THE WILL OF GENERAL SAMUEL MAYS

Recorded in the Office of the Judge of Probate, Edgefield, SC. Copied by Mrs. Agatha Abney Woodson, June 1927.

In the name of God, amen, I, Samuel Mays of this District and State, aforesaid, being weak in body but of sound mind and memory and understanding, calling to mind that it is appointed of all men once to die, do make this, my last will and testament in manner and form following, that is to say:

First I give bequeath to my beloved wife, Nancy Mays, eight negroes, viz, Glasco, Tom Hannah, Abram and his wife Alley, Jack, Willt, and also her riding chair and harness, the seventh part of all my horses, mules, cattle, hogs, and sheep, and plantation tools, and the fifth part of all my household and kitchen furniture, to her and her heirs and assigns forever.

Second-I lend to my wife, Nancy Mays, during her natural life and no longer, the use of my plantation wheron I now live, that is to say, beginning at the mouth of the Half Way Swamp Creek, thence up the Saluda River, to a sassafras 3 x, the corner between my land and William Coleman's, thence on Coleman's line to the Still House branch, up the said branch to where the old road crosses that formerly went through Coleman's field, thence along the road to the lower Wagon ford on Half Way Swamp Creek, thence down the meanders of said creek to the mouth and beginning afore mentioned.

Third-I give and bequeath to my son William Anderson Mays the plantation whereon Thomas Anderson now lives, containing -------bounded south by John Anderson, de'cd land, west by Samuel Wardleworthy's land, north and west by the Saluda River as appears by a deed and plat thereunto annexed from said Anderson to me, bearing date --- --- day---- in the year of our lord, one thousand eight hundred and-----.

Fourth-I give to my sons James Butler Mays and Rhydon Grigsby Mays all my tracts of land in Newberry District, known by the name of Exeter, containing by re-survey, one thousand acres, bounded by the estate of Bud Caldwell, James Hill, Widow Dixon, John Grigsby, Estate of ? Maxwell Neck Tract, and Saluda River, to be equally divided between them by executors. Fifth-When they attain the age of twenty-one years I give to my three sons, Samuel Warren Mayes, Thomas Sumter Mays and Richard Johnson Mays, my tract of land in Newberry District, containing one thousand, three hundred and seventy-three acres, known by the name of Maxwell Neck Tract, bounded by the estate of Elshia Brooks, George Adams' my executor's tract of land, and Saluda River, to be equally divided by my executors, between then, giving to each sufficient quantity of land near a good spring for a settlement, with equal right to said spring, as each of them may come to the age of twenty-one years.

Sixth-I give to my son Dannett Hill, and my daughter Caroline Elizabeth Mays, the tract of land wheron I now live, containing upwards of two thousand acres of land, reserving to my beloved wife Nancy Mays, the part loaned to her in item second, during her natural life, which said two thousand acres is bounded as follows: Beginning on Saluda River at a sassafras 3 x, the corner between my land and Colman's land, to the Still House Branch, thence up said branch and along Coleman's line to John Hardy's, thence along Hardy's to the estate of James Wilson, thence on the estate of Stephen Whiteley, thence on Wilson Mayes, thence on the estate of Dannett Hill, thence on the estate of William Mays, thence on Tabitha Deen's land, thence on the estate of Lethe McMahan, thence on Tabitha Deen's, thence on Hazel Culbreath's, thence on William Scurrey's to Saluda River, thence up Saluda River to the beginning of a sassafras 3 x. One other tract of land on South Edisto River known by the name of the Shoal Tract, containing by the old plat two hundred and fifty-eight acres, joining Lew and Goggins and others; two tracts joining James O'Hannon, William Powers, William and John Green, Mathew Baker, and others, containing about one hundred and seventy acres each; one tract in Abbeville District near Rocky Creek, containing by old grant, seventy-two acres, but by a resurvey upwards of two hundred, joining Francis Irwin and others; two hundred acres joining Col. Brooks, Riley, Samuel Abney and others. to be equally divided between them as they are at the age of twenty-one years.

