between Jesse DeBruhl of the District and State aforesaid of the one part and Dr.Samuel Fair of the District and State aforesaid and J Foster Marshall of Abbeville District and State aforesaid: of the other part. Witnessed that the said Jesse DeBruhl for and in consideration of the natural love and affection he bear unto his two daughters Mary D. Fair now the wife of the said Dr.Samuel Fair and Elizabeth Marshall now the wife of the said J. Foster Marshall and also for and in consideration of the sum of one dollar to the said Jesse DeBruhl paid by the said Dr.Samuel Fair and the said J. Foster Marshall the receipt whereof is hereby acknowledged by these presents: have granted, bargained, sold and released, and by these presents do grant, bargained, sold, and released, and by these presents do grant, bargain, sell, and release unto the said Dr.Samuel Fair and J. Foster Marshall the following real and personal estate in trust and for the use behove and sole benefit of the said Mary Fair and Elizabeth A. Marshall and the children now born of the body of the said Elizabeth A. Marshall and the children to be hereafter to be born of the bodies of the said Mary D Fair and the said Elizabeth A. Marshall and not in anywise to be subject to the debts liabilities or contracts of their present husband or any other future husband that is to say one tract or parcel of land lying and being Laying situate in the District and State aforesaid on the Congaree River and the waters thereof bounded on the South East and East by lands of Wade Hampton and Doctors Creek. on the west by Congaree River and on the Northwest and North and Northeast by lands of the estate of B.P. Taylor and John C. Singletown containing nineteen hundred and nine acres (1909 acres) more or less. Also the following named Negroes. To wit: Noah Terrell, Charles, Carriser, Hager and her two children Charlotte and Matilda, Jerry Brown and Matilda his wife. Thaddeus, Abram, Dave, Gaston, Dinah, Jerod and his wife Clarisia, and her three children Martha, Fina, and Rachel, Lam, and his wife Letty, Gilbert, Troy, and his wife Elsy, Bob, and Milly his wife, Richmond, Easter, Robert, Pompy, Rives, Tom, Rives and his wife Cerena and her two children, Tally, and Allen Panzy Higgins and his wife Violet, Hardy, Charles Scott and his wife Hannah Brown and her child Thompson, Big Jerry, Isaac, and Hannah his wife, Niger,Wesley, Ralph, Candice, Will, and his wife Judy. And her child Wade, Tom, Starke and his wife Sarah, West and his wife Sarah and her four children Hannah Charlotte, Toby, and Hilliard, Francis, Jacob, Ben and Ally his wife Uariah and her three children, Tress, Dinah, and Daniel, Leah, Edmund, Peter, Jim Stark and Hannah his wife, and her child Silvers. Little Jim, Noah, Emma,Jeffery, and Becky his wife and her three children Emiline, and an infant unnamed.Limore,and Ritta and her two children Peggy and Lophey, old Lewis and Phanny his wife, Lena and her two children. Little Sam and Reubin, Little Harriett, March, Jim Coon, Frank, Linda, Little Peter, Stephen, Ana, Fanny, and her children George, Henry, Delia, and old Harry, and Edward, together with all and singular the rights members and appurtenances to the said Plantation , belonging or in anywise incident or appertaining thereto and also all the above named Negroes. And their future increase: To have and to hold all and singular the premises before mentioned and all , the above named Negroes and their future increase unto the said Dr.Samuel Fair and the said J. Foster Marshall trustees as aforesaid. And I do bind myself my heirs executors and administrators to warrant and forever defend all and singular the before mentioned and the above mentioned Negroes unto the said Dr.Samuel Fair and J. Foster Marshall trustees as aforesaid against me and my heirs lawfully claiming the same or any part thereof and it is further agreed by these presents that the above mentioned real and personal estate is held by the trustees aforesaid as joint tenants in common for the sole benefit use and behalf of the said Mary D.Fair and the children to be born of her body, and for the sole benefit use and behalf of the said Elizabeth A.Marshall and her children now born or to be hereafter born of her body. And it is expressly understood by these presents that one half of the nett profits after paying all the debts and contracts made in behalf
of the said Plantation arising from the said Plantation and Negroes shall be divided equally between the said Trustees for the use benefit and behalf of their
respective wives and that in case the said Mary D. Fair shall die without child or children. Then the profits of said lands and Negroes above given in trust for her shall be held and enjoyed by her husband Dr.Samuel Fair for and during the time of his natural life not in anywise to subject to his present liabilities or contract or any other future debts liabilities or contracts and after his death to revert to the said Elizabeth A. Marshall and the heirs born of her body.And it is further agreed
by these presents that in case of the death of the said Elizabeth A. Marshall the portion of said land and Negroes above given in trust for her and her children shall be held and enjoyed by her husband J. Foster Marshall for and during the term of his natural life, not in any wise, to subject to his present debts, liabilities or contracts and after his death to go to his children begotten on the body of his present wife Elizabeth A. Marshall, And it is further agreed by these presents that the Trustees aforesaid, is hereby empowered to grant, bargain, and sell the above described tract of land or any part of the above named Negroes and their future increase, whenever they may deem it advisable for the benefit use and behalf of the said Mary D. Fair and the said Elizabeth A. Marshall, and that proceeds of such sale or sales shall be vested in some other property real or personal, for the use and benefit of the said Mary D. Fair and the said Elizabeth A. Marshall. And it is further agreed by these presents that the above named Trustees shall have power and they are hereby authorized, whenever they deem ti advisable to bargain sell and convey to the other one half of the above mentioned real and personal estate and that the proceeds of such sale shall be vested in any other real or personal property for the sole use and benefit of the other quiet trust for whose benefit such sale and transfer was made . And it is further agreed by these presents that the above mentioned Plantation and Negroes and their future increase shall be under the exclusive management and control of the said J. Foster Marshall to make all necessary contracts about training the same, and to be allowed a reasonable compensation for the trouble and time he may expend in and about the same, and that he is required annually to make a return to the said Dr.Samuel Fair of his receipts and expenditures incurred in behalf of the Plantation and Negroes, and to divide with the said Samuel Fair one half of the nett profits arising from the ----Plantation. I hold the said Dr.Samuel Fair and J. Foster Marshall Trustees as aforesaid doth on the several parts accept the trusts aforesaid and covenant and agree and with the said Jesse DeBruhl and they hereby bind themselves and their heirs . Executors, and Administrators to execute and carry out the above mentioned trusts according to the true intent and meaning of these presents. In Witness whereof we have hereunto set our hands and seals.
