Will

Camp of the Fifth (5th) Regiment South Carolina Volunteers. Near Morristown, Tennessee, January 26th 1864.

The last Will and Testament of Sergeant Rufus H. Whisenant, of York District in the State of South Carolina, now a member of Company 'G' in the Fifth (5th) Regiment of South Carolina Volunteers.

In the name of God! - Amen!
Know all men by these presents, that I,
Rufus H. Whisenant of York District in the State of South Carolina, being in the full and complete possession and exercise of all my intellectual and reasoning faculties, and mindful of the uncertainty of human life at all times, and more especially in such a period as the present and under such circumstances as those by which, as a Soldier in Confederate service, I am now surrounded, wishing to dispose by will of such worldly property and effects as it has pleased God to allow me to accumulate, do hereby make, announce, ordain, publish and declare the following writing, contained on this and the two succeeding pages of paper, to be and contain my last and will testament. I give, devise and bequeath my entire estate, real and personal, of any and every kind, character and description whatsoever, to my beloved wife Mary Levinia Whisenant, for and during the term of her natural life or widowhood - in trust however, and upon the condition that she use it for the support and maintenance of herself and my three children - Caroline Eldora Whisenant, Zachariah Peter Whisenant and Albutirn Steve Whisenant - and for the education of my said children: and after the death of my said wife to be equally divided share and share alike among my said three children - and if any of my said children should be dead, leaving issue of their bodies, at the death of my said wife, then the issue of such child, so dead, will take the share that the parent would have taken if living -

But if my said wife should marry again, then, upon such marriage, I direct that my entire estate aforesaid be equally divided share and share alike between my said wife and my said three children, the issue of a deceased child taking the share its parent would take if living - If however, upon the marriage of my said wife, any one of my said three children should be dead, leaving no issue - in that event I direct that the share of such deceased child be equally divided among my said surviving children share and share alike -

I desire that my wife and children will so manage that the proceeds of said estate may suffice to support and maintain them all, and to educate the children, without selling or disposing of any part or portion thereof -

I hereby nominate and appoint my friend Doctor Lawson Alexander Hill, of York District South Carolina, the Executor of this my last and Testament -

In witness whereof I have hereinto subscribed by name and affixed my seal at Camp of the Fifth (5th) Regiment South Carolina Volunteers near Morristown in the State of Tennessee, on this the twenty sixth (26th) day of January in the year of our Lord one thousand eight hundred and sixty four (AD 1864) in the presence of the three subscribing witnesses whose names appear hereto annexed -

R. H. Whisenant

Signed, sealed, published and declared as and for his last will and testament, by the Testator
Rufus H Whisenant, in our presence - we are entirely satisfied, after examination and inquiry that the said Testator is in full possession of his mental faculties & perfectly competent to the exe- cution of his will - and we have signed our names hereto as witnesses at the request of testator in his presence and in the pres- ence of each other.

H J Allison
J H Witherspoon Jr
Wm A Jefferys

I, G A Brown Ordinary of York District, certify, that the foregoing is a true copy of a paper on file in my office, purporting to be the last Will and Testament of Rufus H Whisenant deceased.

Given under my hand and seal of office at York Court House, the 28th day of October 1864.

G. A. Brown O.Y.D.

York

Certified copy of a paper on file in my office purporting to be the last Will and Testament of Rufus H Whisenant decd

G A Brown O.Y.D.

Fee $1.70
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