Thursday, December 26, 2013

James Loveless (1771-1846) Will & Analysis

The probate records for South Carolina and Georgia counties are available at FamilySearch.  I have been reaping records from Greenville Co, South Carolina and Bartow Co, Georgia for Loveless families.

Majority of the probate records are for collateral lines but I do have a will for James Loveless, who died sometime in between 28 Aug 1845 when he signed the will and 13 Jul 1846 when the will was recorded.[1]

James Loveless is my fourth great-grandfather, my maternal’s side of the family.

I have a typed version but I don’t remember where I got it.  However, I found this version on FamilySearch and the transcription is here:
p 215

James Loveless Will
SOUTH CAROLINA       }                             
GREENVILLE DISTRICT  }                In the name of God Amen           
     I James Loveless Senr. Being of sound and
disposing memory but weak in body and
calling to mind the uncertainty of life
and being desirous to dispose of all such
worldly estate as it hath pleased God to
bless me with do make and ordain this

p 216
my last will and testament in manner fol=
        First) I desire my executors herein
named to pay all my just debts and funeral
       I give unto my wife Linna Loveless Senr.
my home tract of land whereon I now live con=
taining two hundred acres more or less during
her life and at her death to go to my son
James T. Loveless by his paying my three
daughters that is Mary Loveless Ruth
Loveless and Linna Loveless Jr one hundred
dollars each.
     I also give my wife Linna Loveless Senr.
a negro boy named Ben and at her death
she has the liberty to dispose of him as she
may think proper. __ I also give her two
nags my black mare ?ol and my black
horse Dunk our cow and calf  two beds and
furniture a trunk and small chest and the
small cupboard one table the wheels and cards
the chairs and Kitchens furniture I also give
her my stock of hogs and my sheep my wag-
gon & gear and plantation tools.
     I also give unto my wife Linna Loveless
a Negro woman named Charlott during
her life and at her death for said negro
and her futer increase to be equally
divided between my son James T Love
=less and my three daughters Mary
Loveless Ruth Loveless and Linna Love
=less Jr.  _____    I desire that my executors
hereafter named sell the whole of the re
==sidue of my property consisting of a tract
of land containing two hundred and fifty
acres more or less and six negroes

p 217

named Jim, Abby, Bob Mary Martha and
Rachel and the whole of the balance of my
personal estate that is not heretofore dis-
posed of and that the proceeds be equally
divided between my sons William Loveless
Levi Loveless Thomas Loveless Hazle Love
less Allen Loveless and Jesse Loveless and
my daughter Elizabeth Crawford and
John Loveless’s children to come in for his
equal share in the above dividend. ----
     To each of my daughters Mary Ruth
and Linna  I have given a cow and calf a
bed and furniture I have also given
them bills of sale to a negro each and
they have some household furniture
consisting of bedsteads bed clothing a
table and crockery ware which they have
bought themselves & which is not included
above as I have no clam to them.  ----
     I also wish that the crop that's
growing on the land at my decease or
if it is gathered to belong to my wife
and that it be not sold.  ---------------------
      And lastly I do constitute and ap
point James T Loveless my son and Ira
Arnold, Executor of this my last will
and testament in testimony whereof
I have set my hand and seal this twenty
eighth August 1845 -- Signed sealed and
acknowledged in the presence of
George Gambell        }
Archibald Johnson    }                 James Loveless Senr. (L.S.)
Mason N Gambell     }

p 218

James T. Loveless &          }  Greenville dist. S. Carolina
Ira Arnold Exts                  }
Of James Loveless’ will      }
vs.                                      }  Probate of will in
The heirs of said                 }  solemn form
James Loveless dec’d        }  in the court of ordinary

   Personally appeared Archibald Johnson
and Mason N. Gambrell and after bring
duly sworn saith on said oath that the
said James Loveless late of said district
deceased sign the annexed writing an?? [in binding]
and heard him declare the same to be
his last will and testament.  The said
deponents further state, that at the time
the said testator signed and declared the
above stated he was to the best of their
knowledge and belief of said deponents
of a sound mind memory and un
=derstanding and that the said de
=ponents with George Gambrell did
at the request and in the presence of
said testator and in the presence of each other
sign the said will as witnesses. – Sworn
13th day of July 1846.
Jno Watson                      Mason N. Gambrell
O.G.D.                               Archibald Johnson

The above is all the testimony offered in the above
case none of the parties appeared to contest the
will. – It appearing that all the parties in
this state were duly cited and notified
and that those out of the state were
notified by advertisement in the Greenville
Mountaineer paper for three months
Previous to this day none of them ap
pearing to object their consent is then for

p 219

taken as confest [I think that is the word].   Ordered and decreed
that the ??m said will stand proven in solemn
form and that the same with the above pro-
ceedings be recorded --- July 13th 1846
                                    Jno Watson
                                    O. G. D.

Now that it is all typed out and easier to read, here is what I have learned from these two records:

--James Loveless wrote his will and it was witnessed on 28 Aug 1845
--James Loveless' will was proven on 13 Jul 1846
--His wife was Linna Loveless Senr.
--His sons who were living were: William, Levy, Thomas, Hazle, Allen, Jesse, James T.
--His son who had died: John. His unnamed children were also to receive a share
--His daughters living were: Ruth, Mary, Linna Junr. & Elizabeth Crawford
-- --8 negroes were mentioned: Ben and Charlott, Jim, Abby, Bob, Mary, Martha, and Rachel
--Son James T. Loveless and Ira Arnold were executors.
--He gave wife: tract of land where she lived, negro named Ben, negro named Charlott, two nags, a black mare, horse named Dank, cow & calf, two beds and furniture a trunk and small chest and the small cupboard, wheels and cards, one table, chairs, kitchen furniture, stock of hogs and sheep, wagon, and plantation gear and tools.
--land from mother was to go to James T. Loveless upon her death
--$100 each to be given to daughters Ruth, Linna Junr, & Mary Loveless paid by James T. Loveless after death of mother
--He desired the rest to be sold (250 acres land, 6 Negroes, personal estate) to be divided equally among sons, daughter Elizabeth Crawford, and children of John Loveless.
--Crop on land now was to be given to wife
--James Loveless and Ira Arnold brought will in to ordinary court to be filed
--The notice of the will was listed in the Greenville Mountaineer for three months
--No one contested the will so there were no further records.

What I don’t know from these two documents is when did James Loveless die?  It was between 28 Aug 1845 and 13 Jul 1846.  If the newspaper published information about the will for three months, then he died before April 1846.  I have seen some online trees state that he died 1 Mar 1846. What I would like to view would be copies of the Greenville Mountaineer for any reference to James Loveless. Certainly I should be able to find a reference to the will.

This will does account for all of the children I have for James and Linna Loveless.  I’m sure I learned of this family early in my genealogical research from another researcher. I am now trying to fill in the details using actual records.

My next step will be to look for land records for James Loveless. I plan to do this at the Family History Library in January. 

[1] “South Carolina Probate Records, Bound Volumes, 1671-1977,” digital images, ( : 22 Dec 2013), Greenville District South Carolina, Wills book 1840-1852, Vol. C,  p 215-219, James Loveless.

Copyright © 2013 by Lisa Suzanne Gorrell, Mam-ma's Southern Family

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