WILL OF HENRY BRITTON

 

 

The State of South Carolina

 

Sumter District I HENRY BRITTON ofthe district and State aforesaid do hereby make my last will andtestament in manner following: to wit:

1st Upon my first marriage there was a settlementmade of certain property, to certain uses and with certainlimitations therein exprefsed, which I suppose, but do not knowpositively, not having the said deed or a copy thereof in mypofsefsion, secured the said property so settled to my children whoare the ifsue of that marriage; this if so, is in accordance with mywish and requires no confirmation by my will, but if from any causethe said settlement does not secure the said property to my saidChildren, or if by the said settlement I have any right ofdisposition, or power of appointment of the said property I herebydeclare it my Will, that the property aforesaid shall go to my saidchildren by my first marriage to be equally divided between them, theifsue of such of my said children as are dead leaving ifsue torepresent such deceased children respectively and to take theirshares thereof, my said children to have this pofsefsion use andprofits of their shares thereof respectively during their lives andafter their death that the same be equally divided among suchchildren as they may leave alive at their death.

2nd To my son JAMES H. BRITTON I have advancedthe sum of five hundred dollars to aid him in purchasing the land onwhich he now lives, this said sum I hereby release to him and givehim the same absolutely.

3rd To my son FRANCIS G. BRITTON I hereby giveand devise the tract of land which I have laid off to him and onwhich he now lives, for the term of his life, and after his death tohis children then alive and the ifsue if any, of any of his childrenwho may then be dead, such ifsue to represent such children and taketheir shares respectively.

4th To my daughter ELIZABETH DELORME, I give anddevise the tract of land which I have laid off to her and put herhusband and herself in pofsefsion of, to and for her sold andseparate use during her life and after her death to her childrenequally, the ifsue of a deceased child if any, taking myrepresentation the share of such deceased child.

5th All the rest of my property of everydescription I will to be visible property in such manner as theyshall think most advantageous; out of the proceeds of which togetherwith what money I have in hand and what may be due to me I wish mydebts to be paid---and the residue I give to my children by my secondMarriage to wit ALWIN SYDNEY, SARAH ANN and SUSAN JANE; to be put intheir pofsefsion upon their respectively arriving at the age oftwenty one years or marrying the shares of SARAH ANN and SUSAN JANEto be to their sole and separate use in case of their marriage fortheir lives respectively and after their death to their children; theifsue of a deceased child if any taking by representation the shareof such deceased child; but should either of them leave no ifsuealive at her death, then her share to go to the others of my saidchildren by my second marriage, the ifsue of either of them who maybe dead taking by representation the share of such deceased child;but should either of my said children die before the time directedfor the payment of his or her part or share it is my will that suchpart of share shall be divided according to the acts now of force inthis state for the distribution of the estates of intestates.

6th and lastly, I hereby nominate and appoint myfriends JOSEPH B WHITE, LEONARD WHITE and DOCTOR THOMAS M. DICKexecutors of this my last will; and guardians of my children ALWINSYDNEY, SARAH ANN, and SUSAN JANE.

In Witnefs whereof I have hereunto set my hand andseal this twentieth day of July in the Year of our Lord one thousandeight hundred and forty two.

Signed sealed published and declared H.BRITTON (SEAL)

By the testater (sp?) as his last will andtestament

On the day above written in our presence whohave

Subscribed our names as wifnefses in hispresence

 

WILLIAM BURROWS (Recorded in Will Book D 2pge 63)

JOHN A. COLCLOUGH (Recorded Sept. 19th,1842)

WILLIAM HAYNSWORTH W. LEWIS, O. S.D.

Bundle 109 Pkge 8