WILL OF JAMES MARION
In the Name of God, Amen, I, JAMES MARION of the Parish of St. Thomas in Berkeley County in the Province of South Carolina, Planter, being of sound and disposing mind memory and understanding blessed be God for the same do make my last Will and 'Testament in form and manner following and first I commend my Soul into the hands of God hoping for the Pardon of my Sins thro' the Merits and mediaties of our Lord Jesus Christ and as for such Worldly Estate as it has pleased God to bless me with I give devise and bequeath the same as follows : IMPRIMIS, I give and bequeath to my beloved Wife, Mary after my Just debts and Funeral expenses have been first paid and satisfied the use of one equal half of my personal estate during her natural life. ITEM: I give and bequeath to my Son PETER MARION after my just debts and funeral expenses have been paid and satisfied as aforesaid the remaining half of my Personal Estate when he my said son shall either marry or arrive at the age of One and Twenty Years which shall happen soonest. ITEM in case my said son should die before he either Marries or attains the said age then I also give and bequeath to my said Wife Mary the use of that half hereby given to him in manner aforesaid, during her natural life. ITEM I give and bequeath to my said son PETER that half of my person estate the use of which I have herein given and bequeathed to my said wife during her natural life after her decease if my said son shall be then married or of full age, otherwise so soon after as shall either marry or come of full age. ITEM in case my said son PETER should die both unmarried and under the age of one and twenty years, then and in such case I give and bequeath my whole personal estate after his decease and after the decease of my said wife to such of my brother JOHN'S and my brother BENJAMIN'S children as shall be then living to be divided equally between them per capita and not in stirpes and I will that my said son shall be maintained and educated out of the profits of what is herein intended for him till such time as he shall either marry or come of full age and what the profits will amount to more than what will maintain and educate him I will shall be laid out in slaves for him and I do hereby nominate ordain and appoint my said wife Mary during her widowhood only and until my said son PETER shall have attained the age of Seventeen years Sole Executrix of this my last Will and Testament and if my said Wife should remarry or die before my said son shall have attained the said age then I appoint my Cousin BENJAMIN MARION of Cypress Pond my sole Executor till my said son shall have attained the said age of Seventeen Years and then his Executorship shall cease and my said son PETER shall from thence forward be Sole Executor of this my Last Will and Testament, and I do hereby revoke and make Void all former and other wills by me at any time heretofore make and do publish and declare these presents to be and contain my only last Will and Testament and In Witness whereof I have hereunto set my Hand and Seal this Eighth day of July, and in the Year of our Lord One Thousand Seven Hundred and Sixty Five. JAMES MARION (L.S.)
Signed, Sealed, published and declared by the Testator James Marion to be his Last Will and Testament in the Presence of us:
THOMAS DEARINGTON, JOHN HENTIE
Proved: 3 Feb 1769 { 12 JULY
1771 qualified son Peter}
Appraisers of Estate: Inventory dated: 3 March 1769
ALEXANDER SANDERSON
HENRY SALTERS
THOMAS WARING
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