Will of Christopher Fitzsimons of Charleston, 11 April 1831 — naming Elizabeth Porcher Fitzsimons sole executrix
Book 4, Page 7 ·1831–1833
Transcription
The typewritten transcript is paginated as p. 1130 of the source volume. The page bears the header WILL OF CHRISTOPHER FITZSIMONS at top center.
18 H } N 33 } The State of South Carolina. In the Name of God, Amen, I, Christopher Fitzsimons of the City of Charleston and State aforesaid being of sound mind and body, but knowing the insecurity of Life, do hereby make ordain and Establish this my last Will and Testament, revoking all others of what kind or nature whatever. For the purpose of settling all my worldly Affairs, I do hereby nominate and appoint my beloved Wife Elizabeth Porcher Fitzsimons, my sole Executrix giving unto her full power to divide my Estate both real and personal among my lawful heirs, and to have such other proceedings thereon as the Law directs—— I further recommend to my dear Wife that in all matters touching the welfare and prosperity of herself and our Children that she would Consult with my beloved Mother and brother Paul and her respected Mother and Father. Witnefs my hand and Seal this Eleventh day of April in the Year of our Lord Eighteen hundred and thirty one —————
Signed Sealed published C. Fitzsimons (L.S.)
Pronounced and declared by the Testator in our presence to be his last Will and Testament who at his request in his presence & in the presence of each other have hereunto Subscribed our Names as Witnefses thereto
Jno: Fisher Henry O Loane Paul Fitzsimons
Proved before James D Mitchell Esq O. C. T. D. 20th March 1833
19th April 1833 Qualified Elizabeth Porcher Fitzsimons Executrix
J.D.M.
Recorded in Will Book 1826 - 1834 Book G Recorded on Page 668.
Source: Charleston, South Carolina probate Will Book G, 1826-1834, page 668. Typewritten transcription reproduced from FamilySearch image 939L-JLSM-7L, in the public domain.
AI Notes
The April 11, 1831 will of Christopher Fitzsimons of Charleston — the emigrant’s son, b. Jan 10, 1802, d. Dec 29, 1832 at Lexington, S.C. aged 30 years 11 months 19 days. Cited verbatim on page 025 of the bound albums (Charleston Will Book G, page 668). A short, single-page will: rather than enumerating bequests, Christopher 2nd names his wife Elizabeth Porcher Fitzsimons (née Stoney) sole executrix with full discretion over the estate, and recommends she consult with his mother (the emigrant’s widow Catherine Pritchard FitzSimons) and brother Paul, and with her own parents John Stoney and Elizabeth Gaillard Stoney. Witnesses: Jno. Fisher, Henry O. Loane, and Paul Fitzsimons (the testator’s brother). Proved before James D. Mitchell O.C.T.D. on March 20, 1833; Elizabeth Porcher Fitzsimons qualified as executrix April 19, 1833.
Christopher Fitzsimons the testator is Christopher 2nd — the emigrant’s son, born 10 January 1802, who would die at Lexington S.C. just twenty-one months after dating this will, on 29 December 1832, aged 30 years 11 months 19 days. The will is striking for what it does not say: there are no enumerated bequests, no specific shares for the four young children (Christopher 3rd would have been 5; Peter Gaillard, Catherine Ann, and Paul younger still). Christopher 2nd instead vests his entire estate in his wife Elizabeth Porcher Fitzsimons (née Stoney), naming her sole executrix with full discretion. The “beloved Mother and brother Paul” he asks her to consult are Catherine Pritchard FitzSimons (the emigrant’s widow, then living at her Columbia residence; d. 11 Dec 1841) and Col. Paul FitzSimons of Augusta, Christopher 2nd’s only surviving brother. The “respected Mother and Father” are John Stoney (d. 6 Nov 1838) and Elizabeth Gaillard Stoney (d. 1857) — Elizabeth’s parents at “The Rocks” plantation, both then living. The phrase “knowing the insecurity of Life” is unusual for a 29-year-old man to write; combined with the unusually brief and discretionary disposition, it suggests Christopher knew he was unwell when he made the will. The witness Paul Fitzsimons is the testator’s brother — the same Paul named in the body — making this a closely-held family document. The probate officer James D. Mitchell is a different officer than Charles Lining who proved both the 1782 will of Christopher FitzSimons the uncle (document 2) and the 1791 will of Paul Pritchard the shipbuilder (document 6).