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Before he reached Kentucky, James Hooper had lived in South Carolina near Hooper's Creek on the North Fork of the Pacolet River. The area today is part of northern Spartanburg County, South Carolina just below the boundary with Polk County, North Carolina. For several years, he was a Justice of the Peace there. According to his own testimony, he was nearly killed in fighting with the nearby Indians. Both the will and his testimony were discussed in Volume 4 of the Hooper Compass.
I, James Hooper, of the County of Union and Commonwealth of Kentucky, being for some time past in a bad state of health but perfect sound mind, considering the certainty of death and the uncertainty of the time it may happen, have determined to make this my Last Will & Testament in manner and following that [is] to say:
I give and bequeath to my dearly beloved wife Betty for and during her natural life the one half of the tract of land whereon I now reside including all my improvements of every description. Also two Negro women, to wit, Rachel and Siler, together with all my stock of every description and household and kitchen furniture to use according to her will and pleasure for the purpose of her maintenance and support during her life, and at her death, I will and bequeath the said tract of land including the other half and making altogether four hundred acres to my three sons, to wit, Samuel, Demsey, and Clarendon to be equally divided among them according to quantity and quality and in a way that each will keep his iprovements.
Then, Item,
I give and bequeath unto my two sons Bailly and Enoch one Negro woman Rachel and her increase, if any, after my death to be divided between them or their heirs according to their good will and pleasure, each being entitled to half, but this bequest is not to be extended until the death of their mother Betty Hooper.
I give and bequeath unto my granddaughter Mary Hooper, daughter of my son William, decd., five dollars in addition to what I have already given to her father.
I give and bequeath unto my eldest daughter Nancy Davis in addition to what she received when married five dollars.
I give and bequeath unto my son John one Negro boy named William one bed & furniture all of which is in his possession.
I give and bequeath unto my second daughter Betsey during her natural life one Negro boy named Armstrong and at her death the said Negro Armstrong is to descend in pursuance of this will to her daughter Elvina.
I give and bequeath unto my son Samuel one bed and furniture also at the death of his mother the Negro girl Siler and her increase from and after the present time.
I give and bequeath unto my son Dempsey one bed and furniture now in his possession also one Negro boy named Alford.
I give and bequeath unto my son Clerenton one bed and furniture also one Negro boy named Henderson.
I give and bequeath unto my third daughter Ellenar one bed & furniture also one Negro boy named Warner.
Lastly it is my will and desire should it meet with their approbation of my wife that at her death all the stock of every description that she may be possessed of shall be equally divided among my following children, to wit: Baily, John, Samuel, Dempsey, Clerendon, Betsey, and Ellinar; my black smith tools to my son Enoch; and my agriculture tools of every description I give to my three sons Samuel, Dempsey, and Clerendon.
Should my wife be dissatisfied with the disposition of my stock, tools of agriculture and smith tools she shall be empowered to make any alteration she thinks [suitable?] not to include the third part of the value of the land, stock, and tools of every description to her may deem right. And the remaining two thirds to her disposition of as stated beforehand.
My just debts, if any there are, is to be paid out of my personal estate.
My funeral charges and making expenses of my administration must [be?] paid by my three sons Samuel, Dempsey, and Clarendon and the bequest to my daughter Nancy Davis of five dollars and to my Grand daughter Mary Hooper of five dollars I request my wife to pay.
I do appoint Daniel McKenry and Joseph Owen executors to my last Will and Testament and do revoke all other wills by me heretofore made the writing whereof I have hereunto set my hand and seal this 29 day of May one thousand Eight hundred and thirteen.
James Hooper Seal
Signed sealed published and delivered by the hand James Hooper in presence of us
Sam'l Slocumb
Thomas x Fletcher
Daniel Gray
Union County
This instrument of writing was produced unto Court at the February County Court 1813 and proved to be the last will and Testament of James Hooper deceased by the oaths of Thomas Fletcher a subscribing witness thereto & ordered to be certified and at the August County Court 1813 was fully proven to be the last will and testament of the said James Hooper deceased by the oaths of Samuel Slocumb & Daniel J. Grey. And ordered to be recorded.
Alt Sam Casey clk.
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This page is © 2003, 2004 by Anne Goodwin. Comments or corrections are much appreciated. (The volume of email prohibits personal replies for all but a small number of messages received.)
modified 21 October 2004