Date 29 Nov. 1838
In the name of God Amen, I, William Alston of Charleston, Planter, being of sound and disposing mind and memory but mindful of the uncertainty of life do make publish and declare this to be my last Will and Testament hereby cancelling and revoking all former or other Wills and Testaments by me heretofore made.
Imprimis I order and direct that all my just and lawful debts be paid.
Item: I give and bequeath unto my son Charles Cotesworth Pinckney Alston absolutely my servant Thomas and his wife Olivia.
Item: I give and bequeath unto my sons Thomas Pinckney Alston and Charles C. P. Alston absolutely all my silver plate wheresoever the same may be to be equally divided between them and also all my books both in Charleston and in the country.
Item: I give and bequeath unto my daughter Rebecca Brewton Hayne absolutely the sun of ten thousand dollars out of ____in Bank and also 200 shares in the Capital stock of the Pennsylvania Bank of the United States and also 15 shares in the Bank of Charleston in S.C.
Item: I give and bequeath unto my daughter Elizabeth Laura Hayne absolutely 200 shares in the Capital Stock of the Pennsylvania Bank of the United States and also 14 shares in the Bank of Charleston S.C.
Item: I give and bequeath unto my daughter Mary Pringle absolutely 200 shares in the Capital Stock of the Pennsylvania Bank of the United States and I also give and devise unto my daughter Mary Pringle in fee simple my Dwelling house and lot of land in King Street in Charleston extending to Legare Street being my present residence with all the furniture therein (except the Plate) at the time of my decease and also 15 shares in the Bank of Charleston S.C.
Item: I give and bequeath all my money I may have in Bank at the time of my decease (after the payment of my debts) except the sum of Five thousand dollars which I bequeath to my grand-daughter, Sarah Brewton Hayne, Elizabeth Laura Hayne and Mary Pringle and my three sons William A. Alston, Thomas Pinckney Alston and Charles C. P. Alston.
Item I give and devise to my son William Algernon Alston in fee simple my Plantation in Georgetown District called Clifton with the appurtenances, bounding southwardly on lands late of the estate of Benjamin Huger and of the estate of John LaBruce, also one hundred and six acres of swamp land on an island opposite to Clifton purchased by me of Charles Pinckney, also so much of one hundred acres of swamp land (contiguous to the above mentioned one hundred and six acres bought by me from the executors of Thomas Mitchell) as has not been already conveyed to my said Son, also thirty acres of swamp lands contiguous to the aforesaid lands and bought by me from Cleland Kinloch and also one hundred acres of Swamp land more or less (being Parcel of one hundred and fifty acres devised to my seven eldest children by their Uncle Thomas Alston) bounding eastwardly on Waccamaw River, westwardly on lands of the estate of Kinloch, northwardly on land given to me by my Father and southwardly on land bought by me from Charles Pinckney which last mentioned one hundred acres are divided from the remaining fifty hereinafter devised by a bank whose centre shall be the line.
Item: I give and devise to my son Thomas Pinckney Alston in fee simple all my Plantation in Georgetown District Weehawka with the appurtenances purchased by me from George Pawley, James Pawley, D. Norris and Hanna his wife, Also all [No.1 Middleton]? to be equally divided between my three daughters Rebecca __________the Swamp land opposite to Weehawka likewise purchased by me from them and held as a part of the said Plantation, Also all that plantation or tract of land in Georgetown District containing one hundred and fifty acres more or less being swamp land with the appurtenances bought from George and Savage Smith bounding northeastwardly on lands of John Pawley deceased Northwardly and Northwestwardly on lands of the estate of Savage Smith deceased, Westwardly on Swintons land and Southwardly and Southwestwardly on Glenís Thoroughfare with such shape and marks as appear in the titles to be dated 13 July 1836, Also part of a tract of land called Claremont purchased from William Blacklock Attorney of Joseph Allen Smith containing about sixty-nine acres of swamp land adjoining to Weehawka Plantation and bounding Eastwardly on a bank which divides it from Weehawka Westwardly and Northwardly on the thoroughfare and Southwardly on the land of my deceased son John Ashe Alston and which sixty-nine acres are enclosed by a bank and designated in a survey made by William Hemingway, Also all that plantation called Midway devised to me by my father.
