South Carolina
In the Name of God Amen, I Andrew Broughton of Seaton, in the parish of St. John's in Berkley County, Esq, being in good health and of perfect mind and memory (thanks be to God), but having a true sense of the shortness and uncertainty of life do make my Last Will and Testament in manner and form following to wit , I commit my soul into the hands of Almighty God and my body to the earth to be buried in a desent manner, hoping through the satisfaction and righteousness of Christ my Redeemer to be made partaker of eternal happiness; and for my worldly Estate I dispose of it as follows:
Item - It is my will that all my debts and funeral expenses shall be first discharged.
Item - I give and devise to my beloved wife, Hannah Broughton, my house and Plantation of Seaton as long as she shall remain sole and unmarried without impeachment of (?), subject never-the-less to the incumberences hereinafter imposed and upon condition that she shall relinquish and release to Stafford Plantation, and convey and make over the same to such of son's as shall be my eldest son at the time of my decease, and after her decease or in case she should marry or refuse to make over the said plantation of Safford, I give and devise the said plantation of Seaton to my son Thomas and his heirs forever, or in case of his death, without issue, to my eldest son at the time of my decease and his heirs forever.
Item - I give and devise the said plantation, Stafford, to my eldest son Thomas Broughton and his heirs forever.
Item - I give and devise all that tract of land containing five hundred and seventy-nine acres situated in Craven County on the (?) land lying between the PeeDee and Paccamaw(?) Rivers and another tract of one hundred and eighty-four acres adjoining thereto both to me granted on the sixth day of February A.D. 1735 to my son Andrew and his heirs forever.
Item - I give and devise all the half part of the moiety of four thousand acres situated in Craven County granted to my brother, Nathaniel Broughton, Esq., and by him agreed to be to me conveyed the twenty-eight of this instant to my son Peter and his heirs forever.
Item - I give and devise the other half part of the said moiety of the four thousand acres to my son Robert and his heirs forever, provided nevertheless and upon the following condition; that when my eldest son or his heirs shall become seized prepossessed of the said plantation of Seaton that the land hereinbefore devised to him shall go to my next son and his heirs, and the land hereinbefore devised to such son to my third son and his heirs and so on to my youngest whose tract shall go to my Exors hereafter named to be disposed of and applied to the same uses and purposes as I do hereinafter direct direct the produce of my Real Estate which I have not particularly disposed of to be applied.
Item - I give and devise to my son Thomas all the two tracts of land containing five hundred acres each or thereabouts usually known by the name of So-Boy adjoining to Daniel Huger, Klias Ball and John Cough; deed to my son Andrew all that tract of pineland surveyed and purchased of Mr. Edward Thomas containing one thousand acres or thereabouts in the parish of St. James Santee in Craven County, a Grant for the same to be procured at the charge of my estate; to my son Peter all that my tract of pineland situated over Wassamsaw Swamp and containing one thousand acres or thereabouts adjoining Nathaniel Broughton and lands late of Major Charles Colleton, and to my son Robert all that my tract of pineland lying at the head of Mullberry Plantation containing five hundred acres or thereabouts, and their respective heirs forever, provided nevertheless and it is my will that in case any of my sons shall die before he or they shall arrive at the age of twenty-one years and without issue that all the lands to such son hereby devised shall go to next son in years and his lands to the next, and so on to the youngest and in such case the share of my real estate hereby alloted to my youngest son, or in case of his death without issue and before his arrival at the age of twenty-one years, and all the rest and residue of the lands, tennements hereditaments, which I shall beseized or possess of or be entitled to at the time of my death and herein not particularly devised, I give and devise to my excrix and executors hereinafter named and the uses and purposes following to wit; that in case I shall have a son born after or before my decease that they make over and deliver to such son a sufficient part or quantity of such lands and tennements to make his share equal in value to the lands hereby devised to my youngest son, and that they sell and dispose of the remainder of such lands tenements and hereitaments, and the whole in case of the last mentioned contingency's not happening to the best advantage and shall apply the produce of such sales to the payments of my debts, my daughter's portions or distribute or distribute out amongst my sons as to my said exors shall deem most fitting. And in case I shall not die seized of or entitled to any other lands, tenements or hereditaments, than those herein particularly disposed of, and in case of the birth of such son as aforesaid, I do order that my son Thomas shall pay or cause to be paid to my said exors. the sum of six hundred Pounds current money of this province, my son Andrew, the sum of five hundred Pounds, my sons Peter and Robert the sum of four hundred Pounds each, and I do hereby subject the lands and tenements moneys goods and chattles hereby to then devised to the payment of such sums which sums shall be laid out by my exors. in the purchase of a good and convienient tract of land for such my son as shall be born aforesaid.
Item - I give and devise all that my tract of land containing three hundred acres more or less adjoining to the Plantation of Kibblesworth in the same manner as the Plantation of Seaton is hereinbefore devised, and subjected to the same uses, limitations, contingencies and proviso's, and my will is that what I have herein given, devised and bequeathed to my said wife shall be in lieu and full satisfaction of Dower of thirds.