Seventh -- I give to my sons, William Anderson Mays, James Butler Mays, Rhydon Grigsby Mays, Samuel Warren Mays, Thomas Sumter Mays, Richard Johnson May, and Dannett Hill Mays, and my daughter, Caroline Elizabeth Mays, Fifty-five negroes as follows: Big Jane, Frank, Little Bob, Toombs, Isaac, Moses, Amos, George, Teak, Med, Daniel, Wilson, Allen, Little Jane, Dick Phill, Fan and her child Sam Filly, Alston, Albert Old Jude, Siley, Pry, Big Bob, Silvy, Ralph, Adam, Pollo, Kitty, Hampton, Hal, Pat, Seally, and her child Zeelph, Little Jude, Armistead, Sara, and Caesar, Toney, Joe, Cato, Polly, Nan, Chancy, Jim, Peter, Sod, Little Abram, Steph, Eliza Phoebe, Boze and her two children, Ned and Sara, and their future increase; six- sevents of all of my horses, mules, cattle, hogs and sheep, and plantation tools and four-fifths of all my household furniture, three wagons and gear, and all my books, to be equally divided between them by my executors, as each of them may attain to the age of twenty-one years.

Eighth -- It is my express will that should any of my children die before they arrive at the age of twenty-one or afterwards without leaving widow, husband or child, that in such case all the property that they may be possessed of at their death of any kind that I have herein given shall return back to my executors and be considered part of my estate, and by my executors divided among my sons and daughter, and in case any of my children should die and leave child of children, such child of children shall take among them the part of their parents would be entitled to of such brother of sister that died without leaving widow or child.

Ninth -- It is my will that in such case my wife should marry again, that my executors do take all the negroes, horses, mules, cattle, sheep, wagons, plantation tools that I have willed to my children that may remain undivided and put them to work on my two plantations in Newberry District to support and educate my children, and in case there is more stock than may be wanted for the use of the said plantations my executors are to sell the same and the amount be apporoprated together with what is made on said plantations and the debts owing me towards paying my debts, and the over plus if any put out to interest for the equal benefit of all my children. It is further my will that my executors do give all my children a good education and that they will pay particular attention to have them raised in a decent and moral and religious manner; and lastly, I do appoint hereby my trusty friends, Major William Moon, Captain Elihu Creswell, Wesley Brooks and John Lipscomb, and my three sons, William Mays, James B. Mays and Rhydon Grigsby Mays, as they may attain to the age of twenty-one years, executors of this my last will and testament, hereby revoking all former by me made at any time heretofore, In witness whereof I have unto set my seal, this the tenth day of July in the year of our Lord, one thousand eight hundred and thirteen and in the thirty-eighth year of the independence of the United States of America.

SAMUEL MAYS,(Seal) Signed and sealed and published and declared by the above-named Samuel Mays that the annexed two sheets do contain and is his last will and testament in the presence of us who at his request and in his presence have subscribed our names in the presence of each other as witnesses hereto: William Grissam, William Mays, Thomas Anderson, Proved by the oath of Thomas Anderson on the 2nd day of 1816, also by the oath of William Mays on the 30th inst. Nancy Mays, qualified as administrater with the will annexed, the fifth of June, 1816. Didimus granted to Thomas Anderson. John Simpdins, O.E.D. Codicil to Samuel Mays; Will Note-- For reasons not known, this codicil was not filed until the first day of March, 1824. The original will is recorded Page 57, Book B, the probate of which is dated March 28, 1816. -Remark by the recorder. State of South Carolina, Edgefield District:

