||29 Jul 2005
Will of THOMAS BROUGHTON (Transcribed by Herbert W. Broughton 05/07/98)
In the name of God amen this twenty second day of July in the year of our Lord one thousand and seven and hundred and twenty-five, I Thomas Broughton of the parish of Saint John in Berkley County in the province of South Carolina, Esq., being in perfect health and of sound and disposing mind, memory and understanding, thanks be given to Almighty God for the same, and considering the uncertainties of this transitory life, do make, publish and declare this my last will and testamentin manner and form following. that is to say - Imprimis - I commend my soul into the hands of my blessed Lord and Savior Jesus Christ, hoping through the merits of his death and passion to inherit everlasting and eternal life.
Item - as for the worldly estate both real and personal with which it has pleased Almighty God to bless me with and bestow upon me (except what I have heretofore settled and conveyed), I give devise and bequeath in manner and form and to the severally uses intents and purposes hereinafter particularly mentioned, expressed and declared, that is to say, I give and bequeth to my very loving and affectionant wife, Anne Broughton, the sum of seventy-five pounds per annum Proclamation money for and during the term of her natural life to be paid to her by my executors herinafter named. The first payment to begin and be made on the day twelve months after my decease.
Item - I also give and devise to my said wife, Anne Broughton, the capitol messuage tenement mansion or dwelling house called the Mulberry, with the gardens, orchards, backsides, outhouses, ediffices, and buildings thereunto belonging for and during the term of natural life, together with all and singular the household goods, chattles, plates and furniture therein or thereunto belonging (except the furniture of one room) to hold the same and every part thereof unto my said affectionate wife, Anne Broughton, her Exors, Admors and Assigns forever.
Item - I likewise give and bequeth to my said affectionate wife the several slaves following, that is to say; Jacomo, Bram, Cudges, Lawrence, Indian Billy, Diana, Hannan, Hestor, Grace, Indian Peter, Prince, Betty, Dill, Indian Nance, with Phillis, Scipio, and Almanza, the children of the aforesaid Diana, with their all, each and every of their several issues and increase to have and to hold the said slaves, all, each and every of them unto my said wife, Anne Broughton, to be by her given, bequethed or disposed of by her last will or otherwise to and among her children in such manner as she shall pleased to direct and appoint.
Item - I give and bequeeth to my daughter Johanna Broughton the sum of four hundred pounds proclamation money with one horse and side saddle of the value of thirty pounds of like money, and the several slaves following viz. : One negro woman named Catherincha and one negro boy named Winter, over, above, and besides the negro woman named Lucy, with her increase, heretofore given to my said daughter by the honorable Sir Nathaniel Johnson, Knt., her grandfather, deceased. But in case my sister, Mrs. Christiana Broughton, should, at any time after my death, think fit to come and reside in Carolina, that then and in that case, the aforementioned negro woman named Catherincha is hereby given to her, her heirs and assigns forever and in lieu thereof I give and bequeeth to my said daughter Johanna the sum of forty pounds proclamation money to be paid and delivered to her by my exors hereafter named, with the four hundred pounds and other matters and things before given to her at her age of eighteen years or day of marraige, which shall first happen.
Item - I give and bequeeth to my daughter Christiana Broughton, the sum of four hundred pounds proclamation money with a horse and side saddle, valued at thirty pounds of the same money, and a negro woman named Jenny with her increase over and above the negro woman called Betty and her increase given to her by the said Sir Nathaniel Johnson, which said sums of four hundred pounds, horse, saddle, and negroes I hereby appoint, shall be paid and delivered to her at her age of eighteen years or day of marraige by my said exors.
Item - I give and bequeeth to my daughter Constantia Broughton, the sum of fourhundred pounds proclamation money, one horse and side saddle, of the value of thirty pounds of the same money, and a young negro woman called Abigale and an Indian girl named Doll, with their several increase and issue, to be paid and delivered to her by my executors hereafter named at her age of eighteen years or day of marraige, which shall first happen after my decease.
And my will and desire is that if all, any or either of my slaves, particullary given to my said daughters Johanna, Christiana and Constantia, in manner and form aforesaid, shall happen to die before my said daughters shall severally and respectively attain their several ages of eighteen years or day of marraige as aforesaid, that then and in that case, I do by this, my will, direct and appoint that the slave or slaves so dying shall be made good to each of them, both in respect to number and value, out of the slaves hereafter mentioned, to be given and bequeethed to my three sons Nathaniel, Andrew, and Robert Broughton, before any division be made betwen them of the said slaves.
Item - My further will and desire is that the sum of thirty pounds per annum proclamation money shall by my said exors be annually paid to my said daughters respectively for their support and maintenance til their arrival to the age of eighteen years or day of marraige as aforesaid. And in case my said daughters, any or either of them, shall happen to die before the age of eighteen or day of marraige on which their respective legacies is appointed to be paid to them as aforesaid, that then and in that case the legacy of her or them so dying shall do and remain to the survivor and survivors of them and to my daughter Anne, the wife of John Gibbs, Esq. (if she be then living), equally to be divided between them, share and share alike.
