WILL OF
NATHANIEL S. McCALL
The State of South Carolina
In the name of God. Amen I Nathaniel S. McCall of the District of
Marion in the State aforesaid Planter, being sick and weak in body but of
sound mind memory and understanding do make this my last will and testament,
as follows--
Firstly. It is my will and desire that my whole Estate shall remain undivi-
ded, until after my son William shall have attained the age of twenty one
years, or until a division and partition of my property (in the manner here-
inafter pointed out) shall have been made by order from the court of Equity;
my Executors and Executrix herenafter named in the mean time, to have the
management of my whole Estate to receive the rents and profits arising there-
from, to provide handsomely for my family, to pay the family and plantation
Expenses annually, and to let out the surplus funds at interest
Secondly I give bequeath and devise to my wife Sabrina, The plantation on
which I now reside for and during the term of her natural life, and after
her death to my children George William John and Sarah Elizabeth, to be di-
vided Equally among them. share and share alike. but in the Event. that
one or more of my children may be dead at the time of the death of my wife,
leaving a child or children living at the time of the decease of my wife
then, the child or children of such my deceased child or children to take
the share or shares which his her or their parent or parents would have been
Entitled to if he she or they had been living at the time of the death of
my said wife; and in case that one or more of my children should pre-decease
my said wife leaving no child or children living at the death of my said
wife then the share or shares which my deceased child or children would have
been Entitled to. if they had survived my wife to be Equally divided among
my children who at the time of the decease of my wife may be living; The
said plantation however not to be held and Enjoyed by my wife, in severalty,
until my children William John and Sarah Elizabeth shall have Each of them
received and withdrawn from the bulk of my Estate the parts and portions of
my Estate hereinafter given bequeathed and devised to them and each of them
I also give and bequeath to my said wife Two negro girls named Maria
NATHANIEL S. McCALL'S WILL PAGE 2
and Winney also my household and kitchen furniture, my carriage and a pair
of horses, which said personal property is to be received held and Enjoyed
by my wife on the same terms and in the same manner as is hereinafter pro-
vided of and concerning the property hereinafter given bequeathed and de-
vised to her.
Thirdly I give and bequeath to my Brother James S McCall the following ne-
groes Prince and his wife Clarinda and their seven children In Trust, Never-
thelefs, that my said Brother James will receive hold and manage the said
last mentioned negroes for the benefit of my daughter Sarah Elizabeth on
the same trusts terms conditions and limitations as is hereinafter provided
of and concernin the property hereinafter given bequeathed and devised to
the said James S. McCall in Trust for my said Daughter
Fourthly It is my will and desire, that, before the Commifsioners who may
be appointed by the court of Equity proceed to divided my negroes, they se-
lect from among my negroes, two young negro girls, about fifteen years of
age, one of which is to be allotted to my son William, the other to my son
John; which negro so allotted to my son William he is to receive hold and
Enjoy on the same terms and in the same manner as is provided hereinafter
of and concerning the property hereinafter given bequeathed and devised to
him; and which said negro so allotted to my son John he is to receive hold
and enjoy on the same terms and in the same manner as is hereinafter provided
of and concerning the property hereinafter given bequeathed and devised to him
Fifthly I give and bequeath to Joseph H Thomas a nephew of my wife a negro
girl named Elmira with her future increase but if the said Joseph should die
without leaving a child or children him surviving the said negro Elmira to be
sold and the proceeds to be Equally divided among my wife and my children,
but if my wife should be dead at the time of the death of said Joseph then
the proceeds from the sale of said negro to be Equally divided among my child-
ren George, William John & Sarah Elizabeth (in such division the child or
children of my deceased child or children to represent his her or their parent
or parents)
Sixthly It is my will and desire that, after my son william arrives at the
age of Twenty one years (or in case of his death, then, at such time as he
would have attained the age of Twenty one years if he had lived) a Bill shall
NATHANIEL S. McCALL'S WILL PAGE 3
be filed in the court of Equity for a division and partition of the Residue
of my Estate both real and personal and of Every Kind and description what
soever not hereinbefore specifically given bequeathed and devised, and I
trust that the Honorable court of Equity will so order it that the said resi-
due of my Estate shall be valued and appraised by commifsioners to be ap-
pointed by the said Court, so that the said Residue may be allotted to and
among my wife and children in such parts and portions as is hereinafter given
bequeathed and devised to them and Each of them
SEVENTHLY It is my will and desire after the division and partition of such resi-
due of my Estate shall have been made by order from the said court that my
Executors and Executrix shall allow my son William (if he desire it) to take
have and Enjoy in severalty and to withdraw from the Bulk of my Estate that
