Will of SARAH I. MCFADDEN
State of South Carolina
Sumter District -- Know all men by
these Presents, that I, Sarah I.
MCFADDIN, wife of Joseph McFADDIN, of
this District and State aforesaid, by
virtue and in pursuance of a power
conferred in the Deed of Indenture, or
marriage Settlement, executed previous
to our marriage, to wit, on the 13th
day of May in the of Our Lord 1851, do
hereby make this my last will and
testament, in manner and form following.------------viz------------------
First ----I give to my Sister, Susanna
SCARBOROUGH, My negro woman, Ten?h,
provided I shall leave issue alive at
my death: otherwise to be disposed of
as herinafter directed.
Second ----I give to my sister, Sophronia
FLEMMING, in trust for the sole
and separate use of my neice, Mary Anna
FLEMMING, my negro Girl, Betsey, and
her future issue and increase. But should my said niece depart this life
without leaving any issue alive, the
said negro and her issue to be equally
divided between the children of my
brother, John B.[?] FLEMMING, who may
survive her.
Third ----I give, devise and bequeath
all the rest of my estate, of, what
kind soever it may consist, to each of
my issue if any, as i may leave alive
at my death, my children, if more than
one taking equal shares, and the
issue of a child then deceased, if any,
taking among them the Share to which
each deceased child would have been
entitled, if alive.----Should any of my
children die under the age of twenty
one years and without leaving issue,
the Share of such child to be divided
among the survivors, as above
directed:------Should any of the issue
of a deceased child, above provided
for, do die under the age of twenty one
years, without leaving issue, the
share of such issue, so dying, to be
divided among the other issue, (if any)
of such deceased child, and if there be
no other such issue, then such share
to be divided among my surviving
children as above directed. ----But should
none of my issue, above described and
provided for, whether children or the
issue of a deceased child, live to the
age of twenty one years, or dying
before attaining that age, leave issue,
then I give and bequeath to my
husband, Joseph S. MCFADDIN the
following nine negroew, viz, Sary, Benjamin,
Sally, Peter, Mingo, Elias, Isham, Sam,
and Satira, together with the future
issue and increase of the females: and the rest and residue of my negroes I
give to my sister, Sophronia FLEMMING,
in trust for the use of the children
of my brother John B. FLEMMING , with
the powers expressed in the following
clause-------------
Fourth----Should I leave no issue alive
at my death I give to my husband the
nine negroes named in the preceding
clauses, and their future issue and
increse:---and the rest and residue of
my negroes I give to the aforesaid
Sophronia FLEMMING, in trust, as
aforesaid,-----the said Trustee to have the
charge and management of the said
negroes for the use and benefit of the
said children, and be empowered, of, in
her judgment it would be for the
benefit, or necessary for the support
or education of the said children, to
sell or exchange any of the said
negroes.------------------------------------------------------
Fifth----Should I leave no issue alive
at my death, I give Anna, Lawrence
and James, with the future issue and
increase of the said Anna, to my
sister, Susanna R. SCARBOROUGH during
the term of her natural life, and at,
the death of my said Sister, the said
negroes and their future issue and
increase to be equally divided between
the children of my brother, John B.
FLEMMING, to be held in trust for them
by my sister, Sophronia FLEMMING,
with the powers below expressed, and
the rest and residue of my negroes I
give to the aforesaid Sophronia
FLEMMING, in trust, as aforesaid, the said
Trustee to have the charge and
lmangaement of the said negroes for the use
and benefit of the said children, and
to be empowered, if in herjudgment it
would be for the benefit necessary for
the support or education of the said
children to sell or exchange any of the
said
negroes.-----------------------------------
Sixth----I appoing my husband, JosephB.
MCFADDIN, Executor of this my last
will.-------In witness whereof I have
hereunto subscribed my name and
affixed my seal, this 15th day of May
in the year of our Lord one thousand
eight hundred and fifty two
Sarah I. MCFADDIN (SEAL)
The above instrument was subscribed by
the said Sarah I. MCFADDIN in our
presence, and acknowledged by her to
each of us and she at the same time
published and declared the above
instrument so subscribed to be her last
will and testament; and we at her
request and in her presence have signed
our names as witnesses hereto, (the
words "for the benefit or having first
been inserted in the 23rd line of this
page.)
John J. SHAW
Wm. SHAW
Wm. H. SHAW
Recorded in Will Book D 2 Page 405
(Recorded Dec. 21 1852)
W. Lewis Ordy.
Bundle 127 Pkge 15