Jeremiah Leake – 1851

Will of Jeremiah Leake
Laurens District, South Carolina
Written 4 July 1851 · Proved 4 March 1853


At a Glance

  • Who: Jeremiah Leake of Laurens District, a planter with land on Bush River. He was my 5th great-grandfather. He is buried in the Holland–Leak–Adair Burying Ground in Clinton, SC.
  • Written: 4 July 1851. He signed with his mark.
  • Proved: 4 March 1853, before W. D. Watts, Ordinary. Recorded in Will Book A, page 189 (Estate Bundle 120, Package 8).
  • Executor: his son Jeremiah, with his son William J. as alternate. In 1856 “J. F. Leak” added a note declining to serve as trustee.
  • Witnesses: H. C. Young, B. R. Campbell, Wm Mills Jr.
  • Heirs: his wife Jane; sons Jeremiah and William J.; daughters Margaret L. Bonds, Rachel B., Lucinda B., Jane Emeline and Isabella P. Leake; and his granddaughter Jane Emeline Bonds.
  • Enslaved people named: forty. See the table below.

On This Page


The Will

Editor’s note: Transcribed from the typescript in the South Carolina Will Transcripts. The original spelling is kept. The typescript is hard to read at “Lindy” in the Second clause; the name is confirmed by the Tenth.

In the name of God Amen

I Jeremiah Leake of the District of Laurens and State of South Carolina being of sound and disposing mind and memory, calling to mind the uncertainty of life and being desirous to dispose of such worldly Estate as it hath pleased God to bless me with, do make, constitute and ordain this my last Will and Testament in manner and form following, that is to say

First — It is my will and desire that all my just debts, funeral Expenses, and the Expenses of my last Illness be paid as soon after my death as practicable

Second — I give and bequeath to my beloved Wife Jane Leake, during her natural life the following property, to wit, One half of the tract of land whereon I now live, and one half of my tract of land on Bush River, and my negroes John, Pompy, Milton, Wesly, Moses, Lindy, Nancy, Marten, and Samuel, and their future increase, and I also give to her absolutely, to be disposed of as she pleases my slaves Winny and Adeline and their future increase

Third — I have given to my daughter Margaret L Bonds, five negroes, to wit, Matilda, Caroline, Marthena, Madison, and Cicily, which I confirm by this my last will

Fourth — I give to my son Jeremiah Leake, in trust for the use of my daughter Rachel B Leake during her natural life the following slaves to wit — Anna, Lucretia, Henry, Bedford and Betty, with their future increase, and at her death to such child and children as she may leave Surviving her, but should my said daughter die leaving no child or children, then the said negroes and their increase are to be Equally devided amongst her brothers and Sisters of the whole blood

Fifth — I give to my son Jeremiah Leake in trust for the use and benefit of my daughter Lucinda B Leake during her natural life, the following slaves to wit, Randel, Tabetha, Loicy, Elliott, Martha and Louisa with their future increase, and at her death to such child or children as she may leave surviving her, but should my said daughter die leaving no child or children surviving her, the aforesaid negroes and their increase are to be Equally divided amongst her Brothers and Sisters of the whole blood

Sixth — I give to my son Jeremiah Leake, in trust for the use and benefit of my daughter Jane Emeline Leake during her natural life the following Slaves, to wit, Polly, Elizabeth, Calvin and Wyatt with their future increase, and at her death to such child or children as she may leave surviving her, but should my said daughter die without leaving a child or children, the aforesaid slaves are to be Equally divided amongst her Brothers and Sisters of the whole blood

Seventh — I give to my son Jeremiah Leake in trust for the use and benefit of my daughter Isabella P Leake during her natural life the following Slaves, to wit, Dinah, Catherine, Louisa and Amanda, and their future increase and at her death to such child or children as she may leave surviving her, but if my said daughter Should die leaving no child or children, the aforesaid Slaves with their increase shall be Equally divided amongst her Brothers and Sisters of the whole blood

Eighth — I give to my son Jeremiah Leake one half of my plantation and tract of land on Bush River adjoining lands of Mason Young, Hickerson Banksdale and others and the following slaves, to wit, Jacob, Jane and Lucretia with their future increase, but should my said son die, leaving no child or children surviving him, the aforesaid property with the increase of the Slaves, to be Equally divided amongst his Brothers and Sisters of the whole blood

Ninth — I give to my son William J Leake onehalf of the tract of land on which I now live adjoining lands of Dr Young, James Hipps, Andrew Stoddard and others and the following Slaves to wit Gideon and Hester and the future increase of the Slaves, but should my said son die leaving no child or children surviving him the aforesaid property with the increase of the slaves is to be Equally divided amongst his Brothers and Sisters of the whole Blood

