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Will of Thomas E. Rickenbacker

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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
In the name of God. Amen!
I Thomas E. Rickenbacker of the County of Orangeburg, and State aforesaid, being of sound mind, memory and understanding, do make, ordain, publish and declare my last Will and Testament to be as follows that is to say:
First. It is my will and I hereby direct that all of my just debts, and my funeral expenses be paid out of my estate by my executors herein after named as soon after my death as may be convenient.
Second. I give and bequeath the sum of One Thousand Dollars to each of my following named Children: Walter G. Rickenbacker Ashby O. Rickenbacker George T. Rickenbacker, and Florence M. Rickenbacker, to be paid to each of them when they arrive at the age of twenty one years.
I have given the above sum of one thousand Dollars to each of my children above named, by this my will, for the purpose of making them equal with my other three children John F. Rickenbacker, Lizzie A. Golpin and Maggie E. Culler, to each of whom I have already given by way of advance-

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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.
Third: I also give and bequeath to the said Florence M. Rickenbacker, who is my youngest daughter, my Piano, absolutely and forever.
Fourth. I give and bequeath the

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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.
Fifth: I give and bequeath all my personal estate, of every nature, kind and discription, including all moneys and cash on hand at the time of my death, to all my children to be equally divided among them share and share alike the child, or children of any deceased child, to take by representation, the parents share.
Sixth: I give, devise and bequeath all of my real estate and lands to all my children, to be equally divided among them share and share alike, the child or children of any deceased child to take by representation the parents share to them their heirs and assigns forever. It is my will however and I direct that in the partition division and attachment of my real estate my two sons, Walter G. Rickenbacker and Ashby O. Rickenbacker,

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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.
The said Commissioners, shall among other things, have full power to assess a sum or sums

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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.
Seventh: All the rest residue and remainder of my property and estate, both real and personal, if any, not hereinbefore desposed of, of every nature kind and discription, and wheresoever the same may be, and whether in possession or expect___, I give devise and bequeath unto all my children to be equally devided among them share

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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.
Eighth: I hereby nominate, constitute and appoint my two sons John F. Rickenbacker and Walter G. Rickenbacker to be the Guardians of my minor children, Ashby O. Rickenbacker, George T. Rickenbacker, and Florence M. Rickenbacker, with all the powers and duties conferred by law upon Guardians, save and except that they shall not be required to make with Bond for the faithful discharge of their trust.
Lastly: I hereby Nominate, constitute and appoint my two sons John F. Rickenbacker, and Walter G. Rickenbacker, Executors of this my last will and testament, and hereby will and direct that in case they qualify they shall each receive the sum of five hundred dollars in lieu of all commissions allowed by law and I hereby revoke and declare null and void, any and all wills by me at any time heretofore made. In witness whereof I the said Thomas E. Rickenbacker, the testator do, to this my last will and testament set my hand and seal, this

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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.
<signed> W. F. Rickenbacker
<signed> F. N. Rickenbacker
<signed> Wm L. Glazer


Transcriber's Notes:
  1. Thomas's wife, Cornelia, died November 9, 1899.
  2. Thomas died November 28, 1899.
  3. The children's ages in November, 1899 were: Lizzie, 30; John, 29; Maggie, 25; Walter, 21; Ashby, 19; Tolson, 17; and Flossie, 11.

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Copyright © 2003 by J. E. Rickenbacker. All rights reserved.

8-31-03