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Will of James Oliver 1799 Abbeville Dist, SC

Will of James Oliver 1799 Abbeville Dist, SC

Posted: 1241054588000
Classification: Will
Surnames: Strickland, Oliver
The following will was found by Linda Oliver and transcribed by Sheila Schmutz.

James Oliver Will written 19 June 1799, probated 4 March 1803
In Box 71, Pkg 1745 Abbeville District Probate, SC

In the name of God Amen.
I James Oliver being Weak in body but of Perfect mind and Memory Beloved be god do make this my last Will and Testament In manner and form following. That is to say first I recommend my Soul to god who gave it relying on his mercy through Jesus Christ, my body to be decently buried at the direction of my Executors not doubting its Resurrection at the last day.
2nd It is my will that all my Just Debts be paid out of my Est.
3rd It is my will that my Beloved Wife as Long as she continues a Widow and head of my family shall live & be sole Proprietor & according to the direction of the Executors my Wife Af….. and the same together with all the Stock & other property I Shall die possessed of. Until my Youngest Surviving Child be of Age.
4th It is my Will that all my Negroes Tom, Luck & Tom being continue as they now are & be at the direction of my Wife Until my Youngest Surviving Child be of Age According to Law.
5th I is my Will that Each of my Daughters Mary, Margaret & that may be born to me have Thirty pounds Sterling with a Horse & Saddle Worth Twenty Pounds also a Bed & furniture & other furniture at the discretion of my Wife My Eldest Daughter Mothers Rug I leave to her.
6 It is my Will that my Daughters portions be paid them out of my sons Shares Equally When the Girls are of Age.
7 I give & Bequeath to my Sons James, John, William, Thomas, Alexander, Andrew and Samuel and Other that may be born to me all that Tract or Tracts of Land whereon I Now Live Containing between four & five hundred acres. With the Mills all to Under the Direction &in the Possession of my Wife until the Youngest Surviving Child Come of Age or She Continue A Widow. Then the Property to be put to Sale Either Publick or private at the direction of my Executors.
8th It is my Will that my Executors sell such Part or Parts of the perishable property as ?
shall require they consulting my Wife on all Such Occassions.
9th In case my Widow should Marry then & in that Case the Executors to sell such part or parts of the Personal Estate as they shall think proper & the Money arising therefrom to be put to Interest for the Use of the Children Under Age & that the Mills be kept in good Order for the Support of Interest of my Heirs.
10th Finally it is my Will that my Dearly Beloved Wife Mary & my Trusted friends Mr. Hugh Macklin son of David & William Woods Execute this my Last Will and Testament. In Witness whereof I hereunto set my hand & Seal this Nineteenth Day of June one Thousand seven hundred & ninety nine & in the Independence of America the Twenty Second.
James Oliver (seal)
William Curry?
Anthony Mm Elton

State of South Carolina
By Andrew Hamilton Ordinary
To Robert Smith James Indeson? Jeremiah Robinson Anthony Mm Elton William Walker To such by Greeting –These and to authorize you or any three of you to pass to all and ? as shall be Directed unto by Mary Oliver Extr and Hugh Macklin Executor of the good and chattels of James Oliver deceased whosoever any of the goods and Chattels of the said deceased are within ?? and which shall be shown unto you by the said Mary Oliver and Hugh Macklin and these disc and appraised the same being forsworn to make a true and ? Inventory and Appraisal for thereof and between the law certified under the hands of any three of you unto the said Mary Oliver and Hugh Macklin within sixty days from the date here given under my hand this 4th day of March 1803.
A. Hamilton O&D

Note that the appraisement and inventory was conducted by Jeremiah Robinson, William Walker, Anthony Malcolm Elton on 11 March 1803.
This included carpenter tools, a few horses, saddles, chairs, furniture, books, etc.
Also named were two Negro men Toney & Tom, and a woman Suky
The total value was $1864.25

There is a list of names they found in the books of James Oliver that covers almost 3 pages.
There is a list of money seemingly paid to people amounting to $351.04
There is a list of items sold to various persons dated 1 March 1805 (4 pages long).
Including several items sold to Mary Strickland [likely the daughter Mary Oliver who was by then Mrs. Nathan Strickland]
Other items to people such as:
Robert Smith
John Pickens
Thomas Scott
Robert Gordon
Charles Parker
Robert Black
George Baird
Jeremiah Robinson
William Davis
John Oliver [likely the son]

Paid out on March 2, 1805
John C. Oliver part of his legacy
Saml McElvency for his Wife’s legacy in full
William Oliver part of his legacy
John C Oliver as Guardian for Thos & Alex & Andrew Oliver
Nathan M. Strickland as the Guardian of Saml Jane & Robt Oliver
John C Oliver as Attorney for James Oliver

On another page:
The Estate of Jas Oliver to Nathan M. Strickland & Mary his Wife Exors.
1805 Clothing & boarding Thomas Oliver 1 year
1806 “ Alexander Oliver 1 year
1807 Samuel Oliver Minor to Nathan Strickland His guardian
1807 Can’t read which Oliver to Nathan Strickland His guardian
1807 Robert P. Oliver Minor to N. Strickland His guardian

The last entry seems to be dated 5 Oct 1812 in Abbeville District, South Carolina signed by Hugh Macklin Ex and then Talo Livingston O & D. It is the “final account of receipts and expenditures”.

