Malachi BRIGMAN, 1856
Contributed by Terri Brigman England, 18 March 2000Will of Malachi Brigman Marlboro, SC, 1856 Book of Wills, Page 349 (Transcribed 3/2000 from the original by Terri Brigman England) The State of South Carolina, I, Malachi Brigman, of the District of Marlborough in the said State, do hereby make, ordain and declare this for my last Will and Testament, in manner and form following, hereby revoking and making void all former wills by me at any time heretofore me made. After my debts are paid, I wish the following disposition made of my property and affects: Item 1st:- To my wife Celia Jane I give and bequeath two feather beds, my carriage, sideboard, six sitting chairs, a note I hold on R.c. Emanuel for about $200, a yellow horse, and a mare named Flora - the horse and mare to be for the use of my unmarried daughters also, as long as they stay with her: also two cows and calves, and two sets harness. Item 2nd: To my children by my present wife, John L. and Rebecca Jane, I give, bequeath and devise a negro woman named Harriet, her child named Henry and all her future increase, to each an equal share; also what I consider to be an equal share of the 1200 acres tract of land where I reside, that is to say, so much of the said tract as lies south of a line to be drawn from the Cheraw Road to the Alston line, running paralel with the Lumberton Road just half way between the said road and Chesley Brigman's house; the said negroes and land subject to the use and enjoyment of their mother, my said wife, during her life and widowhood. Which provision, to-gether with the legacy before mentioned, is to be in lieu of her dower. The said land I also intend as a home for my unmarried daughters while they may choose to reside there. If one of the said children, or both of them, should die before their mother, then his or her or their part to go to the children of my first wife, to vest as the rest of their property does. Item 3rd:- To each of my two daughters, Charlotte and Laura Jane I give and bequeath a good feather bed and furniture and two cows and calves. Item 4rh:- To my son Chesley D. Brigman, to him and his heirs forever, I give and devise another third part of the tracts of land before mentioned, lying between the Cheraw Road and the Alson line, and between the north line of the land already devised to John L. and Rebecca Jane and another line drawn parralel with the Lumberton Road between the said Chesley's house and Evander Brigman's house (field meant.) Item 5th:- To my son Malachi Evander Brigman, to him and his heirs forever, I give and devise another third part of the same tract of land, lying between the last line mentioned and Danl McInnis land, and between the Cheraw Road and the Alston line. Item 6th: - To my sons Chesley and Evander jointly, to them and their heirs forever, I give and devise fifty acres of land on which my Mill stands. Item 7th: - I give, bequeath and devise to my two sons Chesley D. and Malachi E., and to the survivor of them, to his and their heirs, six shares of my entire estate equal to the shares of my other children by my first wife (which I intend shall all be equall) In trust nevertheless, that they permit my daughters Rachel Cole, Irene Broach, Elizabeth Ann Sanderson, Charlotte Brigman and Laura Jane Brigman to have the use, prossession and enjoyment of their several shares in property, provided as many of my said daughters as reside out of the state give bond with security that their parts shall be subject to the provision of this my last will and testament; parts shall be subject to the provision of this my last will and testament; and if in cash, that my said trustees pay the interest annually to them; the said property not to be in any wise subject to the debts or contract of their husbands. When each of my said daughters dies, my said trustees are to convey the mother's shares, whether in property or money, to her child or children as they arrive at full age. Should any of my above mentioned daughters die without child, then her share to go to my other children by my first wife to vest as the rest of their property does. Item 8th: - I give bequeath and devise to my son Malachi Evander Brigman, and his heirs, a share of my estate equal to the shares of my first children, In trust that he hold the same for the use of my daughter Narcissa Paul if she should survive her husband Van Paul, and at her death that he convey the same to her children; and that in the mean time he keep her from suffering. Item 9th:- The child of Rachel Cole born before her marriage to have an equal share with her other children. Item 10th:- I desire that my tract of 500 acres of land in Marion District just above Little Bluff on the Peedee River be sold by my executors, on a credit of two or three years. Item 11th:- It is my will and desire that all my children by my first wife share equally in my property, either in prossession or beneficially as hereinbefore provided, and that my executors appointed suitable persons to ascertain the share of each and bring them to equality by valuation, and requiring those who receive more to pay to those who receive less, which division is to be equally valid and binding as done by order of any Court of Law or Equity. Item 12:- Should any of my children, that is, any of my sons, daughters or their husbands, attempt in any manner to form to break this my last will and testament; it is my will and desire that they receive nothing more than one feather bed apiece and two cows & calves; and the share that I have devised or bequeathed to such child or children, I devise or bequeath to be equally divided among my other children. Lastly:- I do hereby nominate, constitute and appoint Robert G.W. Hodges, Chesley D. Brigman, Malachi Evander Brigman and Donald Matheson executors of this my last will and testament. Item:- In the legacy I leave for John L. and Rebecca Jane, mentioned in the second item, I do hereby include a negro man named Willis, which is there omitted, to vest as the property there in mentioned. In witness whereof, I the said Malachi Brigman, the testator, have hereunto set my hand and seal the ninth day of March in the year of our Lord one thousand eight hundred and fifty-six. Malachi Brigman Signed, sealed & declared by the said Malachi Brigman the testator, in the presence of us, who in this presence, and in the presence of each other, have hereunto subscribed our names as witnesses. P.A. Berry, Thomas Brigman, B.C. Brigman
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