In the name of God, Amen
I, Elizabeth Weir, of the State of Alabama, and the county of Tuscaloosa, being in a low state of health but of perfect mind calling to mind that all have once to die, do make and ordain this my last will and testament in the way and manner following
First I resign my soul to God who gave it to me to dispose of agreeable to his will and pleasure and for his own glory. And my body to the dust whence it came.
Secondly, as to touching my worldly affairs which God has been pleased to bless me with I wish my body to be decently buried in some convenient burying place and all reasonable expense paid first.
Thirdly To my daughter Nancy Robinson’s children Sally Robinson and Emily Robinson I leave and bequeath to each a good feather bed and clothing suitable to the same, being the same I am now in possession of, together with all my wearing apparel to be as equally divided in quality and value as possible.
Fourthy I leave and bequeath to my grandson James Maxwell Cherry a bed and furniture that is suitable or the value thereof
Fifthly I leave and bequeath to my son-in-law Andrew Miller my third of the tract of land on which I formerly lived lying and being in the county of Pendleton, South Carolina known by the name of the village for his use and benefit forever
Sixth As to my other property belonging to me at the time of my death it is my will that it should all be equally sold and divided between the heirs of my daughter Nancy Robinson they are to receive [a?] share one fourth part equally divided amongst them as one legatee [;] the other three fourths to be divided between Thomas Cherry, Samuel T. Cherry and Andrew Miller my son-in-law being four legatees joint and to have each an equal share of the amount after two hundred dollars is paid to each of the three first mentioned legatees. The excepted [?] of hogs and cattle and household furniture that has not before been mentioned I will and bequeath to Samuel Cherry.
It is my will that my four grandchildren Robinson should have an equal divide with each other in the amount that will be due them as one of the legatees except what has before been given to Sally and Emily should either of them die without lawful issue to be jointly divided between my other heirs.
Seventhly, It is my will that my executors will reserve of the part that will be due to my son Thomas Cherry two hundred dollars to be divided between his son James and his daughter Almira Isabella and I do hereby appoint my son Thomas Cherry and Samuel T. Cherry and son-in-law Andrew Miller executors to the due execution of this foregoing directions it being my last will and testament making void and null all other wills heretofore by me made.
Signed sealed and acknowledged as the last will and testament for the use and purpose that is there contained on the 23rd of October 1821
Elizabeth Weir her mark
Robert Hemphill
James Trim
N. Hemphill
Proven in open court Dec 10th 1821
[?] Henry T. Anthony [?] I do hereby certify that the foregoing is a true copy of the original will as proven in in court.
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Transcribed by Meg Betts Torbert from Ancestry.com
Elizabeth was the daughter of Samuel (1730-1798) and Susannah Haslett Torbert (1730-), 5th great-grandparents of my husband, Roy Banks Torbert
10/11/2023