Item - I give and bequeath to my beloved wife Hannah Broughton the use of the following slaves during the time of her natural life to wit; Ben, Ebo, Carolina, Jack, Lawerence's son) Frank, George, Prince, Jacamore, Sarah, Betty, Holly, Joan and Little Phillis, Ceasar, Phillis, Duck (Phillis' daughter and Bristell her son) and their issue and increase and after her decease to such one or more of my children as she'll think proper to dispose of the same to by deed, last will or otherwise and for want of such disposition to be equally divided amongst the children then alive and the representatives of such as may be dead so that the issue of one child shall be entitled to no more than their father's or mother's would have been.
Item - I give and bequeath all my household goods, plates, furniture and coach with the four horses belonging to it and a fifth part of all my plantation tools, cattle, sheep and hogs to my said wife, her exors, admors and assigns forever.
Item - I give and bequeath to my daughter Mary, her Exors, Admors and assigns the following slaves to wit; Susannah, Sylvia, Mary and Bristal (Grace's son) with their increase and issue, and the sum of three hundred and fifty puouds Proclamation money of America. To my daughter Ann the following slaves; Hagar, Nanny,(Lucy's daughter) Phoebe and Charles with their issue and increase and the sum of three hundred and fifty pounds like proclamation money , which said slaves and sums of money shall be delivered and paid to my daughters when they shall respectively arrive at the age of eighteen years or be married, whichever shall happen first. And in case I should have another daughter born before or after my decease, I do will and order my said exors to choose out of my slaves the same number of slaves and of equal value with them I have bequeathed to each of my daughters and also that they pay, or caused to be paid , to her the sum of three hundred and fifty pounds like proclamation money. Which said slaves shall be delivered and the said sum paid to the said daughter at the time of age lastaforesaid , and provided and provided either of my sons or daughters should die before such daughter arrives at the age of eighteen years or be married or such son arrive at the age of twenty-one years or be married, that each of my surviving daughters in case of the death of every such son or daughter shall have two young slaves more chosen out for her and the further sum of one hundred and fifty pounds proclamation money to be paid her or them out of my estate, the remainder of the portion or legacy of such of my son's daughters as shall die as aforesaid to fall in the residuem of my personal estate and to be applied to the like uses and purposes as the same is hereinafter directed, and if any of the slaves given, bequeathed or chose out for my daughters aforesaid shall die before they respectively arrive at the age of eighteen years or be married, that the loss shall be made up to her or them by my exors. out of my estate.
Item - I give and bequeath the sum of one hundred pounds currency money of this province to the Parish Church of St. John's in Berkley County to be applied to the use thereof in such manner as the Vestry of the said parish shall think proper. And as for the rest and residue of my slaves, stock of cattle, horses,sheep, hogs and all other of my personal estate, I give and bequeaht it to my sons to be equally distributed amomgst them by the said exors. or the suvivors of them to share and divide, and of each and every one of my sons to be drawn out of the general or entire stock to be delivered to him or them, as he or they shall respectively arive at the age of twenty-one years. And it is my will that all my slaves , cattle, horses, hogs and sheep generally ar particularly hereby disposed of shall be kept together and employed upon the Plantation of Seaton or such of any other of my tract or tracts of lands as my said Exors. shall deem most profitable and advantageous to my children until such time or times as my children shall be from time to time respectively entitled to draw out or demand their respective legacy and dividends, and that the profits and issues of such, my estate when kept together as aforesaid shall be first applied towards the maintenance and education of my children, and that the overplus thereof, if any there should be ( the plantation charges being first paid), shall be laid out in the purchase of land and slaves or either of them for the equal benefit of my sons according to the choice judgement and discretion of my said Exors.
Item - It is my will that what I have hereby left my children shall be free and clear from any deduction or diminuition upon account of education, maintenance or any other account. And I do hereby revoke and annull all former Last Wills and Testements by me made and do constitute my affectionate wife Hannah Broughton Executrix and my beloved brother Nathaniel Broughton and my nephew Thomas Broughton and son Thomas Broughton, or in case of his decease, my eldest son at the time of my death Exors. of this my Last Will and Testement. In witness whereof I have hereunto set my Hand and Seal this thirtieth day of July in the year of our Lord one thousand seven hundred and thirty and nine.
Andrew Broughton (Seal)
Signed sealed published and declared containing three sheets each sealed and subscribed in the presence of us, who subscribed our names in the presence and at the request of the Testator to several interlineations being made & 3 blanks filled with a different hand.
Thomas Monck
Tho. Johnson
Maurice Lewis
South Carolina
By the Humble William Bull, Esqr., Lieutenent Governor, Commander-in-cheif and Ordinary of this Province, came before me Thomas Monck,Esqr. one of the subscribing witnesses to the within Will and being duly sworn declared that he was present and saw within subscribedr, Andrew Broughton, Esqr. sign, seal, pronounce and declare the within sheets of writing to be and contain his Last Will and Testament that the Testator was then of sound disposing mind, memory and good understanding to his belief, and that the other two subscibing witnesses Maurice Lewis and Thomas Johnson, both subscribed their names as witnesses at the same time with him and in the presence of the said Andrew Broughton the Testator at the same time swore Nathaniel Broughton, Thomas Broughton, Esqr. and the Testators son Mr. Thomas Broughton, Executors as within named by the Testator.
Sworn this 21st day of January 1742 Wm. Bull
W.B. Mrs. Hannah Broughton was qualified as Executrix by John Colleton, Esqr. by virtue of a Dedimus from the Govenor the 10th February 1742. J. Hammerton
Recorded the 29th April 1743 Recorded in Will Book 1740-1747 pg. 105