Will of Martha Scarborough

 

South Carolina

Sumter District

        

In the name of God Amen--I Martha Scarborough of the District and State afore said. being

sound in mind and calling to memory that it is appointed for all men to die, do after Commending my Soul to him who gave it declare this to be my last will and testament--‑

  In the first place I desire my body to be decently buried in a christian like manner, and all my Just debts paid---

  My worldly Estate I dispose of as follows—to wit,

Item 1st I give and bequeath to my son Briant A. I. Scarborough, all my land and plantation whereon I now liv to him and his heirs forever---

  Item 2nd  I give and bequeath to my Brother Simon Kelley in trust for my daughter Jerusha Jossey the three following named negroes and their future increase‑- (to wit) Ann. and her two youngest children. Viz Henry and Malicy. in trust as afore said of my daughter aforesaid during her natural life and after her death to her children the same and the profits thereof to be in nowise subject to any contracts or debts of any husband She may have--

  Item 3rd  I give and bequeath to my brother Simon Kelley, The three following named negroes to wit, Tobitha, and her two youngest children (Viz) Harry & Bina & their future increase in trust for my daughter Savina Kelley the same and the profits thereof to be in nowise subject to any contracts or debts of any husband she may have--

  Item 4th  I give and bequeath to my Brother Simon Kelly, one negro girl by the name of Minda and her future increase in trust for my daughter Martha Scarborough the same and the profits thereof to be in nowise subject to any contracts or debts of any husband she may have‑‑‑also I will and direct my Executors when my daughter Martha arives to the age of twenty one years, or at the time of her marriage should she marry before that period, to invest in negro property, the amount of seven hundred dollars and the interest thereon from the first of January Eighteen hundred and forty nine, and then the said negro or negroes when purchased. to in like manner

(with their increase) as the above named Minda,

Item 5th  I give and bequeath to my son Briant A. I Scarborough, one negro boy by the name of Dick to him and his heirs forever--also I will and direct my Executors to pay over to my son above named when he arives to the age of twenty one years the sum of seven hundred dollars and the interest thereon from the first of January Eighteen hundred and forty nine---                       Item 6th  My will and desire is for the residue of my property not heretofore disposed of to be applied to the support and education of my two children. Viz Martha and Briant, until they arive to the age of twenty one years, or should marry--then should there be a surplus left of the said residue for the same to be equally divided between my four children for them to share and share alike.

Item 7th  I will and direct that should Either of my Minor children, Martha, or Briant die without a lawful Issue then & in that case the portion of the one so dying to be Equally divided between

my lawful heirs and the portion so coming to my daughters for the little to be Vested in the Trustee above named and applied in the manner and form‑ as that I have already given them‑‑

Item 8th  I here by nominate Constitute and appoint my friends, Alfred Scarborough & John W Stuckey my Executors to this my last Will and testament, In witnefs whereof I have here unto set my hand and seal this the Eleventh day of May one thousand Eight hundred and forty Eight--

The words (their future increase) interlined between the fourth & fifth lines of the third Item before signing.--

 

        her        

Martha x Scarborough (SEAL)         

        mark

        

Signed published & delivered by the said Martha Scarborough to be her last will & testament in the presence of us who have hereunto subscribed our names as witnefses in the presence of the testator and of each other--         

J A Moore

J L Dixon                     

George x Rowell         

x his Mark

                     

Recorded in Will Book D-2, Pge 282

Recorded 28th Day of June 1848

W. Lewis Ordy

Bundle 132, Pkge 8 A