The Will of William HARVEY exists in two states: The first is the archetype, dated 1
December 1787, which appears to be in the hand of Hugh Middleton to whom, as it
also appears, William HARVEY dictated its essential contents. The archetype, that is,
Middleton's holograph, was signed by William HARVEY. This is the document
which, in court, Hugh Middleton proved by oath on 15 October 1788. The second is
the proof-text which, on or before 15 October 1788, was copied from the archetype by
the clerk of court for Edgefield County, South Carolina and which is recorded in Will
Book A, pages 5 and 6. The recension given below is a transcription of the archetype
which has been collated with the proof-text:
[Page 1] I, William Harvey1, now2 being in my perfect senses and memory but weak in
body3 and knowing that I must, as being mortal, depart this life and having assurance and firm
hope that my body will, at the resurrection, arise and body and soul4 be reunited: And first in
the name of God Amen, I give and bequeath my soul to God that gave it me. And I do leave
my well beloved wife, Elizabeth5, and Hilliry Philips6, Zaphaniah7 Harvey my Executors. First
I will and bequeath to my wife, Elizabeth Harvey, a wench8 called Jane, during her
natural9 life. And after her decease to be with her the said Jane and all her increase to be
equally divided between Martha10, Mary & James Harvey11 my loving daughters12 and son: I
also give to my wife her bed and furniture that she lyes in13 and the chest. I give Dick14 to her
also but she the said Elizabeth is to pay of the heirs of Micajah Andrews what is acoming15 to
them and to each of them: And I give the sorrel mare called hers and the saddle and one
hundred bushels of corn and all her crockery16 ware and her and her children to have an equal
part of all the hogs and cattle to be divided between Zaphaniah Harvey, John and William,
Nehemiah, Thomas, Elender & Lincy, my loving wife sons and daughters17. And also I give to
my wife one pot known to be hers formerly, And the bed called Salley’s18 I give to Sarah
Andrews19. And to my wife I give one plow and 2 hoes: Item20 three sheep: Secondly I give to
my son Zapheniah, one negroe boy called Joe. And all my lands to be equally divided between
my sons Zapheniah, William, John, Nehemiah, Thomas & James Harveys: Thirdly I leave it to
the discretion of my Executors to sell and dispose of my lands to the best advantage and divide
the money as above mentioned, each his part equally.
[Page 2] Fourthly, I give and bequeath to my son, William, my young bay mare I had of
Patterson and all my wearing apparel. Fifthly, I give to my daughter, Elander, one Negroe girl
name Rose & bed21. Sixthly, I bequeath to my son, John, a young mare Proqick. To my sons I
give equally to be divided Vine and Beck22 to wit each his part, William, John, Nehemiah and
Thomas. I give to my daughter, Lincy23, a negroe boy, Peter, a bed and furniture. I give to my
sons Nehemiah and Thomas my big sorrel mare24 and all her increase. I lastly give to my sons
all my household furniture, work tools25 &c. that aint26 been before mentioned: And what
Debts I owe I desire that it may be discharged out of my stock of cattle and hogs & I desire
that my two daughters, Ann and Elizabeth, each to have five shillings sterling to be paid by my
Executors when demanded. Signed Sealed and delivered
In the presence of
}
us This 1st day of December 1787 } /s/ William Harvey
/s/ Hugh Middleton
}
/s/ Lucy Middleton
}
Notes:
1. William Harvey: William HARVEY died between 1 December 1787, the date of his Will,
and 14 January 1788 when his widow, Elizabeth, qualified in court as executrix of his estate.
2. now: In the archetype, this appears as know.
3. body: In the archetype, body is spelled as boddy.
4. soul: In the archetype, soul is spelled as sole.
5. Elizabeth: This was Elizabeth JAMESON, the second wife of William HARVEY, and
previously the wife of Micajah ANDREWS.
6. Hilliry Philips: This was Hilleary PHILLIPS, the son of John PHILIPS (ABT 1726, Surry
County, Virginia, British North America - 28 March 1784, Wilkes County, Georgia) and Ruth
BEALL (ABT 1712, Prince George's County, Maryland, British North America - 1777,
Richmond County, Georgia). By his descendants, he is recorded as the husband of Mary Ann
HARVEY, the daughter of William HARVEY and Verlinda <WADE?>. [See G0497A:
William PHILLIPS (Jr.), note 1, in Antecedents and Descendants of Whitmell Phillips (ABT
1772 - 1822) and see below, note 6, on Margaret and Rachel JONES.]
