Will

Recorded in York Co., South Carolina dated 3 Oct 1866 probated 6 Dec 1867

South Carolina York District

I, John N. Whisonant, being of sound and disposing mind and memory, do for the purpose of disposing of all my worldly estate do make, publish and declare the following my last will and Testament in manner and form as follows. Namely.

1. I direct, that as soon after my death as may be convenient, my Executors as may be convenient, shall collect all debts that may be due me and pay all just debts I may owe.

2. I will and bequeth to my beloved wife, Susannah Whisonant, during her natural life the two East Rooms in my dwelling House & the east fireplace, my smoke or meat House, as also one of my negro houses or kitchens which ever she may select, and I will & bequeth to my wife Susannah, out of the annual produce of my plantation on which I now reside, containing five hundred and forty-four acres, more or less, lying on both sides of King's Creek, annually on the first day of December of each year twenty-five bushels of good corn, ten bushels of good wheat, the right to cultivate & take the produce of one third part of my garden, and her fire wood from said plantation and I will and bequeth to my wife, to be disposed of as she may see proper, by will or otherwise, at her death the following articles of personal property, namely, two good Bedsteads, beds and beding, complete with a full change of beding to each bed, six siting chairs, my sideboard, and smaller cupboard, one wash pot, one table, and such cooking pots and cooking utensils as, she may select, and table furniture, such as knives, forks, spoons, cups & saucers, as she may select, also one spining wheel and pair of cards, & such, and forty dollars in cash annually from my said plantation, and four hundred pounds of good salt pork annually, during her natural life and the following to be disposed of as she may think proper, one of my clocks, and two milk cows of her selection and my buggy & buggy harness.

3. I will and bequeth to my youngest son, Thomas Perry Whisonant, at my death, to him and his miss for ever, all my plantation on which I reside now, know as the home tract, containing five hundred & forty- four acres, more or less, lying on both sides of King's Creek and Wilkensons branch water of broad River, in York District bounded on the north & west by lands of the King's Mountain Iron Company, and on the east by land of Alexander Henry, and on the south by lands of John White, and has such meets and boundiries as will more fully appear by reference to a platt made by A. Hardin D.S. dated 27th July 1839 - to which reference is now made, but my son Thomas Perry Whisonant shall as a condition of this bequeth, pay annually to my wife Susannah, during her natural life, on the first day of December of each year twenty five bushels of good corn, ten bushels of good wheat, and forty dollars in cash, do all the milling she may require, and supply her with all the firewood & cut & put it on her fire she may require.

4. I will and bequeth, that my Executors herein after appointed, shall sell, at public auction or at private sale, and on such terms, as they may think best for the interest of my estate all my real estate and land, together with all my personal property, not herein bequethed, to my wife Susannah and to my son Thomas Perry Whisonant, and out of the proceeds of such sales, shall give to my grandson, the son of my daughter Adraline, deceased, John Calvin Garyton, five hundred dollars in cash, and divide equally, the balance of said sales (after paying my debts) all the cash thereof between my children, Calvin Whisonant, William Whisonant, and Jane Priscilla Borders, wife of Henderson Borders, share and share alike, as my son Henry Whisonant, now deceased, and my daughter, Lydia, Sandlin have received their full share of my estate.

5. I will & direct that no advancements made by me during my life time, shall be estimated against any of my children.

6. I do hereby constitute and appoint my son, Calvin Whisonant, and my son-in-law Henderson Borders, the Executors of this my last will and Testament, with full power and authority to execute the same and to make good and sufficient titles to any property both real & personal they may sell under this will.

Witness my hand and seal this third day of October A.D. 1866.