Item - Whereas I am now possessed in my own right of one thousand acres of land situated, lying and being on the head of Ashley River, bounded as followeth, that is to say on the south east on the lands lately belonging to Mr. Andrew Percival and now to (?) Dunning, Esq.. To the southwest on Mr. Richard Bedon's land. To the northwest on lands formerly belonging to Thomas Steers, deceased, and to the northeast on a cypress swamp, which said one thousand acres of land I give and devise to my exors hereinafter named upon this special trust and confidence that they shall so soon as possible after my decease, sell and convey the said lands for the most money that can be got for it, and the money arising by the sale thereof to apply towards paying off several legacies and bequests hereinbefore given to my said daughters Johanna, Christiana and Constantia Broughton.
Item - I give and devise to my youngest son Robert Broughton all that plantation of tract of land containing nine hundred and twenty acres situated and being in Berkeley County and hath such form, shape, marks, and marked treest butting and bounding as is particularly mentioned, laid down and distinguished in the deleniated plot annexed to the grant thereof made to the said Thomas Broughton and bearing date the second day of February which was in the year of out Lord one thousand seven hundred and five. And also all that other plantation and tract of land adjoining to the forgoing and situated in Berkeley County aforesaid plantation of nine hundred and twenty acres and to the northeast and south west to landsnot laid out at the time of the making of the plot thereof containing two hundred and ten acres and hath such form, shape and marks as in the said plot is particularly mentioned and expressed which said several tracts of land doth contain in the whole eleven hundred and thirty acres and is now laid together and called by the name of Mount Pleasent, to hold the said plantation unto my said son Robert Broughton, his hiers and assigns forever. And in case the foregoing land so given as aforesaid to my son Robert Broughton shall not be impowered or titled as a good convenient dwelling house and other buildings neccesary for a plantation built thereon before my decease, then and in that case I will and appoint that my executors shall layout and expend the sum of two hundred and fifty pounds proclamation in building a convenient dwelling house and other needful buildings fit for my said son Robert to enter thereon at his arival to the age of twenty one years and in case all the said sum of two hundred and fifty pounds shall not be expended in manner and form aforesaid at the time of my said son shall attain the age aforesaid, then and in that case my will is that my said executors shall pay the residue of the two hundred and fifty pounds so intended to be laid out as aforesaid unto my said son. To my aforesaid son Robert Broughton the several slave following, that is to say Nero, Percy, Quash, Mathais, Sarah, Gillan, Sam, Kent and Grace, a negro girl, with their and each of their several issues and increase at his ataining the age of twenty one years. And in case any or either of said slaves shall happen to die during the minority of the said Robert, that then I will and direct that these slave or slaves in dying shall be made up in number and as near as possibly can be in value out of the slaves that shall belong and appertain to me at the time of my death, and not herein or hereby otherwise given away or disposed of and before division is made of them as hereafter intended.
Item - I give and bequeeth to my eldest son, Capt. Nathaniel Broughton, all that my capitol messuage, tennement, dwelling house, mansion house, outhouses, ediffices, buildings, orchards, gardens, lands and premises thereunto belonging and appertaining as the same hath been always called and known by the name of the Mulberry Plantation where I now live from and immediately after the death and decease of my said wife, Anne Broughton, to hold unto my said son Capt. Nathaniel Broughton upon the very same trust and uses and for the same ends, intents and purposses as the Seaton Plantation is settled upon his marriage with Mrs Henriette Charlotte Broughton his now wife and to be in lieu of and instead of the said Seaton Plantation.
Item - I give and devise to my son Andrew Broughton all that plantation called Seaton where on my eldest son Capt. Nathaniel Broughton now lives, together with all and singular the messuages, tenements, ediffices, buildings and premisses with appertences there unto belonging and being or accepted, reputed, taken, deemed or known for or as part, parcel or number thereof to hold unto my said son Andrew Broughton his heirs and assigns forever from and immediately after the death of my wife Anne Broughton when and not before my son Nathaniel Broughton is to enter into and upon the Mulberry Plantation.
Item - I give and devise to my grandson, Thomas Broughton, son of my said son Capt. Nathaniel Broughton, all that plantation called Kibblesworth, containing nine hundred and thirty eight acres, as the same is situated, lying, being, and adjoining on the aforesaid plantation called Seaton to hold the same unto my said grandson Thomas Broughton, his heirs and assigns forever, from and after the time that my said son Andrew Broughton shall enter into and upon Seaton Plantation. That in case my said grandson Thomas Broughton shall happen to die before that time unmarried and without issue, then I give and divise the aforesaid plantation unto my grandson Nathaniel Broughton and to his heirs and assigns forever. And in case my said grandson Nathaniel Broughton shall die under the age of twenty one years, unmarried and without issue, then I give and devise the aforesaid plantation to my grandson Alexander Broughton, third son of my son Capt. Broughton, to his heirs and assigns forever.
