The Last Will and Testament of Thomas E. Rickenbacker
Transcribed from a copy of the will in the Salley Archives by J. E. Rickenbacker.
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The State of South Carolina
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ment, the sum of one thousand Dollars. In addition to the foregoing, I give and bequeath to my son George T. Rickenbacker, if so much be necessary, the sum of Five Hundred Dollars, and to my Daughter Florence M. Rickenbacker, if so much be necessary, the sum of One Thousand Dollars, for the purpose of completing their education. The said sum or accounts, or so much thereof as may be necessary for the purpose indicated, to be used and expended by the Guardians, hereinafter named and appointed for my said children , George T. and Florence M. Rickenbacker. In case any or either of my children above named shall die before receiving the sums and accounts above given to each of them, without leaving a child or children surviving, the sum and account so given to the one dying to revert, and come back to my estate, and pass under the Residuary clause of this my last will and testament.
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Scholarship, owned and held by me in the Orangeburg Baptist College, to my four sons to be used by them, or the survivor or survivors for the education of my minor children, or otherwise as they may adjudge best and see fit.
shall receive my Home Place, whereon I now reside, including the one hundred and nineteen acre tract dirived by me from my fathers estate, the Sixty acre tract known as the Josh Rast tract, the twelve acre tract bought by me from Mrs. Archie Burke, the Nancy Haigler tract, containing about six acres; and also my Zimmerman tract containing about, seventy six acres; and in consideration of my said two sons, Walter G. and Ashby O. Rickenbacker receiving the above described lands composing my Home Place and settlement, in the partition and division of my real estate and lands, it is my will and I direct that my two sons, Walter G. and Ashby O. Rickenbacker shall permit my minor children to have their homes and remain upon my said Home Tract until the arrive at the age of twenty one years respectively - It is not my intention to limit the shares of my said two sons to the Home Tract, as above designated, in case the same shall not be equal in value to the shares received by my other children, for it is my will that all my children
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shall share equally in my estate. For the purpose of a partition and division of all my real estate among all my children equally as herein indicated, I hereby nominate, constitute, and appoint my friends, Dr. J. W. Summers, Jas. J. Fairy, Z. E. Gramling and A. M. Salley, and my brother John E. Rickenbacker as commissioners with all the powers and duties of commissioners usually appointed by the courts, in Suits for partition, for the purpose and with full authority and power to make partition and division equally in value, of my real estate among all my children as herein directed and with full power to any three or more of them so to do. In case at least three of the said Commissioners shall not be able to serve from any cause or by reason of death, then my Executors herinafter named, are hereby authorized and empowered to appoint other suitable persons, as Commissioners in place and stead of those above named, who cannot serve as such.
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of money against any or either of my said children in order to equalize their share in said partition and division, and the same shall be paid by the one or ones against whom such assessment or assessments are maid. It being my purpose and intention that all my children shall share equally as nearly as may be possible in my entire estate, both real and personal, and in case it shall so happen that any title to any portion of my real estate shall prove defective in any way, it is my will that all my other children shall contribute equally to the one who may receive the defective title, and in making good the same, in order that all my children may be made equal in my estate and the distribution thereof.
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and share alike. The child or children of any deceased child to take by representation the parents share, to them their hiers and assigns forever.
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the fourteenth day of November in the year of our Lord One thousand and Eight hundred and Ninety Nine and in the one hundred and twenty fourth year of the Soveriegnty and Independence of the United States of America.
<signed> Thomas E. Rickenbacker
Signed, sealed, published and declared by Thomas E. Rickenbacker, the Testator as and for his last will and testament, in our presence, who in his presence, at his request, and in the presence of each other have hereunto subscribed our names as witnesses.
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