Transcribed by
Betty Jo Stewart, 14 May 2001
WILL OF JOSEPH BURCH
State of South Carolina I Joseph Burch of George Town District in the State
aforesaid being through the mercy of my creator of sound and disposing mind
and memory do make and publish this my last will and Testament
Imprimis I give and bequeath to my beloved son Edward Burch. One negro man
named Ceasar and one woman named Rose with her increase for and during the
term of his natural life and no longer and from and after the death of my son
Edward I give and bequeath the said two negro slaves with the increase of the
female to any child or children of his lawfully begotten to him her or them his
her or their Heirs and afsigns foreve
Item. I give and bequeath to my beloved son Joseph Burch One negro man named
Jamey and one woman named Dinah with her increase for and during the term of
his natural life and no longer and from and after the death of my said/Son Joseph
I give and bequeath said two negro Slaves with the increase of the female to
any child or children of his lawfully begotten to him her or them his her and
their heirs and afsigns forever.
Item I give and bequeath to my beloved Son John Burch. one negro man named
Hercules and one woman named Frank or Frances with her increase for and during
the term of his natural life and no longer and from and after the death of my
said Son John I give and bequeath the said two negro Slave with the increase of
the female to any child or children of his lawfully begotten to him her or them
his her or their Heirs and afsigns forever
Item I give and bequeath to my beloved Daughter Mary Burch Two Negroes by name
Kifsey and Juno with their future ifsue and increase for and during the term of
her natural life and no longer and from and after the death of my said
Daughter Mary I give and bequeath the said Two Slaves with their increase to
any child or children of hers lawfully to be begotten to him her or them his
her or their Heirs and afsigns forever
Item I give and bequeath to my three Sons a large River Boat which I pofsefs
called the Dolphin
Item It is my will and desire that after all my just debts and funeral charges
are paid the rest and residue of my personal estate of whatsoever Kind or nature
shall be divided into 5 parts or lots=
One fifth thereof I give and bequeath to my wife Mary for and during the term
of her natural life and no longer. and from and after her death it is my will
and desire that the same shall return to and be Equally divided amongst such
of my children hereinbefore named as shall be then living Share and Share alike
to them their Heirs and afsigns and it is further my/will that neither my Wife
for/hershall remove the said property or any part thereof out of the County
wherein I now live and/thatif she should as to all Such property as she may
removed shall be immediately deemed and taken to revert to my children and shall
be devided amongst them in manner herin before discribed-
One Other fifth part thereof I give and bequeath to my beloved son Edward for
and during the term of his natural life and from and after his death
I give and bequeath the same to any child or children of his lawfully begotten
to him her or them his her or their Heirs and afsigns forever.
One/otherfifth part thereof I give and bequeath to my beloved Son
Joseph for and during the term of his natural life and no longer and from and
after his death I give and bequeath the same to any child or children of his
lawfully begotten to him her or them his her or their Heirs and Afsigns forever.
One/other.fifth part thereof I give and bequeath to my beloved Son John for
and during the term of his Natural life and no longer and from and after his
death I give and bequeath the same to any child or children of his lawfully
begotten to him her or them his her or their Heirs and afsigns forever--
The remaining fifth part thereof I give and bequeath to my beloved daughter
Mary for and during the term or her natural life and no longer and from and
after her death I give and bequeath the same to any child or children of hers
lawfully to be begotten to him her or them his her or their heirs and afsigns
forever. Hereby declaring it to be my will and intention that in case any of
my before named Children should die without leaving lawfull ifsue of their body
alive at the time such parts of my Estate as is herein before given to him her
or them so dying Shall revert to and be equally divided amongst the Survivors
but subject to the limitations herein before esprefsed
Item It is my will and desire that all of the lands of. which I may die pofsefsed
shall be equally divided amongst my three sons Edward Joseph and John and I do
give devise and bequeath all such lands to my sons to be equally divided amongst
them to them their heirs and afsigns forever PROVided that my wife Mary Shall
during her widowhood have a free and undisturbed residence on the plantation
whereon I now live situated on the South West Side of Peedee River which I
purchased of Doctor Lyn and shall also during her being my Widow. have full
authority at her discretion to plant and cultivate So much of the said
plantation as may be sufficient for the number of negroes she may own and shall
also be at liberty to keep her negroes on the said plantation.
I nominate constitute and appoint my beloved sons Edward Joseph and John
Executors of this my last will and Testament hereby vesting them with full
power and authority and it is my will and desire that they Keep and retain
in their hands and under their management all and every part of my daughter
Marys fortune (So much as may be necefsary from the product thereof for her
maintenance and subsistence excepted) and that they do improve the same in
the way most for her advantage untill the day of her marriage on which day and
not before it is my will that she be put in pofsefsion of whatsoever I may
have hereinbefore given and bequeathed to her in
Witnefs I the said Joseph Burch to this my last Will and Testament subscribed
my hand and and affixed my Seal this 30th day of October in the year of our
Lord one thousand seven hundred and ninety seven. If I should have any more
children after this date or my wife be pregnant at my death if a son to share
my Estate as my other Sons if a daughter as my other daughter herein mentioned
and equally bound in the/willas my other children to be compl/d within ev. pint
Signed Sealed Published and declared by the above named Joseph Burch as and for
his last Will and Testament in the presence of us who at his request and in his
presence have subscribed our Names as Witnefses thereunto
his
Rich/dHughson ) Joseph X B Burch (SEAL)
Benjamin Bruce ) mark
John Bruce )
Recorded in Will Book 1, page 11
Original Will Missing
Sworn to on March 26, 1807 -- Hugh Giles, Ordinary for Marion District
Role No. 38
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