Will of Malachi BRIGMAN, 1856

Contributed to Marlboro County SCGenWeb by Terri Brigman England, 18 March 2000

Will of Malachi Brigman 
Marlboro, SC, 1856
Book of Wills, Page 349
(Transcribed 3/2000 from the original by Terri Brigman England)


The State of South Carolina,


I, Malachi Brigman, of the District of Marlborough in
the said State, do hereby make, ordain and declare
this for my last Will and Testament, in manner and
form following, hereby revoking and making void all
former wills by me at any time heretofore me made. 
After my debts are paid, I wish the following
disposition made of my property and affects:


Item 1st:-  To my wife Celia Jane I give and bequeath
two feather beds, my carriage, sideboard, six sitting
chairs, a note I hold on R.c. Emanuel for about $200,
a yellow horse, and a mare named Flora - the horse and
mare to be for the use of my unmarried daughters also,
as long as they stay with her: also two cows and
calves, and two sets harness.


Item 2nd:  To my children by my present wife, John L.
and Rebecca Jane, I give, bequeath and devise a negro
woman named Harriet, her child named Henry and all her
future increase, to each an equal share; also what I
consider to be an equal share of the 1200 acres tract
of land where I reside, that is to say, so much of the
said tract as lies south of a line to be drawn from
the Cheraw Road to the Alston line, running paralel
with the Lumberton Road just half way between the said
road and Chesley Brigman's house; the said negroes and
land subject to the use and enjoyment of their mother,
my said wife, during her life and widowhood.  Which
provision, to-gether with the legacy before mentioned,
is to be in lieu of her dower.  The said land I also
intend as a home for my unmarried daughters while they
may choose to reside there.  If one of the said
children, or both of them, should die before their
mother, then his or her or their part to go to the
children of my first wife, to vest as the rest of
their property does.


Item 3rd:- To each of my two daughters, Charlotte and
Laura Jane I give and bequeath a good feather bed and
furniture and two cows and calves.
Item 4rh:-  To my son Chesley D. Brigman, to him and
his heirs forever, I give and devise another third
part of the tracts of land before mentioned, lying
between the Cheraw Road and the Alson line, and
between the north line of the land already devised to
John L. and Rebecca Jane and another line drawn
parralel with the Lumberton Road between the said
Chesley's house and Evander Brigman's house (field
meant.)


Item 5th:-  To my son Malachi Evander Brigman, to him
and his heirs forever, I give and devise another third
part of the same tract of land, lying between the last
line mentioned and Danl McInnis land, and between the
Cheraw Road and the Alston line.


Item 6th: - To my sons Chesley and Evander jointly, to
them and their heirs forever, I give and devise fifty
acres of land on which my Mill stands.


Item 7th: - I give, bequeath and devise to my two sons
Chesley D. and Malachi E., and to the survivor of
them, to his and their heirs, six shares of my entire
estate equal to the shares of my other children by my
first wife (which I intend shall all be equall)  In
trust nevertheless, that they permit my daughters
Rachel Cole, Irene Broach, Elizabeth Ann Sanderson,
Charlotte Brigman and Laura Jane Brigman to have the
use, prossession and enjoyment of their several shares
in property, provided as many of my said daughters as
reside out of the state give bond with security that
their parts shall be subject to the provision of this
my last will and testament; parts shall be subject to
the provision of this my last will and testament; and
if in cash, that my said trustees pay the interest
annually to them; the said property not to be in any
wise subject to the debts or contract of their
husbands.  When each of my said daughters dies, my
said trustees are to convey the mother's shares,
whether in property or money, to her child or children
as they arrive at full age.  Should any of my above
mentioned daughters die without child, then her share
to go to my other children by my first wife to vest as
the rest of their property does.


Item 8th: -  I give bequeath and devise to my son
Malachi Evander Brigman, and his heirs, a share of my
estate equal to the shares of my first children, In
trust that he hold the same for the use of my daughter
Narcissa Paul if she should survive her husband Van
Paul, and at her death that he convey the same to her
children; and that in the mean time he keep her from
suffering.


Item 9th:-  The child of Rachel Cole born before her
marriage to have an equal share with her other
children.


Item 10th:-   I desire that my tract of 500 acres of
land in Marion District just above Little Bluff on the
Peedee River be sold by my executors, on a credit of
two or three years.


Item 11th:-  It is my will and desire that all my
children by my first wife share equally in my
property, either in prossession or beneficially as
hereinbefore provided, and that my executors appointed
suitable persons to ascertain the share of each and
bring them to equality by valuation, and requiring
those who receive more to pay to those who receive
less, which division is to be equally valid and
binding as done by order of any Court of Law or
Equity.
Item 12:-  Should any of my children, that is, any of
my sons, daughters or their husbands, attempt in any
manner to form to break this my last will and
testament; it is my will and desire that they receive
nothing more than one feather bed apiece and two cows
& calves; and the share that I have devised or
bequeathed to such child or children, I devise or
bequeath to be equally divided among my other
children.


Lastly:-  I do hereby nominate, constitute and appoint
Robert G.W. Hodges, Chesley D. Brigman, Malachi
Evander Brigman and Donald Matheson executors of this
my last will and testament.
Item:-  In the legacy I leave for John L. and Rebecca
Jane, mentioned in the second item, I do hereby
include a negro man named Willis, which is there
omitted, to vest as the property there in mentioned.


In witness whereof, I the said Malachi Brigman, the
testator, have hereunto set my hand and seal the ninth
day of March in the year of our Lord one thousand
eight hundred and fifty-six.


                                      Malachi Brigman


Signed, sealed & declared by the said Malachi Brigman
the testator, in the presence of us, who in this
presence, and in the presence of each other, have
hereunto subscribed our names as witnesses.
P.A. Berry, Thomas Brigman, B.C. Brigman

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