YAUHANNAH WILLS
WILL OF
Thomas Allston
of Prospect Hill
(the only child of Joseph of the Oaks to live to maturity besides William of Clifton, was Thomas, his fifth child, born in 1764. He married his cousin Mary Allston, daughter of his Uncle John (nicknamed “Capt. Jack of the Raccoon Guards” during the Revolution) and they lived on his plantation, Prospect Hill, willed to him by his father, and situated between his brother William’s two plantations, Clifton and Fairfield. He built a handsome house there, the exact copy of the one at Clifton, which was not quite finished when he died in March 1794. He left no children.
Copy of the Will of Thomas Allston of Prospect Hill (on the outside of the folded will ...Dated 7 July 1792..... Thomas Allston Certified copy of his Will)
South Carolina
In the name of God, Amen,
I, Thomas Allston of All Saints Parish Waccamaw in the State aforesaid being in perfect health and of sound mind, memory and understanding, but considering the uncertainty of this transitory life, do make, publish and declare this my last will and testament in name and form following, to wit- I will that my executors herein after named shall pay all my just and lawful debts as soon after my death as may be convenient. And as to my estate both real and personal I dispose there of in manner and form following – In case my wife Mary Allston shall not prove pregnant – First, I give, devise and bequeath unto my beloved wife, Mary Allston my plantation in All Saints Parish, Waccamaw, called Prospect Hill, containing five hundred and fifty acres or thereabouts, to her, her heirs and assigns forever. I also give, devise and bequeath unto my said wife, my sea-shore plantation which I purchased from Francis Allston containing four hundred and forty acres or thereabouts and called the Retreat, to her, her heirs and assigns forever. Also I do give and bequeath unto my said wife, Mary Allston, one hundred negroes to her, her heirs, executors, administrators and assigns forever, and it is my will that the negroes hereafter named shall be considered as constituting part of the said number one hundred, to wit – Lucy and her four children, Kate, Will, Charity and Hector, Tom, his wife Mary, and their child Sam, Charles, his wife Yankee and their children Charles and May, Dick, his wife, Sylvia, boys Peter, Frank, Cupid, Conyers and Parish and girls Charlotte and Lavinia – women Susy and Maryann – Harriet and child Jack – Jerry, his wife Diana and their child Robin – Mary, his wife Abby, Carpenter Dick his wife Liddy and their child Betty, Phoebe and her five children Maria, John, Joe, Nanette and Richard; and that the said number one hundred be made up and completed at the discretion of my Executors out of the remainder of my negroes of which I may die possessed – I also give and bequeath unto my said wife, Mary Allston, all my bonds notes and monies, plate, liquors and household furniture of which I may die possessed, also all my carriages with the choice of any six of my horses, together with my house-frame at Prospect Hill to her, her heirs, executors, administrators and assigns forever. Also I give and bequeath to Charlotte Allston Waties, daughter of Thomas Waties Esquire, her heirs, administrators and assigns forever ten negroes to be selected at the discretion of my Executors immediately after my decease. I also give and bequeath unto Ann Elizabeth Allston, daughter of Benjamin Allston the elder ten negroes to be selected by my Executors immediately after my decease to her, her heirs, executors, administrators and assigns forever. All the residue of my estate, both real and personal excepting my old negro woman Nanny, I give, devise and bequeath unto such of the children of my brother William Allston as shall be living at the time of my death to be equally divided between them and to them, their heirs, executors, administrators and assigns forever. And it is my will that such residue be delivered to my Brother William as soon as may be convenient for the purpose above mentioned. But in case my wife Mary Allston should prove to be pregnant at the time of my death and shall have a child or children born alive then it is my will that all the legacies, bequests, and dispositions above made shall be deemed and considered as revoked and of no effect whatever – and in such case I will that all my estate and effects shall go to and be enjoyed by my said wife and such child or children of which she may be delivered after my death in the same manner and proportion as the said estate effects would pass and be distributed by the law for the distribution of Intestators, estates and effects. Provided always that if such child or children with which my wife shall prove pregnant with at the time of my death should die before the said child or children would be entitled, the legacies above bequeathed to Charlotte Allston Waties and Anne Elizabeth Allston shall enuse and take effect and the remainder of such proportion be divided between the children of my brother William as aforesaid. And further it is my will that my old negro woman Nanny be freed and liberated from slavery and that she have liberty to live upon either of my plantations and be furnished by my Executors with provisions and clothing during her life and that she have the liberty of milking two cows. And I do hereby ordain, constitute and appoint John Allston the elder, William Allston the elder, John Allston the younger (son of John) and Benjamin Allston the elder Esquires Executors of this my last will and testament, hereby revoking all former wills and testaments by me at any time heretofore made and I do declare this to be my last will and testament in witness whereof I the said Thomas Allston, the testator of this my last will and testament written on two sheets of paper have set my hand and seal this seventh day of July in the year of our Lord one thousand seven hundred and ninety two and of America the seventeenth.
Signed Thomas Allston
Signed, sealed, published and delivered by the said Testator Thomas Allston as and for his last will and testament in the presence of us and at his request have subscribed our names as witnesses thereto –
H. Norris, John LaBruce, Arch Shaw, Francis Tyree
Since the qualifying of John Allston, I this day qualified Benjamin Allston, Sen. named Executor in the within will this 12th day of April 1794.
South Carolina
Georgetown District
Personally appeared Francis Tyree one of the subscribing witnesses to the within instrument of writing and made oath on the Holy Evangelist of Almighty God that he was present and saw Thomas Allston sign, seal, publish, pronounce and declare the same to be and contain his last Will and Testament understanding to the best of his knowledge and belief, that H. Norris, John LaBruce, Arch Shaw together with the deponent subscribed their names as witnesses thereto at the request of the Testator in his presence, and in the presence of each other, at the same time qualified John Allston Senior named Executor in the written will.
March 27th 1794 – (signed) Hugh Horry
State of South Carolina
George Town District
I Eleaze (sic) Waterman Ordinary for the district of George Town in the State aforesaid do hereby certify the preceding to be a true copy from the original Will of Thos. Allston now on file and of record in this office.
Given under my hand this 29th Sept., 1840.
E. Waterman, Ordinary, G.D.
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