TWO WILLIAM BENNETT WILLS, TWO MEN

Michael Cooley - 29 Dec 2024

These Bennetts are believed to have born in Maryland moving later to the Carolina. It's difficult to reconcile these two wills so that they be the same person. And, as judged by public trees, many people would like it so. The most glaring inconsistency is that son James was dead in 1795 but alive again in 1814. And what of the "elder" children, Rachel Clark, Jane Dilling and her two children? And what of his daughter married to George Lindsay and their two daughters? They're missing in the "second" will.

The biggest thing that could make it the same person is that in the first (North Carolina) will mentions land in Marlborough, South Carolina. However, unless some of the inconsistencies are worked out, I think it's more likely these two men were related rather than the same individual. And here's the kicker, the nail in the coffin, if you will: Wm Sr's (1795) Bennett granddaughters are probably the daughters of Wm Jr (1814) -- Elizabeth Covington and Nancy Easterly.

Now it makes sense: William of 1814 was probably the son of William of 1795. Following is a comparison of the two wills, a family tree, the transcriptions of the wills, and two will abstracts: William Bennett III and Nevill Bennett, son of William Sr.


COMPARISON OF WILLS

1795 will1814 will
Himself, William Bennett Sr of Richmond, North Carolina
wife Olivia
Son William
grandson William Bennett
granddaughter Elizabeth Bennett
granddaughter Nancy Bennett
son Nivil
son James (dec, widow Sarah, their sons Wm, Silas, James, John)
dau Rachel Clark
dau Jane Dilling (her children Nicholas and Rachel Dilling)
grandson Nicholas Dilling
granddaughter Rachel Dilling
son-in-law George Lindsay (which daughter?)
granddaughters Rachel and Elizabeth Lindsay
grandson William Bennett (son of William)
Himself William Bennett of Marlborough, South Carolina
wife Rachel
Himself
Son William
dau Elizabeth Covington
dau Nancy Easterly
son Neavil Bennett
son James Bennett (otherwise deceased in 1795)
-
-
-
-
-
-
-
son Joseph Bennett
son Benjamin Bennett
dau Susannah Bennett (minor)
son-in-law Hamlet Fuller (which daughter?, deceased?)


FAMILY TREE

Click image to enlarge


1795 WILL

In the name of God, Amen. I, WILLIAM BENNETT, SENR., of the County of Richmond and State of North Carolina, being now very weak in body but in my perfect mind and memory thanks be given to God. Calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last Will and Testament, that is to say principally and first of all I give and reccomend my soul into the hands of Almighty God that gave it and my body, I recommend to the earth from whence it came to be buried in a decent manner at the discretion of my Executors, nothing doubting but at the general resurrection I shall receive the same again by the mighty power of God. And as to my worldly estate I give devise and dispose of in the following manner and form, viz:

To my eldest son WILLIAM BENNETT I give and bequeath five shillings current money and no more as I have given him the portion allotted for him.

Again, I give and bequeath to my second son NIVIL BENNETT five shillings current money and no more in as much as I have already given him the portion allotted for him.

Again I lend to my daughter in law SARAH BENNETT the late widow of my son JAMES BENNETT the one third part of the land on which she now liveth and occupieth during of her widowhood after which I give and bequeath the whole of the tract of land it containing four hundred and fifty acres lying and being in the county of Anson to be equally divided between my two grandsons WILLIAM and SILAS BENNETT to them their heirs assigns forever. I likewise lend to my daughter in law SARAH BENNETT a negro boy named Prince for the term of ten years to work on the said land and no where else after which term I give and bequeath the said negro to my grand sons WILLIAM and SILAS BENNETT to them their heirs and assigns forever.

Likewise to my grandson JAMES BENNETT son of JAMES BENNETT deceased I give and bequeath Two hundred and fifty acres of land in Anson County lying on the waters of Brown Creek on the road known by the name of the lawyers road to him his heirs and assigns forever.

Likewise I lend to my daughter RACHEL the wife of NICHOLAS CLARK my negro woman named Bett during her natural life of my said daughter RACHEL and after her decease I give and bequeath the said negro Bett and her increase to my grandson JOHN BENNETT son of JAMES BENNETT deceased to him his heirs and assigns forever. I also lend to my daughter RACHEL my mulatto girl named Hannah till she arrives to the age of twenty five years. She being two years old the 15th of June last and at the expiration of this term I desire her to be set free.