Item: I give and devise to my son Charles Cotesworth Pinckney Alston in fee simple all my plantation in Georgetown District called Fairfield devised to me by my Father with the appurtenances containing on the main about seven hundred acres and on the Island opposite about seven hundred and fifty acres given to me likewise by my Father and also about fifty acres of swamp land more or less residue of the one hundred and fifty acres devised to my seven eldest children by their Uncle Thomas Alston the said fifty acres being that field which is cultivated by the Negroes attached to Fairfield and is divided from the other part of the said tract hereinbefore devised to my son William by a bank which is to be the dividing line as aforesaid and also all that piece of land consisting partly of mainland, partly of intervening marsh and partly of seashore called Duburdieuís Island and which three together constitute my Crabhall tract bounded to the North on land of Francis K. Huger to the West on Orizantia now in the possession of John Izard Middleton Junior and on Youngville in the possession of my Son-in-law William Bull Pringle to the South on Bellefield owned by my Son Charles C. P. Alston and on North Inlet to the East on the Ocean.
Item: I give devise and reserve to my Son Thomas Pinckney Alston in fee simple five acres on Duburdieuís Island to be laid off so as to have their Eastern line on the Sea and the Western line on the Marsh as a place of permanent residence.
Item: I give and devise to my sons William A. Alston, Thomas Pinckney Alston and Charles C. P. Alston in fee simple all and singular the Lots and parcels of land houses and other buildings owned by me in the town of Georgetown in the State situated together with the land adjacent called Browntown to be equally divided between them as tenants in common.
Item: Having formerly made a very adequate arrangement for the support of my son Thomas Alston and he having substituted therefore an arrangement with his two brothers Thomas Pinckney Alston and Charles C. P. Alston whereby they have been bound to him for an adequate sum I do hereby declare that I ratify the said arrangement and as I entirely approve the ___ do therefore leave neither devise nor bequest in his favor in this my will nor shall he have any share in my estate real or personal.
Item: I give and bequeath to my daughter Lady Maria Nesbit late the Widow of Sir John Nesbit now the wife of Dr. Murray the sum of five thousand dollars and also an annunity during her life of three thousand dollars to commence from the day of my death and which annuity I charge on the estate herein and hereby devised to my sons William A. Alston, Thomas Pinckney Alston and Charles C. P. Alston to be paid by them annually during the life time of my said daughter in the following proportions to wit: the sum of two thousand dollars to be paid her annually during life by my son William A. Alston, the sum of five hundred dollars to be paid her annually during life by my son Thomas Pinckney Alston and the sum of five hundred dollars to be paid her annually during life by my son Charles C. P. Alston which legacy and annuity I hereby declare to be for her sole separate and exclusive use benefit and advantage without being subject or liable in any manner whatsoever to the debts contracts engagements control or intermeddling of her present or any future husband and her receipt alone to be a discharge to my said sons, and I do hereby authorize and impower my said daughter notwithstanding her coventure to dispose of the said legacy and annuity as the latter may accrue from time to time by deed or will duly executed at her sole discretion as if she was a feme sole. And I do further declare that the said legacy and annuity shall be taken and received in full satisfaction discharge and extinguishment of my said daughterís proportion of the lands devised to my seven eldest children by their Uncle Thomas Alston and of all claims and demands whatsoever which she or anyone claiming under or through her may or can now or at any time hereafter have against me or against my estate I order and direct that the aforesaid legacy of five thousand dollars be paid to her in one month after my death.
Item: I give and devise to my two daughters Rebecca Brewton Hayne and Mary Pringle in fee simple to be equally divided between them as tenants in common, all that Plantation called Strawberry Hill situated on Waccamaw purchased by me from my son John A. Alston now deceased.
