Spartanburg County, SC part of the SCGenWeb

THE WILL OF BALAAM GILBERT
TWIN OF GEORGE G. GILBERT
generously donated by Horace "Gil" Gilbert

Know all men by these present that I, Balaam Gilbert of State & District above named being afflicted in body but Sound & disposing Mind do make this my Last Will and Test. 1st. I will that my lust debts be paid. 2nd. I will that all my estate both real and personal remain in the possession of my beloved wife, Ellender Gilbert during her natural life that She shall have the free & undisturbed use & control of the same for her own support & maintenance and for the support & maintenance & education of my children. She my said wife shall have the care of my children & she shall support them out of my estate. She is hereby authorized to collect such debts as may be due to me & pay all my lust debts out of any money which may be in my possession at my death & should not be sufficient she as above stated shall collect my debts & she is also authorized to sell so much of my property as may be necessary to pay my debts either at private or public sale as to her my seem best. My said wife, Ellender is hereby constituted My Executrix & Agent with all the powers necessary to Administer or Settle my state without any administration as she may think best as my Agent she shall have full power & attorney to keep hold & possess as above said all my estate during her natural life for uses above named or as Executrix shall in like manner be vested with like authority and all her legal acts either as Agent or Executrix shall be binding to all intents & purposes. I have already given to my son, Samuel Simpson Gilbert property to which I value at Seventy dollars. I have given my two daughters, Nancy Melissa Fairfield Cooley wife of Edmund Cooley, and Louisa Calendar Pope, wife of Thomas W. Pope each a bed & furniture and cow & calf. I will that after the death of my wife, Ellender; that all my estate which may then remain shall be sold & divided as follows: I wish my four sons to wit; James Marland Gilbert, William Littleberry, Govan Pinckney Govan Gilbert & Kincheon Coleman Gilbert, shall each receive either in money or property the sum of seventy dollars to make them equal with my son, Samuel Simpson Gilbert as above named. I will also that my three daughters, Sarah Ann Gilbert. Narcessa Jane Gilbert & Martha Ardella Gilbert shall each receive a like amount either in property or money as my two daughters above named have received and I hereby request & enjoin my wife is she can without detriment to herself in support of the family give each of my four sons and three daughters last named the several amounts above specified to be paid each & such payment by her made to them either of them or their arriving at the age of twenty one years or marriage shall be payment of the same within the intent & meaning of this Will. Lastly, I will that alter the death of my wife and the sale of my property the foregoing part of this will having been complied with then all my ten children named in this instrument shall receive each an equal part of whatever balance of my estate may remain equally share and share alike. I hereby acknowledge the foregoing to be my Last Will and Testament & Request. Gabriel Cannon, George G. Gilbert & Preston Gilbert to Witness same. Wintess my hand & seal this 13th day of Sept. 1851.

Recorded in Will Rook D, page 319, Box 12, Package 25. Recorded Jan. 5, 1852.

THE ESTATE PROBATE RECORD OF GEORGE G.GILBERT
TWIN OF BALAAM GILBERT
generously donated by Horace "Gil" Gilbert

Descendancy:

Garvis Gilbert

Daneil Gilbert

Samuel Gilbert

George G. Gilbert (twin to Balaam)

Missouri Gilbert who married James Cartee

Perry Duncan Cartee

Minnie Lelar Cartee - who married John Bunyon Gilbert

Milo Simpson Gilbert, who was my father.

South Carolina Archives Microfilm C739:

Spartanburg County Probate Judge Real Estate Book, 1853 - 1870 (also on
microfilm: Book for 1868 - 1881):

Page 474, July 20, 1869, Real Estate of George G. Gilbert, Decd.

The State of South Carolina )
Spartanburg County )

In the Probate Court

To the Hon Benjamin Wofford, Probate Judge
The humble petition of Elias Burnett and wife Malissa Burnett
respectfully showeth:

That George Gibson Gilbert departed this life intestate on or about the [blank] day of [blank] 1869 seized and ossessed in fee of the tracts of land below described to wit: One tract situated in said County on Pacolet River bounded by lands of Edmond Cooley, Miles P. Mason and James Russell, known as the old place and containing Two Hundred & Eighteen acres (218) more or less & one other tract situated on Waters of Pacolet River adjoining lands of James Russell, Littleberry Gilbert and William Bush known as the home place and containing one hundred and forty four (144) acres more or less together with not more than one thousand. That he left the following legal heirs & representatives Viz:

The children of Perry D. Gilbert, Decd, to wit, Cansaida Gilbert, Mary M.
Gilbert, Elizabeth Gilbert, and Zellah Gilbert;

The children of Missouri Cartee, Decd, Viz. Perry Cartee, John Cartee, James
Cartee and Emaline Cartee;
Crayton Pope and wife Emily Pope; Charlotte Powell; William Martin & wife
Jane Martin; Cedy Gilbert, George G. Gilbert; Harriet Gilbert; Avaline
Gilbert & Dixie Gilbert and your petitioners.