Tenth — At the death of my Wife I give and bequeath to my son Jeremiah Leake the Remaining half of my tract of land on Bush River — To my son William J Leake the Remaining half of the tract of land whereon I now live and the slave Milton to my daughter Rachel B Leake the Slave Mose, to my daughter Lucinda B Leake the Slave Pompy, to my daughter Jane Emeline Leake the slave John and to my daughter Isabella P. Leake the slave Lindy, to be held subject to the same Trusts and Limitations herein before provided as to the property given to them respectively

Eleventh — I give and bequeath to my Wife Jane Leake during her natural life all the balance of my Estate of Every description not herein before disposed of

Twelfth — After the death of my Wife It is my will that my Executors hereinafter named, do raise from that portion of my Estate given to her for life, exclusive of the land negroes, the sum of one thousand dollars which is to be placed by them at interest as an accumulating fund untill the income shall amount to three hundred dollars, which sum of three hundred dollars I give to my grand daughter Jane Emeline Bonds, and the principal sum of one thousand dollars is to be held by my Executors for the sole and Separate use of my daughter Margarett L Bonds during her natural life and at her death to be Equally divided amongst her Children, and if she should leave no child or children, the same is to be Equally divided amongst her Brothers and Sisters of the whole blood and should my said grand daughter Jane Emeline Bonds die leaving no child or children then the fund above given to her shall be Equally divided amongst my children by my present wife

Thirteenth — After the death of my Wife all the balance of the negroes herein given to her for life is to be Equally divided amongst her four youngest daughters

Fourteenth — It is my Will and desire that in all cases where property is limited by this my will to my children for life, with remainder of their children and in the Event of their leaving no child or children surviving them then to the Brothers and Sisters — that, the grand children of a deceased child of any one of my children shall represent their parent and be entitled to whatever their parent would have been entitled to (have thy survived their Father or mother) under this my Will

Lastly — I do nominate constitute and appoint my son Jeremiah Leake Executor of this my last will and Testament, and in the Event of his death I appoint my son William J. Leake Executor, hereby revoking all former Wills by me heretofore made

In testimony whereof I have hereunto subscribed my name and affixed my seal this fourth day of July One thousand Eight hundred and fifty one

Signed sealed, published, and declared as and for the last will and Testament of the said Jeremiah Leake in presence of
H. C. Young
B. R. Campbell
Wm Mills Jr
his
Jeremiah X Leake (Seal)
mark

Recorded in Will Book A, Page 189, Bundle 120, Pkge. 8. Recorded date not available. Proven date Mar. 4, 1853. W. D. Watts, Ordy, Laurens District.

I desire it to be destinctly understood that altho I have qualified as Executor I renounce the appointment of Trustee in the different clauses of the within will. Jany 31st 1856
J. F Leak


Enslaved People Named in This Will

Jeremiah Leake’s will names forty enslaved people. Their names are given here as they are spelled in the will, so that descendants searching for them can find them. Two different women named Lucretia and two named Louisa appear in different clauses.

Left toNamesNotes
Wife Jane Leake, for her lifeJohn, Pompy, Milton, Wesly, Moses, Lindy, Nancy, Marten, SamuelAfter her death: Milton to William J.; Mose to Rachel; Pompy to Lucinda; John to Jane Emeline; Lindy to Isabella; the rest to her four youngest daughters.
Wife Jane Leake, outrightWinny, Adeline
Daughter Margaret L. BondsMatilda, Caroline, Marthena, Madison, CicilyGiven before the will was written; confirmed by it.
Daughter Rachel B. Leake (in trust)Anna, Lucretia, Henry, Bedford, Betty
Daughter Lucinda B. Leake (in trust)Randel, Tabetha, Loicy, Elliott, Martha, Louisa
Daughter Jane Emeline Leake (in trust)Polly, Elizabeth, Calvin, Wyatt
Daughter Isabella P. Leake (in trust)Dinah, Catherine, Louisa, Amanda
Son Jeremiah LeakeJacob, Jane, Lucretia
Son William J. LeakeGideon, Hester
From the will of Jeremiah Leake, 1851.

The Documents

Jeremiah Leake’s will as recorded in Laurens County Will Book A, beginning on page 189. Click to enlarge.

Jeremiah Leake’s grave in the Holland–Leak–Adair Burying Ground, Clinton, SC.


Family Connections


Sources, Open Questions, and How You Can Help

Sources

Open Questions

  • Why is Mary Leak Holland not named? She lived until 1860. Like Margaret Bonds, she may have received her share before 1851.
  • Were Margaret and Mary the children of an earlier wife? The will separates “my children by my present wife” and names Jane’s “four youngest daughters.”
  • Is “Hickerson Banksdale” in the Eighth clause Hickerson Barksdale?
  • What became of the forty people named here after 1853?

How You Can Help

If you descend from any of the people named in this will, or can answer one of these questions, please get in touch.


Family wills: Joseph Adair, Sr. – 1788 · Joseph Adair, Jr. – 1812 · Jane Adair Holland – 1830 · Jeremiah Leake – 1851