Item: I give and bequeath to my sons William A. Alston, Thomas Pinckney Alston and Charles C. P. Alston and the survivors of them them the sum of thirty thousand dollars now vested in 5 pr. cent stock of the State of South Carolina in trust to receive the annual interest accruing thereon and pay the same in equal proportions to my two grand-daughters the children of my deceased daughter Charlotte Wilson as long as they both remain unmarried upon the marriage of either of my said grand-daughters her share of the said annual interest to cease and determine and I then order and direct the said Trustees or the survivor of them to pay over to such married grand-daughter the sum of ten thousand dollars or one third of the said 5Pr. cent stock in full of all claims and demands whatsoever against me or my estate; the other single grand-daughter them to receive the annual interest accruing on the remaining two thirds of the said 5Pr.cent stock until her marriage and upon her marriage her annual interest to cease and determine and I then order and direct the said Trustees or the survivor of them to pay over to her the sum of ten thousand dollars or one half of the remaining stock in full of all claims and demands whatsoever against me or my estate, and the other ten thousand dollars or half of the said remaining stock t my son Charles C. P. Alston freed from all further trusts. If either of my said grand-daughters should die unmarried then her annuity from the said stock to cease and determine and one third of the said stock to be paid over to my said son Charles C. P. Alston immediately freed from all further trusts, and the surviving grand-daughter to receive the annual interest accruing on two thirds of the said stock until her marriage or death; and if such surviving grand-daughter should die unmarried then the whole of the residue of the said stock shall be paid over to my son Charles C. P. Alston absolutely freed and discharged from all further trusts whatsoever. And I do hereby empower the said trustees or the survivors of them his executors or administrators from time to time and at all times hereafter as may be deemed advisible to sell and dispose of the said stock and invest the proceeds in such other property as may be deemed most judicious subject nevertheless to the same trusts and directions as are hereinbefore given of and concerning the original 5 Pr. cent stock.
Item: Should any of the various descriptions of stocks referred to in the foregoing dispositions of this my Will be redeemed or paid off in whole or in part before my death it is then my Will and desire that the full value and equivalent of the said stock at the time of such redemption or payment shall be realized and assured to the legatees or stock hereinafter specified according to the extent of their respective estates and interest therein.
Item: I do hereby authorize and empower my Executors to sell and dispose of any part of my estate not hereinbefore specifically devised if they deem it expedient or necessary to do so in order to carry into effect the intentions and dispositions hereinbefore expressed and declared.
Item: All the rest and residue of my Negroes and all the rest and residue of my estate real and personal of every kind and nature whatsoever and wheresoever situated whether in possession remainder or expectancy I give devise and bequeath to my three sons William A. Alston, Thomas Pinckney Alston and Charles Cotesworth Pinckney Alston their heirs executors administrators and assigns forever to be equally divided between them share and share alike.
Lastly, I nominate constitute and appoint my three sons William A. Alston, Thomas Pinckney Alston and Charles Cotesworth Pinckney Alston Executors of this my last Will and Testament. In witness whereof I have hereunto set my hand and seal this twenty ninth day of November in the Year of our Lord one thousand eight hundred and thirty-eight and in the thirty second year of the sovereignty and Independence of the United States of America.
This will of William Alston written on the three sheets of paper hereunto annexed was signed sealed published and declared by the testator to be his last will and testament and acknowledged to have been read over to him in our presence who at his request in his presence and in the presence of each other have hereunto subscribed our names in testimony of the due execution hereof previously to the execution hereof the legacy of five thousand dollars to my grand-daughter Sarah Middleton being interlined in the last clause of the first page.
Edward __ North
H. A. DeSaussure
Proved before Thomas Behren Esqr. O.C.D. on the twenty seventh day of June 1839, and at the same time qualified William A. Alston, Thomas Pinckney Alston and Charles Cotesworth Pinckney Alston Executors
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