Re: Will of James Oliver 1799 Abbeville Dist, SC

Posted: 1241104848000
Classification: Query
Surnames: Oliver
Thank you, Sheila for posting this will. There are many indictions that this John Oliver could be my third great grandfather. My great grandfather, William Oiver was born in SC about 1799, his brother James was born in KY about 1804. Both of them and a John Oliver were in Madion Co., TN by 1830. John died in 1834, old enough to be the father of James and William, and named John and James as executors. John's 8 children were not named in the will, but there seems a strong probability James and John were his sons. My theory is that John, the son of James and Mary, could well be the father of my William and his brother James. The names William, James, John, Samuel and Thomas are repeated in their children.

If anyone has information on these lines, I would like to hear from you.

Re: Will of James Oliver 1799 Abbeville Dist, SC

Posted: 1241106186000
Classification: Query
This is my family. This is the will of James Oliver, my gggg-gf. His son, John C. Oliver, mentioned was my ggg-gf. I have a good bit of information on him. He was born, lived and died in the Abbeville, SC area. In later years, he became senile or lost his mind and was committed. His will left most everything to his oldest, unmarried son, Elijah; also of Abbeville, SC. The other children (some of whom had moved off to GA or MS) contested his will, but Elijah died before it could be resolved. Let me know if you need any further information on this family. I am willing to share what I have.
Phyllis (Oliver) Abbott
Acworth, GA

Re: Will of James Oliver 1799 Abbeville Dist, SC

Posted: 1241111332000
Classification: Query
Can anyone tie this family to Samuel Oliver born 1794 in S.C., married Polly McMahan in Christian county KY in 1814.

Re: Will of James Oliver 1799 Abbeville Dist, SC

Posted: 1241135378000
Classification: Query
Phyllis, Thanks for your reply. It tells me that James' son John was not the father of my great-grandfather, William. Most of what I know about William is on the 1850 census, which is where I learned he was born in SC. I did know they came here from Kentucky.

Re: Will of James Oliver 1799 Abbeville Dist, SC

Posted: 1241141028000
Classification: Query
I do not have a son William for this John C. Oliver. I do, however, have a son Wiliam for John's father, James. That William was b. 20 Dec 1781 in SC and died in AR. So, I'm pretty sure that this is not your William Oliver.

Good luck, though, in your search.


Re: Will of James Oliver 1799 Abbeville Dist, SC

Posted: 1302914250000
Classification: Query
I'm looking for any info on Eleanor McElvaney. All I know is that she was born 5 Mar 1759 in SC, married in 1791 (I believe in Abbeville, SC) to Anthony Malcolm Elton (mentioned in the will), and that they both moved to Jackson County, GA. She died in 1809. Looking up marriages in Abbeville SC online, I saw a marriage between Samuel McElvaney to Elizabeth Oliver. Any info on if they are related, and any, any other info at all??? It would be greatly appreciated. Thanks for posting the will!!

Re: Will of James Oliver 1799 Abbeville Dist, SC

Posted: 1302989041000
Classification: Query
Thanks to Linda Oliver for mailing that will to me for transcription! Those will are so valuable.

Your query on the board reminded me about Abbeville, SC. Recently a descendant of a John C Oliver born 1786 in Va who supposedly married Sarah Harris in 1816 in Abbeville SC before moving to Alabama was DNA tested with FTDNA. (see He does not match any other Oliver tested thus far, so represents a new line. His sons are different than those named in the will of James Oliver.

This presents the interesting dilemma of 2 John C. Oliver in Abbeville, SC for a time!!
Likely not even related.


Re: Will of James Oliver 1799 Abbeville Dist, SC

Posted: 1316652966000
Classification: Query
I hope that I read your post correctly. Do you have a copy of John C Oliver born in 1786 VA? I believe that my ancestory was mentioned in his will. His name would be Lewis. I thank you in advance

Re: Will of James Oliver 1799 Abbeville Dist, SC

Posted: 1316656582000
Classification: Query
Note that the will mentioned in this thread relates to James Oliver 1799, Abbeville Dist, SC.

Please email me privately for this and your questions re Florence McCarty Oliver. Some things are not easy to explain on the message board.
Volunteer Administrator of the Oliver Y DNA project at FTDNA
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