Robert Rutnerford

Who died the 23 January 1814 in his 79th year of his age

He has left a numerous family to lament the loss of an affectionate man provided father

He was a friend to the Orphan and Widow

Notes

Note from Oscar Wilkinson: Colonel Robert Rutherford of Newberry County, South Carolina. His first wife was Dorothy Brooks, who was the mother of all his children. He moved from Virginia to Chatham County, North Carolina where he was justice of the county court and was a representative to the third provincial congress which met in Hillsborough, North Carolina in 1775 when he again was justice to the county court, elected to the house of representatives in the state legislature, sheriff of the 96th district and a large scale planter.

From "Annals of Newberry County, South Carolina:

Robert Rutherford was a member of the House of Burgesses in Virginia. Before the Revolution he moved to Chatham County, North Carolina. He was a member of the First North Carolina Provincial Congress at Hillsborough. After the Revolution he moved to South Carolina. He assisted in establishing the county court system and was judge in this court in Newberry. He was said to be a Colonel in the American Revolution.

Citations

http://petersheritage.com/uploads/robert_rutherford_info.pdf

1. ↑ Family records
   email, 17 Aug 2002.

   After old John Harrington died at an early age, Mrs. Frances (Burt) Harrington married in 1795 in Newberry, Col. Robert Rutherford, bl 1734, VA. The Colonel owned the first cotton gin in Newberry. His plantation, located nine miles east of the city of Newberry, was called Liberty Hill.

   Email from Oscar "Wilkie" Wilkinson-see text

2. ↑ The Church of Jesus Christ of Latter-day Saints. International Genealogical index.

   Robert Rutherford; Male; Birth: 1734 Nettoway, , , Virginia; Death: 25 JAN 1814 , Newberry, South Carolina; Burial: Rutherford Cem, , Newberry, South Carolina; Spouse: Dorothy Ann Brooks; Marriage: 22 APR 1752 Hobbs Hole, , Essex, Virginia

   Record submitted after 1991 by a member of the LDS Church.
   Search performed using PAF Insight on 30 Dec 2006