Item - My further will and meaning is that in case my said grandson Thomas Broughton shall live to enjoy the aforesaid plantation, that then he shall pay thereout the respective sums of fifty pounds proclamation money to each of his brothers, Nathaniel and Alexander, and to his sister Anne Broughton, daughter of my said son Nathaniel, within one year after he is possessed thereof and I do hereby exppressly charge the said plantation called Kibblesworth with the payment of the said sums of fifty pounds proclamation money to each of my said grandchildren, Nathaniel, Alexander, and Ann Broughton, in manner and form aforesaid.
Item - I give and bequeeth to my said granddaughter, Anne Broughton, one negro girl named Magdelon, with her increase. But in case of her death before the age of eighteen years of day of marraige, the I give the said negro girl to the next daughter that my said son Nathaniel Broughton shall or may have by his present wife, and if he has no other daughters by her, then I give the said negro girl to my said son, Nathaniel, and to his hiers and assigns forever.
Item - I give and bequeeth to my daughter Anne, the wife of John Gibbs, Esq., the whole and entire furniture of one of my rooms in the Mulberry House, to be delivered to her within two months after my decease by my said wife, who shall have leave to appoint and alot such furniture to my said daughter.
Item - I give to my granddaughter, Elizabeth Gibbs, the sum of fifty pounds of proclamation money, at her age of eighteen years or day of marraige, and do hereby order and appoint the same to be placed out at interest til her attaining the age or day of marraige as aforesaid, when the principle and interest shall be paid to her. But, if my said granddaughter shall happen to die before she attains the age and unmarried, then I give and bequeeth the said fifty pounds and interest to the child that my said daughter Ann Gibbs is now enssient withall and if a girl, then the said money to be paid to her in the same manner as is directed to my grandaughter, Elizabeth. But should it prove a son, then to be paid to him at his age of twenty one years.
Item - I give and bequeeth to my eldest son, Capt. Nathaniel Broughton, from and immediately after my death, one negro man, one negro woman, and one negro boy to be by his choosing out of the slaves not herein before disposed of, to and for his only use, benefit, and behoofe forever.
Item - As far and concerning all the rest, residue, and remainder of my slaves, stock of cattle, money employed in trade, or otherwise and all and singular other personal estate whatsoever that shall anyways belong and appartain to me at the time of my death (my debts and funeral expenses being first paid and discharged), I give and bequeeth the same and every part and parcel thereof, to my said three sons Nathaniel, Andrew, and Robert Broughton, to the end and intent that all my slaves not herein mentioned to be given away together with the fifteen given to my said with, and the three so given to my son Nathaniel, may be kept at work together on the Mulberry Plantation, and that all the money raised thereby or by the stock belonging to the same, or by the money employed or intended to be employed in trade, and all the produce and advantage made thereby, shall be appropriated and applied towards satisfying and paying the said seventy five pounds per annum to my said wife for her life, and the several legacies herein before given to my said daughter and grandchildren. And when the same is fully done, perfected and completed, or if my said three sons shall be security to pay the said seventy five pounds per annum to my said wife during her life, and the several legacies to their sisters, respectively, and all others in this, my will, appointed and directed to be paid, and at the days and times and in the manner inform herein before mentioned and according to the true intent and meaning hereof, that then and from thenceforth (my said wife, daughter, and legacies being first satisfied, and content with such security), I give and bequeeth all my said residue and remainder to my said slaves, stock of cattle, money, goods, chattles, and personal estate (not herein or hereby disposed of) unto my said three sons Nathaniel, Andrew, and Robert Broughton, equally to be divided between them, share and share alike, and to there several and respective executors, admors, and assigns.
And I do hereby make, nominate, and appoint my said loving and affectionate wife, Anne Broughton, executrix and the Honorable Robert Johnson, Esq., and my son Nathaniel Broughton executors of this, my last will and testament. In witness whereof, revoking and making void all other and former wills by me at any time or times heretofor made. I have to this, my last will and testament, put my hand and seal, the day and year mentioned in the first sheet of paper, hereunto annexed in the presence of Hugh Butler, Esq., Mr. Antoney Hugget, and Thomas Ellery, Gent. who at my request have hereunto severally subscribed there names as witnesses to these presence, read, signed, sealed, published and declared by the said Thomas Broughton, Esq., the testator, to be his last will and testament in the presence of us this, with the other five sheets of paper, being first annexed together and each of them signed with proper handwriting, of the said Thomas Broughton.
~Hugh Butler ~A, Hugget ~Thomas Ellery
Memorandum - That I, the above named Thomas Broughton, the testator, on the very day and time of executing the above will, and in the presence of the very same witnesses, do by this my codiscil to my above will, revoke and make void the device by me made of the Mulberry Plantation to my son Nathaniel Broughton, his heirs and assigns forever, upon this condition: that if he or they shall refuse to permit my son Andrew Broughton into the peaceable and quit possession of the plantation called Seaton, to hold to him and his heirs forever within six months after .....................(page missing)