7. Zaphaniah: This is difficult to make out in the archetype. The proof-text reads Zachariah.
8. wench: That is, a female household slave. About Jane, see immeditely below, the indenture
of Elizabeth Walker to Sims & Byne, 22 September 1807.
9. natural: In the archetype, natural is spelled as natrel.
10. Martha: In the archetype, the pointed ligature connecting the letters a and t justifies the
reading of this as Marthew. In the proof-text, the name is given as Mathew. Subsequent courtdocuments show that Martha is, in fact, the proper reading. To confirm the name Martha, see
immediately below, the indenture of Elizabeth Walker to Sims & Byne, 22 September 1807.
11. Martha, Mary & James Harvey: These three persons were the offspring of William
HARVEY and his second wife, Elizabeth JAMESON.
12. daughters: In both the archetype and the proof-text, this is plural. And it demonstrates
that Marthew or Mathew must be read as Martha.
13. in: The proof-text reads this as on.
14. Dick: Dick, a slave, was brought into this estate by Elizabeth JAMESON upon her
marriage to William HARVEY.
15. acoming: This is an American vulgar error for coming. In the proof-text, the copyist, who
wrote coming, added the letter a interlinearly.
16. crockery: In the archetype, this is spelled as crokery.
17. Zaphaniah Harvey, John and William, Nehemiah, Thomas, Elender & Lincy, my
loving wife sons and daughters: These were the offspring of William HARVEY and his first
wife, Verlinda <WADE?>.
18. Salley’s: Only the termination of this name is legible in the archetype. The proof-text
supplies it completely. Salley was Sarah ANDREWS.
19. Sarah Andrews: In both the archetype and the proof-text, Andrews is given as Andres.
Sarah ANDREWS was the daughter of Elizabeth JAMESON and her first husband, Micajah
ANDREWS.
20. Item: Persons unfamiliar with Romance languages should understand that the word item is
Latin and that it means "also." With that meaning, it is freqently encountered in the legal Latin
of testaments and inventories.
21: & bed: In the archetype, this is an interlinear addition.
22. Vine and Beck: Vine and Beck were the slaves of William HARVEY.
23. Lincy: This was Verlinda HARVEY, named after her mother, Verlinda <WADE?>.
24. my big sorrel mare: In the archetype, this is difficult to make out. The proof-text supplies
the reading.
25: work tools: The proof-text supplies this as my work tools.
26. aint: This is an Anglo-American vulgar error.
After the death of William HARVEY, Elizabeth JAMESON married David
WALKER as is shown by the following indenture:
ELIZABETH WALKER TO SIMS & BYNE: Deed Recorded 22 September 1807
----------- This Indenture --------- --------- To All to Whome these presents Shall Come
Greeting Know ye that I Elizabeth WALKER of the County of Columbia, late Widow of
William HARVEY, of the State of South Carolina for and in Consideration of the nautral love
and affection which I have and bear unto my daughter Martha, late Martha HARVEY, and
now the wife of Lewis BYNE of Burke County and of the natural love and affection which I
have and bear unto my Daughter Mary, late Mary HARVEY, and now the wife of Leonard
SIMS of Baldwin County and also for and in Consideration of the sum of ----- freely[?] to me
in hand paid by the said Martha BYNE & Mary SIMS the right whereof I ------ ------ is hereby
acknowledged have given transferred and delivered and by these presents do freely give
transfer and -------- unto the said Marthy BYNE and Mary SIMS a Certain negro woman Slave
named Jane and her Childron named Cloe Rose Sylvia Pat Peter Jacob Bob Judy Stephen Billy
& John and Se---y a Child of Rose and Jeƒsee a Child of Sylvia to hold the said negro Slaves
and every of them with ---- future ---- of the family unto my said Daughters Martha and Mary
and their heirs Sarre and Share alike free and Clear of the life Estate which I therefore have
had and held in the said Negros under and by Virt--- of the last Will and testament of said
William HARVEY dec'd In Witneƒs Whereof I have hereunto Set my hand and Seal the 26th
day of August 1807 Elizabeth WALKER {Seal} In presence of Abner SIMS A Crawford