part or portion of my real and personal Estate hereinbefore and hereinafter
given bequeathed and devised to him: and it is my wile and desire that my
said Executors and Executrix after giving off to my son William his share
of my property as above stated wile than keep the remainder of my property
together and manage the same as directed in the first clause of this my wile
Eighthly. It is my wile and desire that my Executors and Executrix soon after
my daughter Sarah Elizabeth attains to the age of Twenty one years or marries
(division and partition of the said Residue of my Estate first having been
made by order from the said court) will allow my said Brother James S. McCall
Trustee for my said daughter Sarah Elizabeth to take and hold for the uses
and purposes hereinafter mentioned that part and portion of my Estate herein-
before and hereinafter given bequeathed and devised to the said James S. McCall
in trust for my said Daughter, and it is my wile and desire that my Executors
and Executrix after the withdrawal of the said James S McCall of that part or
portion of my Estate given bequeathed and devised as aforesaid to the said
James S McCall in trust as aforesaid will keep together the remainder of my
property and manage the same as directed in the first clause of this my will
Ninthly It is my wile and desire that soon after my son John arrives at the
age of Twenty one years my Executors and Executrix wile allow my said son John
to take have and Enjoy in severalty, that part or portion of my Estate herein-
before and hereinafter given bequeathed and devised to him (division & partition
NATHANIEL S. McCALL'S WILL PAGE 4
of the said Residue however, having first been made by order of said court).
Tenthly, as to the said Residue of my Estate both real and personal and of
Every Kind and description whatsoever not hereinbefore specifically given
bequeathed and devised, It is my will and Desire that the same be divided
into four Equal parts, one part thereof, that is to say, one fourth part of
the said Residue I give bequeath and devise to my wife Sabrina and she is
at liberty to give the one fourth part of the said Residue or any portion
of the same together with the personal property given to her by the second
clause of this my will or any part thereof, to any or either of my children
by deed duly Executed in her lifetime or by her last wile and testament,
But if my said Wife should die, without having disposed of the said property
in this clause mentioned by Deed or by wile (as aforesaid) then the said
property or so much thereof as may remain undisposed of by my said wife, to be
Equally divided among my wifs children (in such division the child or children
of a deceased child or children to represent his her or their parent or parents-
Eleventhly, One other one fourth part of the said Residue of my Estate I give
bequeath and devise to my son William for and during his natural life and after
his death to be Equally divided among the children of the said William, who
may survive him, But in the Event that the said William should die without
leaving a child or children him surviving, then the said property together
with the said negro given and bequeathed to the said William in the fourth
clause of this my wile, with the increase of the said nego to be Equally di-
vided among my wife sabrina and my children George John and Sarah Elizabeth,
and if my son William should die without leaving a child or children him sur-
viving and my wife should be dead at the time of the death of my son William
then the said property to be Equally divided among my children George John
and Sarah Elizabeth, (in such division the child or children of a deceased
child or children to represent his her or their parent or parents.
Twelfthly, Another one fourth part of the said Residue of my Estate I give
bequeath & devise to my son John for and during his natural life and after his
death to be Equally divided among the children of the said John who may survive
him, but in the Event that the said John should die without leaving a child or
children him surviving, then, the said property, together with the negro given
NATHANIEL L. McCALL'S WILL PAGE 5
& bequeathed to the said John in the fourth clause of this my wile to be
Equally divided among my wife Sabrina and my children George William &
sarah Elizabeth, and if my son John should die without leaving a child or
children him surviving and my wife shale be dead at the time of the death of
my said son John, then, the said property to be Equally divided among my
children. George William and Sarah Elizabeth (in such division the children
of my deceased children to represent their parents)
Thirteenthly. Another one fourthpart of the said Residue of my Estate I give
bequeath and devise to my brother James S McCall, in trust Neverthelefs and
for the following uses and purposes, that is to say, that he he will receive
and manage the same together with the negroes/hereinbeforegiven and bequeathed to the
said James in trust for my daughter, for the benefit of my said daughter Sarah
Elizabeth and that he will pay over to my said Daughter during her life and
after her death to her children the clear yearly rents and profits arising
from the said property. The said preperty not to be subject to the debts in-
cumbrances aleinations or adverse control of any Husband which my said daugh-
ter Sarah Elizabeth may hereafter have, But should my said daughter Sarah
Elizabeth die without leaving a child or children her surviving then the said
property to be Equally divided among my wife Sabrina and my children George
William and John, and should my said Daughter die without leaving a child or