The day and year above written. Jesse DeBruhl
Dr.Samuel Fair
J.Foster Marshall
Signed sealed and delivered in the presence of:
Miss H.G. Welsh
John J. Cheatham
South Carolina
Richland District: Personally appeared John J. Cheatham
and made oath that he saw Jesse DeBruhl, sign seal and deliver the within Deed for the uses and purposes therein, mentioned and that he with H.G. Welsh in the presence of each other witnessed the execution thereof.
Sworn to before me this 9th day of February 1853
James A.Black Notary Public & Exoff. Magistrate
K.M.C.R. Richland District Recorder in Record Book L pages 445,446,447,10th February 1853
James L. Guignard K.M.C.R.
Note:
J. Foster Marshall was a Colonel with Orr's South Carolina Rifles CSA and was killed at the battle of Second Manasses 29 August 1862. This command under Marshall repelled seven frontal assaults, they fought first with their last cartridges then with the bayonet. The met and turned the tide of assault, but the heroic Marshall fell in this last conflict. Ref. CSA Military History.
William Jesse Marshall (uncle Willie) sold the DeBruhl Marshall house in 1890 to Col.John Quitman Marshall (USA) grandson of William Jesse DeBruhl Sr.
William Jesse DeBruhl Sr. second wife, a Mrs, Wiley was credited with saving the DeBruhl Marshall House in 1865, when the Federal Troops set fire to the roof. She a very young and beautiful widow, saved the house by appealing directly to General Sherman, whose headquarters was on the street adjoining her property. He sent troops to fight the roof fire saving the house.
Seventeen year old William Ashley DeBruhl Jr. by his first wife Eliza Donavon was killed in a hunting accident the only son of William Jesse DeBruhl Sr. The 1860 census shows William Jesse DeBruhl age 4 years. Both father and son were alive July 16, 1860. The following story mentions "oil cloth" which was introduced in the 1860's. Dr. Samuel Fair treated the DeBruhl lad and ended up marrying the boys sister Mary DeBruhl. But another document lists Dr Fair being married to Mary DeBruhl in 1853! Evidence points to William Ashley DeBruhl Jr. being born in 1841 and getting killed in a hunting accident around 1852. Doctor Fair treats the boy and marrys his sister Mary DeBruhl. The second wife of Jesse DeBruhl Sr. has a baby boy in 1856 and names him William Jesse DeBruhl. This lad shows up in the 1860 census as living in the DeBruhl Marshall House at 1401 Laurel Street Columbia, S.C.
Light Went Out, so Did a Life.
Another instance of what proved to be a forerunner of death occurs to me.
William Ashley DeBruhl age 17, the only son of Mr. Jesse DeBruhl by his first wife, while shooting bull-bats, received a load of small shot in the head from a gun in the hands of a young man named Bird, a very gentlemanly appearing stranger, (Mr. Bird introduced family painted oil-cloth table covers here--something new.) It was clearly an accident, but poor Bird was completely broken down by it. I was present when the shooting occurred. We were boarding at the time at the Globe Hotel, kept by Mr. William Reeder and his wife, where the post office now stands. Fearful of worrying young DeBruhl's relatives by his appearing at the house, he engaged me to go twice a day to inquire about the wounded youngster. The patient seemed to be doing very well, although the physicians could see no hopes for his recovery. This was in the oil lamp days. One night while the solitary lamp in the sick room was apparently burning all right, it suddenly went out. Young DeBruhl noticed it, turned to his mother and said quietly, " I know what that sign means--goodbye," and died before the lamp could be relighted. Dr. Samuel Fair, of Newberry, who had graduated in Paris and lately begun the practice of medicine in Columbia, attended the young man, and afterwards married his sister. The grave is unmarked in the Presbyterian Church yard. by Jullian Selby S.C. 975.73
South Carolina Gazeteer.
1 comment:
I was curious whether this description of the bounding lands was correct: "bounded on the South East and East by lands of Wade Hampton and Doctors Creek", since Doctors Creek is not a name I've heard used for any creek in that area. Thank you so much for sharing this resource.
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