State of South Carolina, In the name of God, Amen: I Jesse DeBruhl
of Richland District and state aforesaid, being reminded of the uncertainty of
life, and desiring to dispose of the property, after my deceased, which a kind
Providence has blessed me with, do make, ordain, and establish this as my last
will and testament, hereby revoking all other wills heretofore made by me.
Item 1st. It is my will and desire, that my Executor hereinafter
to be named, do pay off as speedily as possible all my just debts out of the
cash I may have on hand at my deceased, or if that amount should not be
sufficient, then out of the first monies that may come in his hands.
Item 2nd. It is my will and desire that my said Executor do
proceed to sell as soon after my deceased as he may deem best for the interest
of my estate, all my real estate in the City of Columbia, and in whatever
portion of this State he may find any that I am entitled to on a credit of one
two and three years, at public auction, with interest payable anually from day
of sale; taking Bond and personal security and a mortgage of the same to secure
the purchase money.
Item 3rd. It is my will and desire, that my said Executor do
proceed to sell as soon after my deceased , as he may deem best for the interest
of my estate, all my negroes, (woman Mary Blanding excepted) house hold and
kitchen furniture, all the perishable property on my plantation or plantations
or as the case may be, and whatever Railroad or Bank stock he may deem
advisable for the best interest of my estate, on a credit of one two and three
years; interest payable anually from day of sale, taking bond and good personal
securety to secure the purchase money.
Item 4th. I will and bequeath to my wife Mary and her heirs forever, Ten Thousand Dollars in lieu and bar of all dower she may be entitled to, by virtue of our marriage. This sum to be paid by my said Executor out of the first monies, that come into his hand after the payment of my debts, in installments of equal amount, in one two and three years, from the day of the sale of my personal property hereinbefore mentioned
Item: 5th. I will and bequeath to my son William Jesse Twenty five
thousand dollars, to be paid to him by my said Executor when he attains the age
of twenty five: but if he should die before attaining that age, then in that
event I will and bequeath the said Twenty five thousand dollars to the use of
my daughter Elizabeth A. Marshall her and her heirs forever.
Item: 6th. I will and bequeath to William Jesse Marshall, Samuel
F. Marshall, J. Foster Marshall Jr. J. Quitman Marshall, Elizabeth O Marshall
and Mary F. Marshall the children of my daughter Elizabeth A. Marshall each the
sum of Five thousand dollars, to be paid to each of the above named children,
by my said Executor, when he or she, attains the age of twenty one or marries.
Item: 7th. The balance or residue of my Estate (after paying off
the above mentioned specific legacies in the order in which they are mentioned)
I will bequeath and devise unto my son-in-law
J. Foster Marshall, in trust, and for the sole seperate use and
benefit of my son William Jesse, during the term of his natural life, not to be
subject to his debts contracts or liabilities, and if he should die leaving a
child or children begotten in lawful wedlock, to them and their heirs forever;
but if my said son should die leaving no issue begotten in lawful
wedlock, then to my daughter Elizabeth A. Marshall during the term of her
natural life, and at her death to the issue born of her body and their heirs
forever. My said Trustee is hereby directed to retain under this clause all my
Bank and Railroad stock, which he may deem the best for a permanent investment
but to dispose of the same if circumstances should arise, that the holdings of
such stock would become depreciated, and thereby lesson the income of the
trust.
It is my will and desire that my Executor do hold all my real
estate he may find beyound the limits of the state above mention to such a time
as he may deem advisable for the best interest of my Estate, and then dispose
of the same on a credit for one two and three years, interest payable annually,
he taking Bond, and personal securety and a mortgage to secure the purchase
money.
Item 8th. I will and bequest my favorite servant Mary Blanding to
Elizabeth A. Marshall during the term of her natural life, and at her death to
her sons William Jesse, during the term of his natural life, and at his death
to Samuel F. Marshall during the term of his natural life, and at his death J. Foster
Marshall Jr. during the term of his natural life, and at his death to J.
Quitman Marshall, The said Mary Blanding is not to be subject to the debts
contracts or liabilities of the husband of my daughter Elizabeth or subject to
the debts, contracts or liabillities of either of my aboved named grand sons.
Lastly. I nominate and appoint J. Foster Marshall my son in law
the Executor of this my last will and testament, in testimony whereof I have
hereunto set my hand and seal this first day of May A.D. 1857 Jesse DeBruhl
Signed sealed in the presence of
each of us, and we in the presence of the Testator Jesse DeBruhl
Edward Hope
John Glass
Robert Kirkland
State of South Carolina
Richland District
Jacob Bell Esquire Ordinary of said District.
Personally appeared before me Edward Hope who, being duly sworn,
made oath and saith, that he saw Jesse DeBruhl sigh, seal, publish, pronounce,
and declare, the annexed instrument of writing, bearing date the First day of
May 1857 to be and contain his last Will and Testament:
that he the said Jesse DeBruhl was then of sound and disposing
mind, memory, and understanding, according to the best of deponents knowledge
and belief, and that the said Edward Hope John Glass and Robert S. Kirkland at
the request of the testator in his presence,
and in the presence of each other, witnessed the due execution
thereof.
Edward Hope
Sworn to and subscribed before me
this 31 day of May A.D. 1860
Recorded in Will Book L
section 405 Box 41 Package 1011