John N. Whisonant

Signed, sealed, and acknowledged in presence of

Wm. G. Black, Thomas McGill, W. J. McGill

South Carolina York District

Personally appeared before me W. J. McGill and made oath that John N. Whisonant signed sealed & acknowledged the within instrument of writing as his last will & testament, in his presence & in the presence of
W. G. Black & Thos McGill
and that they in the presence of each other & of said John N. Whisonant subscribing their names as witnesses thereto, and that said John N. Whisonant was then of sound & disposing mind & memory

Sworn to & subscribed W. J. McGill
Before me Dec. 6th 1867

F. C. Harris
AJO

Admitted to Probate in common form, & at the same time qualified Calvin Whisenant & Henderson Borders Executors. Dec. 6th 1867 F. C. Harris A.J.O.
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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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Copy of Land Grant Document

The State of Texas
County of Collin

To all whom it may concern:

BE IT KNOWN that on the Sixth of April, 1850, came Robert C. Whisenant and claimed 640 acres of land as a settler, in the colony granted to Peters and others, and took and subscribed to the following oath viz:

I, Robert C. Whisenant, a married man, do solemnly swear that I emigrated to Texas and entered the Colony which was granted to Peters and others and that I have stayed and remained a settler in said Colony and have performed all the duties required of me as a good citizen and that I have never heretofore received land from the government of Coahula and Texas nor of the Republic or State of Texas as an emigrant or colonist, so help me God.

Signed: R. C. Whisenant

The facts set forth in the foregoing affidavit are fully corroborated by testimony of the persons who hereunder sign their names. The land claimed by the aforesaid colonist has been surveyed by the colony Contractors but cannot be herein designated, there being no map or field notes in possession of this Commissioner.

Therefore the said Whisenant is entitled to have his land surveyed by the county or district surveyor, conditioned that this claim shall not be trans.....(end of page)

Inventory and appraisement of the property of Robert C. Whisenant dec'd.

'Community Property'

640 acres land - (six hundred forty, 3 $ per acre - $1920.00

80 acres land - (eighty, 3 $ per acre - $240.00

Separate Property

One black mare and colt - ten yrs old - 80.00
One blk horse colt - 2 yrs old - 35.00
One yellow horse colt - 3 yrs old - 50.00
One sorrel mare and colt - 7 yrs old - 100.00
One bay yearling horse colt - 25.00
One sorrel bald face mare - 11 yrs old - 75.00
One yearling filly - out of bald face mare 35.00
One paint mare - 5 yrs old - 100.00
One paint mare - 9 yrs old - 40.00
One sorrel filly - 2 yrs old - 55.00
One sorrel filly - 2 yrs old - hipped - 35.00
One sorrel 2 yrs old horse colt - 40.00
One bay horse - 4 yrs old - 70.00
One bay filly - 3 yrs old - 70.00
One grey filly - 3 yrs old - 70.00
One steer - 14 yrs old - 10.00
four cows & calves - 40.00
One rifle gun - 7.00
One ring & steeple, chain - two hoes, one axe, two hammers 7.00
two tables, one bed stead, one chest, two chairs $5.00
two beds, two coverlids, one counterpane $20.00
two pots - 1.00

We the undersigned appraisers appointed by the chief justice of Collin County. Certify on oath that the foregoing appraisement has been well and truly made by us.

Sworn to and subscribed before me this the 27th day of November A.D. 1865

F J Vaner, J.P.C.C. S. Cobbes
G. W. Ford
J. M. McKinney

List of claims, in favor of the est. of R. C. Whisenant dec'd. One note, signed R. R. Tucker, payable on or before the 1st. day of May 1858 - for one thousand dollars - credited by fifty dollars prior to said notes maturity - $950.00. One note against T. R. Bowen (seventy eight) 78.00 due in 1861.

I certify that the above and foregoing list and inventory, is a full and complete inventory and list of the property and claims of R. C. Whisenant deceased - that has come to my knowledge.

Hugh Whisenant, adm. of R. C. Whisenant - dec'd.

Sworn to and subscribed before me, this the 27th. day of November A.D. 1865.

F. J. Vaner, J. P. C. C.
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Nicholas and his family left their place near King's Mountain, South Carolina, and moved near Atlanta, Georgia where they lived some five years. They then moved on to Oxford, Mississippi where they lived until November 1859. From there they crossed the Mississippi river at Memphis, and moved on into Arkansas. Some members of the family had gone earlier to obtained land to settle on. The homestead is currently known as the Mrs. place, at Pangburn Landing. The trip was hard and it rained so much that season that they had to travel through high water. The trip was a muddy journey. The finally arrived, and ate their first meal at the homestead on January 1, 1860. (Rumor has it that two of Nicholas' boys deserted a wife and children when the family moved to Arkansas.) Nicholas died of pneumonia.