Again I lend to my daughter JANE the wife of HENRY DILLING my negro girl named Hannah during her natural life and after her decease I give and bequeath the said negro girl and increase to my grand children, NICHOLAS DILLING and RACHEL DILLING to be equally divided to them their heirs and assigns forever. Likewise to my grandson NICHOLAS DILLING I give and bequeath the mansion house and plantation on which I live possess and occupy containing one hundred and sixty one acres to him the said NICHOLAS DILLING his heirs and assigns forever. I likewise give to the said NICHOLAS DILLING my young horse named Brittain to him his heirs forever. I also give and bequeath to my granddaughter RACHEL DILLING One hundred acres of land more or less lying and being in South Carolina, Marlborough County on the waters of Crooked Creek, it being the land I purchased of Abner Broach to her heirs and assigns forever.

I also lend to my son in law GEORGE LINDSEY my negro woman named Dinah during his natural life after which I lend the said negro and her increase to be equally divided between my granddaughters RACHEL and ELIZABETH LINDSAY both daughters of GEORGE LINDSAY to them and their lawfully begotten heirs forever.

I also lend to my son WILLIAM BENNETT my negro woman named Chloe during her natural life after which I give and bequeath the said negro woman and her increase to my grandson WILLIAM BENNETT the son of WM. BENNETT to him his heirs and assigns forever.

Again I give and bequeath to lawful wife OLIVIA one feather bed and furniture also thirty seven pounds ten shillings - which of notes of hand and accounts is now in possession of William Graham for the support of the Sd OLIVIA during her life - And as to my moveable estate not yet particularized I dispose of in the following manner and form to wit. My live stock cash in hand bills bonds notes household goods etc to be divided into five equal parts and one of the parts to be divided amongst my son WILLIAM's three eldest children to wit WILLIAM, ELIZABETH and NANCY BENNETT to them their heirs and assigns for ever and one fifth part to be equally divided between GEORGE LINDSEY's two eldest children to wit WILLIAM and SARAH LINDSEY to them their heirs and assigns forever and the one fifth part to be equally divided between my son JAMES BENNET's three daughters NANCY ELIZABETH and SUSANNAH BENNETT to them their heirs and assigns forever. And the one fifth part to my daughter RACHEL to her heirs and assigns forever. And the one fifth part I give and bequeath to my daughter JANE to her heirs forever only note that her part of the cash in hand if any not to be paid to her the S'd JANE till the expiration of seven years, and for the special trust and confidence that I repose in the fidelity and integrity of my son WILLIAM BENNETT and son in law NICHOLAS CLARK I constitute and appoint my lawful Executors in testimony whereof I have hereunto set my hand and seal this 21st day of July Anno Domini 1795.

~~~

1814 WILL
Transcribed by Victoria Proctor, 22 July 2003

In the name of God Amen. I WILLIAM BENNETT of the District of Marlborough & State of South Carolina being sick and weak in body but of sound and disposeing mind memory and understanding. praised be God for the same, do make this my last will & Testament. in manner following. that is to say, first of all my will is that after my decease so much of my personal estate be sold as will be sufficient to pay all my Just debts funeral expences &c. at the discretion of my Executors.

Secondly I Give to my beloved son WILLIAM BENNETT five shillings sterling and no more has I have heretofore given him the portion attoled [allotted] for him.

Thirdly I give to my beloved daughter ELIZABETH COVINGTON five shillings sterling and no more I have heretofore given her the portion attoled for her.

Fourthly I give to my beloved daughter NANCY EASTERLING one sorrel mare & one feather bed & furniture and twenty dollars the said mare & bed to be delivered soon after my decease and the said Twenty dollars to be paid by my executors by the first of January one thousand eight hundred and Sixteen.

Fifthly I give to my beloved son NEAVIL BENNETT a Certain piece or Tract of land called the Beverly land and also a part of the Tract of land Whereon I now live called Boyakin field to be divided by a direct course through the Cypress pond and through the lane to the edge of a small pond. then to on near THOMAS LESTERS Corner thence nearly a west course to crooked Creek. and all the land I hold lying below said line is the above mentioned land be the same more or less and also one feather bed & furniture.

Sixthly I Give to my beloved son JOSEPH BENNETT one hundred acres of Land called the Drilling land, and one feather bed and furniture.

Seventhly I give to my beloved son JAMES BENNETT one hundred & Sixty acres of land called the BEACHAMP Land and one feather bed & furniture ---

Eighthly I give unto my beloved son BENJAMIN BENNETT all the remainder of the tract of Land whereon I now live, together with the balance of a late survey adjoining the same, and one feather bed and furniture and my negroes man ABRAM at the death of my wife.

Ninthly I give unto my beloved daughter SUSANNA BENNETT one feather bed & furniture and Fifty dollars to be raised out of my personal estate, and paid to her when she shall arrive at lawful age or marry by my Executors.

Tenthly. I lend to my son in law HAMLET FULLER one feather bed & firniture and three head of Cattle with a few other articles of household furniture which he now has in his possession dureing the time of his Natural life, and if in case he shall die without a lawful heir at his death the same shall revert to my four sons, NEAVIL JOSEPH JAMES & BENJAMIN & my daughter SUSANNA to be divided between them in the same manner as the rest of my personal estate is to be divided.

Eleventhly. I lend unto my beloved wife RACHEL BENNETT all my estate both real and personal after my Just debts and the above named legacies are paid during the time of her natural life or widowhood in order that my children live & remain with their mother, and have Education and after her death or the expiration of her widowhood all the rest residue and remainder of my personal estate which is not disposed of is to be equally divided into three parts, and one third to be given to my daughter SUSANNA when she shall arrive at lawful age or marry to be paid to her by my Executors. and the remaining two thirds to be equally divided between my four sons NEAVIL JOSEPH JAMES & BENJAMIN who are to receive the same and also possession of their respective lands when they arrive at lawful age or marry by my Executors. And if in case any of my above named sons NEAVIL JOSEPH JAMES & BENJAMIN shall die before they arrive at lawful age or being of lawful age die without a lawful heir then their respective shares of my estate both real and personal shall be equally divided between the remaining or surviving brothers aforesaid & in case my daughter SUSANNAH shall die before she has a lawful heir her part shall be equally be divided one half of which shall revert to MANLEY NANCY EASTERLING & her heirs. and the other half to be equally divided between her living Brothers aforesaid.-------

Lastly, I do hereby nominate and appoint my trusty & well beloved friends MOSES PARKER SEN., & THOMAS STUBBS sole Executors of this my last will & Testament hereby revoking and making void all and every other will and wills at any time heretofore by me made and do declare this to be my last will & Testament. In Witness whereof I have hereunto set my hand and Seal, the fifteenth day of August in the year of our Lord one Thousand eight hundred & fourteen

Signed, Sealed declared & published by the above named WILLIAM BENNETT as & for his last will & Testament.

William Bennett (LS)

The above interlineations therein being first made namely the words one feather bed & furniture (interlined) & the words at the death of my wife interlined as and for his last will & Testament. In the presence of us who at his request & in his presence have subscribed our names as witness.


WM. BRISTOW
THOMAS LESTER
D. MONTGOMERY

Recorded in Will Book A page 81
Recorded 13 th Oct. 1814
Recorded by WM. EASTERLING Ordy, M. D.
Case 1------Box 12