Whereas, I, Samuel Mays of the District of Edgefield and State of South Carolina, have made and duly executed my last will and testament in writing, bearing date, the tenth day of July in the year of our Lord 1813, and whereas, my friend Thomas Anderson has been unsuccessful in some of his undertakings in consequence of which three tracts of land belonging to said Anderson have been sold by the Sheriff of Edgefield District and I became the purchaser thereof at what I consider a low price, and in consequence of that particular friendship which did exist between old Captain Anderson in his life time and myself which has on frequent occasions (which is well known to a number of the citizens of this district) been of considerable advantage to me, and as there still exists the same friendship between his family and mine, I cannot help but conceiving myself more bound to assist than to take advantage of their misfortunes to advance my own, for which reasons and no other whatever, I do hereby give and freely bequeath in trust to Thomas Anderson and Doctor James Spanne in trust for the children of Thomas Anderson that he now has, viz: William, Eliza, Anne, John and Thomas, and those he may hereafter have, all that plantation or tract of land situate in the district of Edgefield at the mouth of and at both sides of Wilson's Creek. and containing as appears by a plat and mortgage, land given to me as executor of "William Mays, under which it was sold when I became the purchaser, nine hundred and forty acres--(Note--This William Mays was the brother of Samuel Mays so stated in William's will the son of Dorcas Abney Mays Hill. The land was on the west side of the northwest side of Edgefield, in what is now Greenwood Co. I think--A.A.W)--on which Thomas Anderson has built a set of mills, and is bounded northward by lands belonging to the estates Bearly and Anderson land, eastwardly by the Saluda River, Southwardly by lands of George Coleman, and Lowe, westwardly by lands of Hardy D. Ross. and Farquahar, as will more fully appear by referring to the before- mentioned plats. Now as my intention is in giving the mill tract as it is called to the said Thomas Anderson and Dr. James Spanne in trust for the equal benefit of all the children the said Thomas Anderson had or may hereafter have, is this--that the said children may be raised and educated as well as the profits of said land and mills will admit of, and it is my express will that the said mill tract containing nine hundred and forty acres as before mentioned upon my decease shall immediately be given up by my executors to the said Thomas Anderson and Dr. James Spanne in trust and as trustees for the children Thomas Anderson now has, which are William, Eliza, Anne, John and Thomas M., and those he may hereafter have, and it is further my express will that the said land shall remain in the full and complete possession of the said Thomas Anderson and Dr. James Spanne, trustees for said children, until the youngest of them, the said Thomas, now has or may have shall arrive at the age of twenty-one years and the profits of said land shall be appropraited toward raising and schooling of said children until they shall respectively arrive at the age of twenty-one years, after which they are to receive no more of the profits of the same until the youngest child as before mentioned shall arrive at the age of twenty-one years, at which time it is my will that the said tract of land shall be equally divided among them all in the most equitable and best way it can be done. And as my principle object in giving this land to William, Eliza, Anne, and John and Thomas M., and any other children the said Thomas Anderson may have as heretofore mentioned, is to raise and educate them, it is my will and .......(torn off) that the said Thomas Anderson and Dr. James Spanne in trust and as trustees are hereby authorized in case they should think it best to dispose of said land and convey the same upon the purchase money being paid and appropriate the money in the same way as the profits are directed to be and the balance of the tract disposed of at the time and in the way as the whole is above directed to be. And I do ordain and declare this present writing to be a codicil to my said will, and that the same shall be annexed thereto, and be taken as part thereof and do conform my said will in every particular thereof. In witness thereof I have to this codicil set my hand and seal this the seventeenth day of December in the year of our Lord 1813. Signed, sealed, declared and published by the said Samuel Mayes as and for a codicil to be annexed to his last will and testament and to be taken as part thereof in the presence of us. M.W. Moore, James G. Hill, Sally Moore.

Samuel Mayes. (Seal)

Inscription on Samuel Mays' Tombstone:

"Sacred to the memory of General Samuel Mays who was born 23rd of July, 1762, and departed this unsullied life on the 25th of January, 1816. He was a man of frugal habits, of presevering industry, of incorruptible integrity. The events of his life formed an interesting commentary upon the formation of our free institutions. Without any advantages of birth of fortune, he acquired a reputable independence, and enjoyed for many years the honor of a seat as a member for this district in the seat of the Senate of this state. "The born justice of his heart and the kindness of his manners deservedly endeared him to his surviving wife and children who have caused this monument to be erected."