Person:Squire Ussery (2)

Will Transcript

South Carolina )

Barnwell Dist. )

In the name of God Amen. I, WELCOME USSERY of the District of Barnwell and late of South Carolina Being of sound disposing mind and memory do make this my last Will and Testament:

First, it is my will and desire that my property real and personal of whatsoever description which I may have at my death shall be sold on a credit of Twelve months to the highest bidder after legal notice of such sale shall be given by my executor and the purchasing money secured by bond and two personal security.

Secondly, I give and bequeath unto my son--Squire Ussery Fifty Dollars from the proceeds of the sale of my said property having already given him nearly his potion.

Thirdly, I give and bequeath unto my son John Ussery in addition to what I have already given him, One hundred and fifty dollars to be delivered to him by my Executor when collected from the Sales of my Estate.

Fourthly, I leave in the hands of my Executors One Hundred and ninety five dollars to be given to my daughter Lotty Reed provided she leave her husband or that they can see any way for her to enjoy it without her husband being a partaker of it with her otherwise the said money be equally divided among my surviving heirs.

Fifthly, it is my will and desire that all the residue of my estate arising from the sale thereof be equally divided share and share alike between my wife Kezia Ussery, my daughters Kezia Ussery, Jemima Ussery, my son Milford Ussery, Thomas Ussery, Pleasant Ussery, Obanon Ussery and also to my daughter Gincy Spears and Rhoda Gardner after deducting Fifty dollars from the parts of said Gincy and Rhoda for which I have already given them.

Sixthly, and it is further my desire that if any of my aforementioned children or grandchild should die without Lawful issue then and in that case I will that his her or their portion shall be equally divided among the surviving children named in the Fifth Item.

Seventhly, it is further my will and desire given to my wife shall be enjoyed by her during her life or widowhood and upon either of these occurring, I will that her part shall be divided as the Sixth Item directs.

Eighthly, I hereby constitute and appoint my son Squire Ussery and Marmaduke Gardner as Executors of this my last Will and Testament.

In testimony whereof I have hereunto set my hand and seal this 12th day of October in the year of our Lord One thousand eight hundred and thirty four.

(Signed) Welcome Ussery

Signed sealed declared and Published in presence of us:

William Braxton

Eldred S. Momillion

Willis Stansell

South Carolina )

Barnwell Dist ) By O.D. Allen, Esq., Ordinary.

Personally came before me, Mr. Wm Braxton and made oath on the Holy Evangelists of Almighty God, that he was personally present and saw Mr. Welcome Ussery, Sign, Seal, Publish, Pronounce and declare the foregoing Instrument of writing to be and contain his last Will and Testament, that he the said Welcome Ussery was then of sound and disposing mind, memory and understanding to the best of the Deponent’s knowledge and belief, and that Eldred S. Gomillion, Willis Stansell, together with this deponent subscribed their names thereto as witnesses, at the request of the testator, in his presence and in the presence of each other. At the same time qualified Mr. Squire Ussery, Executor.

Given under my hand this Second day of January 1835. Orsamus D. Allen, Ordinary of Barnwell District. Qualified Marmaduke Gardner, Executor this 6th day of Jany, 1835 & gave him a certificate to that effect.

Orsamus D. Allen, O.B.D.

Guardianship Records

South Carolina )

Barnwell Dist ) To O.D. Allen, Esq. Judge of the Court of Ordinary

Sheweth, that she has two infant sons, both under the age of fourten years - viz: Pleasant Ussery and Obannon Ussery - who are entitled to a distributive share under the Will of their late father Welcome Ussery, dec’d - and have no guardian to protect their interest therein. Your petitioner therefore prays that you will appoint Marmaduke Gardner Guardian of Pleasant Ussery and Isham Spears Guardian of Obannon Ussery, with all the power incident to that character - and your petitioner as in duty bound will ever pray. 23rd Dec 1835.

Keziah (her mark) Ussery.

South Carolina )

Barnwell Dist. ) In the Court of Ordinary.

