Will
of Richard Ragin
State
of South Carolina)
Sumter
District )
I
Richard Ragin of the said District and State, being of Sound mind and memory
& considering the uncertainty of life have determined, while in the full
possession of my faculties to mak such a distribution of my worldly estate as
my affections prompt me to, and as my judgement approves; and do therefore,
make ordain, publish and declare this to be my last will & Testament: that
is to Say‑‑‑
First--I
desire all my just debts, if I should owe any at my death to be paid----- Secondly--It is my will that
after the payment of my debts as above directed, my whole estate both real and
personal be kept undivided, & managed by my executors herein after named
for the joint use, Support and education of my grand Son Jon Richard R Briggs and my grand Daughter Ann R Briggs, until my
said grandSon shall attain the age of Twenty one years, at which time I desire
my whole estate both real & personal to be equally divided between them
share and share alike, Should they both be living, or if either Should be dead
leaving issue alive, the issue to take the Share of the deceased parent as
under the acts for the distribution of the estates of intestated‑‑‑Should
either of them be dead at the period above, designated without leaving issue
alive, or Should either of them at anytime depart this life without leaving
issue alive the Survivor of them Should therebe a Survivor, or if not the issue
then alive of the other, Should there be such issue, to take the share of the
one So departing this life, without leaving issue as aforesaid----
Thirdly--It.
is my will that the share of my estate which Shall be assigned to my grand
Daughter above named in the division above directed or which shall fall to her
by the limitations of this my will upon the death of her said Brother should be
die without leaving issue alive, Shall be held during her life by the Trustees
herein after named and appointed, their heirs executors & administrators for
the sole and separate use of my said grand Daughter and not to be Subject
to the debts charges, incumbrances or alienations of any husband whom she may
Marry, & after her death Should she
leave issue alive, her said issue to take the said estate as under the acts of
force in this State for the distribution of the estates of Intestates, but
should she not leave issue alive at her
death the said estate to be subject to the other provisions of this my will.--
Fourthly--Should
both of my said grand children die without leaving issue alive, or if at the
death of the Survivor there Should be no issue of either of them alive, it is
my will that the said estate
left
by the said Survivor Shall be disposed of as follows, that is to say: Should my
Said Grandson be the Survivor and be of the full age of Twenty one years, he
shall have power to dispose of one half of his portion of the said estate by
will duly executed; the remainder of the Said estate in that case--and in case
of his omission to make such disposition of the one half thereof, the whole
thereof to be divided into four equal parts as aforesaid in case my said grand
Daughter shall be the survivor and shall die without leaving issue of either of
them as aforesaid; and one of the said equal fourth parts or parcels, I give
devise and bequeath to Dr. Thomas W Briggs his heirs executors and
administrators forever--one other fourth part thereof to be divided into five
equal parts, of which I give one part to Dr. John S Felder if living at the
time, if not to his children, The issue of a deceased child if any,
representing & taking the share of such deceased child another fifth part
thereof I give to Dr. William L Felder if living at the time, if not, to his
children the issue of a deceased child to represent and take the share of the
parent as above, another fifth part thereof I give to James R Felder if living
at the time, if not to his children; the issue of a deceased child to represent
and take the share of the parents above, another fifth part thereof I give to
Virginia Guerry the wife of William C Guerry, if living at the time, if not to
her children; the ifsue of a deceased child to represent and take the share of
the parent as above, and the other fifth part thereof, I give to the children
of Ann E Felder deceased (who married Theodore Brailsford) to them their heirs
executors & administrators‑‑The other two fourths of the said
estate (directed as above to be divided into four parts) I desire shall be
divided to five equal parts; one of which fifth parts, I give to James Ragin if
living at the time, for his life and after his death, or should he not be
living at the time of the said division to his children and issue then
alive--his children if all alive to take equally and the issue of a deceased
child if any taking the share of said deceased child‑‑another fifth
thereof I give to David Ragin if living at the time, if not, to his children
& issue then alive to take as above directed under the bequest to the
children of James Ragin--another fifth part thereof I give to ~.lie children
& issue of my deceased Brother John H Ragin then alive to take as above
directed in the clause referred to:----
another
fifth part thereof I give to the issue of my deceased Sister Sarah King as
follows, one half thereof to John R King if living at the time, if not, to his
children & issue then alive to take as above directed; the other half
thereof to the children and ifsue of William King then alive to take as above
directed, and the other fifth part, I give to the children & issue then
alive of my deceased Sister Mary Gayle to take as above directed---Fifthly I
hereby appoint. William C. Dukes Col. Thomas Sehre, William Haynsworth &
John I Ragin, or any two of them, Trustees of my said Grand Daughter Ann R
Briggs, in whom it is my will that the legal estate of the property both real
& personal which may be assigned to her in the division thereof between her
& her Brother or may come to her
upon the death of her said Brother without leaving issue as above provided for,
may vest, to be had and held by them their heirs executors & administrators
Subject to the Trusts conditions, & limitations above expressed in the
third clause of this my will--It is also my will that my said grand Daughter
shall have power, by writing under her hand and Seal executed in the presence
of two competent Witnesses to appoint other Trustees in Substitution of those
above appointed in case of their death removal from the State or desire to
Surrender the said Trusteeship as often as any of those contingencies may
occur--It is also my will that the said Trustees & their Sucessors to be
appointed as aforesaid shall have power out of the profits of the said Trust
estate to expend whatever Sums of money may be necessary for the protection of
the said estate, or for their right and due administration thereof. Sixthly‑‑I
hereby make constitute and appoint my friends William C Dukes, Col Thomas
Sehre, William Haynsworth & John I Ragin, or any two of them to be
executors of this my last will and testament, hereby revoking & annulling
all former wills by me made----
In
witness whereof I hereunto Subscribe my name and affixed my Seal this Seventh
day of March in the year of our Lord one Thousand eight hundred & fifty
three
Richard
Ragin (SEAL)
Acknowledged
published & declared by the said Richard Ragin as his
last
will & testament to us who in his presence & at his request, & in
the
presence
of each other have hereunto Signed our names as witnesses
R.H.
Watt
W.
H. Bochett Junr
Charles
henry
Codicil
State
of South Carolina)
Sumter
District ) I, Richard Ragin,
Planter, of the said District. and State, being of sound and disposing mind, do
make, ordain and publish the following codicil as a part of my last will and
testament dated seventh day of March in the present year; that is to say, I
revoke the words as aforesaid in the end of the eleventh line of the clause of
the said will which commences with the word “Fourthly” :‑‑‑‑‑‑and
I wish to be taken as inserted before the first word in the twelfth line of the
said clause the following words “and such division into four equal parts shall
also be made: I desire also clearly to express my will, that no Guardian that
may be appointed for my Granddaughter shall direct the trustees named in my
said last will and testament, or that may be substitutes according to the
provisions thereof, of the possession and control of any of the estate interest
or property vested in them, for the benefit of my said grand daughter, by the
said last will and testament....
In
witness whereof I have hereunto set my hand and seal this Second day of July
1853‑‑in the year of our Lord one thousand eight hundred and fifty
three
Acknowledged
published & declared by the said Richard Ragin as a Codicil to his said
last will & testament to us who in his presence & at his request have
hereunto signed our names as witnesses
Richard
Ragin (SEAL)
Charles
Henry
R.H.
Watt
W.H.
Bochett Jr
Recorded
in Will Book D-2, pge 450
Recorded
Nov 19th 1853
W.
Lewis Ordy
Bundle
136, Pkge 24