children her surviving and my wife Sabrina should be dead at the time of the
death of my said daughter then the said property to be Equally divided among
my children. George William and John (in such division the children of my
deceased children to represent their parents)
Fourteenthly Whereas it has pleased the Almighty to afflict one of my child-
ren to wit, George A McCall with lunacy, and I am advised by Physicians that
it is more than probable that he will never recover or be again of sound mind,
Therefore in order that he may during his life have a certain support, I do
hereby give and bequeath to Moses S McCall, his Executors and administrators
the sum of four hundred dollars to be paid out of my Estate annually during
the life of my said son George or so long as he continues of unsound mind, In
trust however that the said Moses S McCall will apply and appropriate the said
annuity of four hundred dollars if so much be necefsary for the support and
NATHANIEL S. McCALL'S WILL PAGE 6
maintenance of my said son George Either at the Lunatic Asylum or Elsewhere
at the discretion of the said Moses S McCall, (my own wish and desire how-
ever is, that my said son George shall remain where he now is). But as it
is pofsible that my said son George may Eventually regain his understanding
and be again of sound mind, which is to be ascertained by the verdict of
a Jury taken under a writ, in the nature of a writ "De lunatics inquerendo"
Then, and in that Event I give and bequeath and devise to the said Moses S
McCall his Esecutors or administrators, so much of my Estate, to be taken
from the portions hereinbefore given bequeathed and devised to my wife Sa-
brina to my sons William and John and to James S McCall Trustee for my said
Daughter, as will make the part which my said son George wile in that Event
get from my Estate Equal to what Either of my sons wile have remaining after
Each of them have contributed towards making up the share for my said son
George (not including however the negro girls given to my sons William & John
in the fourth clause of this my will or what my said Sons William and John
may get from my wife) In trust, neverthelefs, that he the said Moses S McCall
wile manage the property (which in the Event of my son George regaining his
understanding he wile be Entitled to as trustee for my said son George for the
benefit of the said George and pay over to the said George or to the children
of the said George, the clear yearly income and profits arising from the said
property, But in the Event that my said son George (if he should ever regain
his understanding) should die without leaving a child or children him sur-
viving then the property given bequeathed and devised for the use of the said
George to be Equally divided among my children William John and Sarah Eliza-
beth - in such division the child or children of my deceased child or children
to represent his her or their parent or parents
Fifteenthly It is my wile and desire that my son George shall receive no
part of the Estate of my wife after her death, or of any or Either of my
children after their death in case my child or children should die without
leaving a Child or children him her or them surviving, whatsoever may be
hereinbefore Stated to the contrary notwithstanding, unlefs prior to the
death of my said wife or of any or Either of my children the said George shall
have regained his understanding and become sane. It being my belief that the
NATHANIEL S McCALL'S WILL PAGE 7
aforesaid annuity of four hundred given & bequeathed to the said Moses S Mc
Call in Trust as aforesaid wile be amply sufficient for the support and main-
tenance of my said son George so long as he may continue of unsound mind
Sixteenthly It is my wile and desire that if my said Brother James S McCall
Trustee for my daughter Sarah Elizabeth shall be desirous from ill health or
otherwise, of giving up the trust hereinbefore imposed upon him that, my son
John if then of age will take the proper steps to have himself substituted as
such Trustee in the place of the said James S McCall And if the Said Moses
S McCall Trustee for my said son George shall for any cause be desirous of
giving up the trust hereinbefore imposed on him it is my will and desire that
my said son William wile take the proper steps to have himself substituted as
such Trustee in the place of the said Moses S Mccall
Lastly I do hereby nominate my Brother Moses S Mccall, my friend William
Mccall and my wife Sabrina Mccall the Executors and Executrix of this my
last will and testament and it is my particular desire that they wile qualify
under it and carry out my intentions and wishes as are hereinbefore exprefsed
In witnefs that this is my last will and Testament I the said Nathaniel S
McCall have hereunto set my hand and Seal to this the sixth sheet and twelfth
page of this my last will and testament and my hand to the second fourth sixth
and tenth pages of this my last wile and testament This the 28th day of Nov-
ember in the year of our Lord one thousand Eight hundred and forty Eight-
Signed Sealed published and ) Nath. , McCall (SEAL)
declared by the above named )
Nathaniel S Mccall as his last )
wile and testament in the pre- )
sence of us who have hereunto )
Set our hands as witnefses there)
to, in the presence of the said )
Nathaniel and of Each other The )
word ("wife") on the sixth page )
being first above Stricken out, )
and the word "hereinbefore" on )
the Eighth page being first a- )
bove interlined
T B Haynsworth
S A Lane
Thos. M. Lane
Recorded in Will Book 2, Page 109
Sworn to on May 12, 1849
Edward B. Wheeler, Ordinary
Roll No. 559
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