~~~

Will Abstract for William Bennett III, taken from an uncited page scan.

Page 117. William Bennett - May 18, 1840. Oct. 1840. Wife, Susannah. Sons: Isham, William, Risten, James, Nevil, Lemuel and Cary Bennett. To Risten my interest in Widow Birmingham's dower land (Downer Birmingham deceased), near Douglas' old white house. Daughters: Nancy, Rocksy Flake (John) at the death of her grandmother, Mary Dunn, duaghter Susan Little (George), Mary Gaddy (Joe) and Nancy Jane Bennett (under 18). Executors: Lemuel Bennett and son-in-law George Little. Witnesses: Gideon B. Winfree and Elijah Covington.


~~~

Will Abstract for Neville Bennett Sr, son of William Bennett Sr, taken from an uncited page scan. It appears he had no children although he styles himself as "Senr."

Nevill Bennett, Senr. - June 6, 1820. Beloved wife. Nephews: William and James Bennett, sons of my brother James Bennett, and to John Chester, who lives in Tennessee, son of Elizabeth McHenry. Grand-nieces Elizabeth and Sarah Bennett, daughters of James Bennett, Senr. Grand nephew Nevil Bennett . . . Land to Cary or Macajah Bennett, son of William. To Roxie and Susan Bennett, daughter of William N. Bennett, and to Elizabeth and Mary Covington, daughters of Simon Covington. Executors: William N. Bennett and James Bennett. Witnesses: Martin Pickett and John King. Pro. Oct. 1820.