Know all men by thine presents, that we, Marmaduke Gardner, Isham Spears and Jesse Peacock and T__ Hailey, are held and firmly bound unto Oramus D. Allen, Esq. Judge of the Court of Ordinary, from said District, and to his successor in office and assignees, in the full and just sum of Eight Hundred Dollars. To this payment of which we bind ourselves and each and every of our heirs, Executors and Administrators jointly and swear firmly by these presents. Sealed with our Seals, twenty ninth day of December in the year of our Lord one thousand eight hundred and thirty five.

Whereas the Judge of the Court of Ordinary in _____ of a petition presented on the 29th day of Dec 1835 did nominate and appoint the above bound Marmaduke Gardner Guardian of the person and Estate of Pleasant Ussery, a minor. Now the condition of the above obligation is such that if the above bound Marmarduke Gardner shall and will and faithfully perform the duties of a Guardian of and for the said Pleasant Ussery. And also yearly and every year account unto the said Oramus D.Allen, Ordinary as aforesaid, or his successors, or to such person or persons as the said Court shall appoint to receive the same, for all such sums of money, goods, chattels, rights, credits, lands, household estates, and all property of whatever nature which he may have received or be entrusted with on account of said Guardianship, then this obligation to be null and void, otherwise to remain in full force and virture.

Signed, sealed and delivered in the presence of Wilson Landers:

Marmaduke Gardner (Seal)

Isham Spears (Seal)

Jesse Peacock (Seal)

T. Hailey (Seal)

South Carolina )

Barnwell Dist. ) In the Court of Ordinary.

Know all men by thine presents, that we, Isham Spears, Marmaduke Gardner, and Jesse Peacock and T__ Hailey of the District and State aforesaid are jointly and firmly held and bound unto Oramus D. Allen, Esq. Judge of the Court of Ordinary, from said District aforesaid, and his successor in office and assignees, in the sum of Eight Hundred Dollars to be paid to Oramus D. Allen or his successors and assignees, to which payment well and truly to be made, we bind ourselves and each and every of our heirs, Executors and Administrators firmly by these presents.

Sealed with our Seals, twenty ninth day of December in the year of our Lord one thousand eight hundred and thirty five.

Whereas the Judge of the Court of Ordinary for the District aforesaid did in pursuance of a petition presented on the 29th day of December 1835 - nominate and appoint the above bound Isham Spears Guardian of the person and estate of Obannon Ussery, a minor. Now the condition of the above obligation is such that if the above bound Isham Spears shall and do well and faithfully execute the duties of a Guardian of and for the said Obannon Ussery, and also yearly and every year account to the said Oramus D. Allen, Ordinary as aforesaid, or his successors, to such person or persons as the said Court shall approve to receive the same for all such sums of money, goods, chattels, rights, credits, lands, leasehold estates and all property of whatever nature which he may have received or be entrusted with on account of said Guardianship, then this obligation to be null and void otherwise to remain in full force and virture.

Signed, sealed and delivered in the presence of

Wilson Landers

Marmaduke Gardner (Seal)

Isham Spears (Seal)

Jesse Peacock (Seal)

T. Hailey (Seal)

1.   .

   Squire Welcome Ussery was born May 27, 1782 to Thomas Ussery and Sarah.He died Jan. 6, 1835 in Barnwell County, S.C. Place of burial unknown. He
   married Kezia on Feb 17, 1803. She was born b: Mar 18, 1786 and probably died in Barnwell Co., SC. See Will and Kezia Petition for Guardianship.
   
   Their children:
   Gincey Ussery
   Squire W. Ussery
   John Ussery b: Feb 3, 1807
   Mary Ussery b: Oct 1, 1808
   HOLDEN USSERY
   Lotty Ruth Ussery b: Mar 12, 1812
   Milford Ussery b: Nov 11, 1813
   Rhoda Caroline Ussery m. Marmaduke Gardner
   Dan Ussery b: May 11, 1816
   Kezia Ussery b: Apr 23, 1817
   Jemima Ussery b: Oct 2, 1818
   Thomas Jefferson Ussery
   Pleasant Ussery b: Sep 15, 1823
   O'Bannon Ussery b: Jan 21, 1826 d: Aft 1880 m. Elsey see civil war listing
   
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