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