Parish: not specified
Enslaved Persons Mentioned: Kate
Slaveholder: Simpson, William
Date: 1766-11-04
[Begin Transcription]
In the name of God Amen I William Simpson Chief Justice of His Majesty’s Province of Georgia in North America, being of good health and of sound and perfect mind and memory /blessed be God/ do this Fourth day of November in the seventh year of His Majesty’s Reign, and in the year of Our Lord One thousand seven hundred and sixty six, Make and Publish this my last Will & Testament, in the manner following /to wit/ Whereas my beloved wife Elizabeth Simpson immediately before our marriage reserved and had settled upon herself, by a Deed of Trust, all the fortune she was possessed of and the disposal of the same in case of her surviving me, and Whereas her bad state of health and her voyage to and continuing in England for near two years cost me a very considerable sum of money; and Whereas she the said Elizabeth Simpson hath refused to renounce her Dower in a House and a small Tract of land upon Charles Town Neck in the Province of South Carolina, late my property and sold by me to Rawlins Lowndes [word] and it being right and just that John Burnley of the said Province of South Carolina, who became my Surety in a Bond to the said Rawlins to indemnify him against any claim or recovery that may be had or made by my said Wife, by virtue of her right of Dower in the said House, Land and Premises thereunto belonging, that he the said John Burn [sic, Burnley], and the said Rawlins Lowndes, should be secured against any such claim or or recovery that may be made by her. It is therefore my Will and pleasure that the said John Burn be acquitted and discharged, or otherwise fully satisfied and indemnified of his Bail for me to the said Rawlins Lowndes; and that the said Rawlins Lowndes be also fully satisfied and secured against any such claim, by my Executors hereafter named before any part of my Estate real or personal be disposed of applyed or appropriated to or for any other purpose whatever. In consideration of this Incumberance [sic] and the large sums of money expended on account of my wife, and she being entitled to the sol [sic, sole] right and disposal of her own Fortune, which is greatly increased since our marriage, it is not in my power without doing Injustice to others to leave or give any thing more to her my said Wife, than a Negroe Girl named Kate, which I bought of Charles Stevenson late of Charles Town, which Negro Girl I do give to my said Wife, but provided my said Wife does at any time hereafter before my death or immediately thereafter renounce her Dower to the said House and Land, and to all other right of Dower whatever in such real Estate as I shall die possessed of, then and in that case I do give to her my said Wife one fourth part of the whole Estate real and personal that I shall die possessed of. Also I do give to my eldest Son James Simpson one other fourth part of the Estate real and personal that I shall die possessed of or be any way entitled to. Also in consideration that my Son John Simpson has never had any thing from me, and has been of great service to me, I give to him the said John Simpson, the other two fourth parts of all my Estate real and personal after the payment of my debts, and in case my said Wife does not Renounce her Dower as aforesaid, then the other fourth hereby given to her I give to my said two Sons James and John Simpson, to be equally divided between them.
To prevent all misunderstandings or Inconveniences that might happen from a Division of the Reversion of my Estate Real or personal as hereby directed, after the payment of my debts, it is my Will and express order to my Executors hereafter named, that the whole Estate real and personal that I shall die possessed of be sold at Public Vendue according to Law, and the Executors to this my Last Will and Testament are hereby impowered [sic] and authorized to sell dispose of, convey, and make over by proper Instruments of Writing all my lands, Houses, and Heriditaments whatever, that I now have or hereafter may have in this province or in South Carolina. Lastly, I do make and ordain my sons James and John Simpson Executors of this my Last Will and Testament. In witness whereof I have hereunto set my hand and seal the day and year above mentioned. [Signed] Wm. Simpson
Signed, Sealed, Published and Declared by the said William Simpson the Testator, as for his last Will and Testament, in the presence of us, who were present at the signing and sealing thereof.
Charles Pryce
Henry Preston
C. Pryce Jun’r.
[End Transcription]
In the attached probate of this will, Henry Preston swore he had witnessed it in the presence of Charles Pryce Senior Esquire and Charles Pryce Junior on December 21, 1768, at which time John Simpson was also qualified as an executor. James Simpson was qualified as an executor on February 22, 1769.
Source: “Wills, Colony of Georgia, RG 49-1-2, Georgia Archives”, Colonial Estate Records, held by Georgia Archives Virtual Vault; accessed online at:
https://vault.georgiaarchives.org/digital/collection/cw/id/317/rec/248