    That Consaida Gilbert, Mary M. Gilbert, Elizabeth Gilbert, Zillah
    Gilbert, Emaline Cartee, Cedy Gilbert, George G. Gilbert, are minors under
    the age of Twenty years.
    Your Petitioners pray that the two tracts of land before described may be

Page 475. Real Estate of George G. Gilbert, Decd.
Sold for partition and division among the legal heirs and representatives of said George G. Gilbert, Deceased, and to this end that a guardian ad Litum may be appointed for the minors aforesaid, and that a summons in partition do issue from your Honorable Court directed to the parties in interest aforesaid requiring them to appear and show cause if any they can why said lands should not be sold for partition & division as aforesaid. And other further proceedings, had in the premises, as the nature of the case may require.

And your Petitioners as in duty bound will ever pray &soforth.
Evans & Bomar, Pro. Pet.

It is ordered & decreed that F.M. Trimmier be appointed guardian ad litum for
Cansaida Gilbert, Mary M. Gilbert, Elizabeth, and Zellah Gilbert, Emaline
Cartee, Cedy Gilbert, George G. Gilbert, Harriett Gilbert, Avaline Gilbert &
Dixie Gilbert, minors within named, to superintend their interest in this
case.
July 20th 1869 s/ Benj. Wofford, J.P.S.C.

I consent to act as guardian ad litum in this case for the above named minors
and I consent to the Sale of the land. Aug 4th 1869. s/ F.M. Trimmier

The State of South Carolina
To Cansaida Gilbert, Mary M. Gilbert, Elizabeth Gilbert, Zillah Gilbert,
Perry Cartee, John Cartee, James Cartee, Emeline Cartee, Crayton Pope, Emily
Pope, his wife, Charlotte Powell, William Martin & wife Jane Martin, Cedy
Gilbert, George G. Gilbert, Harriett Gilbert, Avalina Gilbert & Dixie
Gilbert, Legal heirs and representatives of George G. Gilbert, Decd, who died
intestate Greeting.

Page 476. Real Estate of George G. Gilbert, Decd.
Your are hereby required to appear at the Court of Probate to be holden
for Spartanburg County at Spartanburg on the 9th Day of Aug next to show
cause if any you can why the Real Estate of George G. Gilbert, Decd.,
consisting of two tracts or parcels of land, situated in said county, one on
Pacolett River bounding lands of Edmond Cooley, Miles P. Mason & James
Russell & containing Two Hundred & Eighteen (218) acres more or less, and the
other tract on Waters of Pacolett River, bounding land of James Russell,
Littleberry Gilbert, William Bush and William Walker containing one Hundred &
Forty four (144) acres more or less, originally granted to [blank] , Should
not be divided or sold for partition & Division.

Given under my hand & seal of office this 29th July A.D. 1869.
                        s/ Benj. Wofford, J.P.S.C.
By my Regular Deputy, S.B. Ezell, I did on the 3rd & 4th Days of Aug 1869,
Serve the within named Cansaida Gilbert, M.M. Gilbert, Elizabeth Gilbert,
Zellah Gilbert, Perry Cartee, Emily Pope, Cedy Gilbert, Avalina Gilbert,
Dixie Gilbert, Malissa Burnett, James Cartee, Emeline Cartee, Cray Pope,
Charlotte Powell, George G. Gilbert, Harriett Gilbert & Elias Burnett, with
copys of this Summons the first named Ten personally, the ballacne left, and
after diligent Search could not find John Cartee, William & Jane Martin in my
county.
                        s/ John Dewberry, S.S.C.
Service proven before me Aug 5th 1869. s/ Benj. Wofford, J.P.S.C.

Page 477. Real Estate of George G. Gilbert, Decd.

We accept the legal Service of this citation Aug 5th 1869.
                            s/ J.E. Cartee
                            Wm (his x mark) Martin
                            Jane (her x mark) Martin
Test: Elias Burnett

South Carolina          )
Spartanburg County)

Personally came before me Wm Walker and Elias Burnett who being duly
sworn say that they are well acquainted with the land described in the
Summons of Partition in this case and in their opinion it cannot be divided
without material injury to the Sale thereof.
                        s/ Wm Walker
                        s/ Elias Burnett
Sworn to & Subscribed before me Aug 5th 1869     s/ Benj. Wofford, J.P.S.C.

I have this day Sold the within described tract of land as follows:
Lot No 1 containing 218 acres mores or less to Elias Burnett for Six
Hundred (600) Dollars. Lot No 2 containing one Hundred & forty four (144)
more or less to Elias Burnett for Four Hundred & Seventy (4700 Dollars.
s/ John Dewberry, S.S.C.
Taken Two Bonds on Elias Burnett, Charlotte Powell & Jane Martin each of
535.00. One payable 6th Sept 1870, the other Due & payable 6th Sept 1871 with
interest from Date