YAUHANNAH WILLS

 

 

Will of  Thomas Pinckney Alston

Date 21 May 1859

South Carolina

 

    In the name of God amen.  I, Thomas Pinckney Alston of Charleston, in the state aforesaid, being of sound and disposing mind and memory, make and declare this to be my last Will and Testament, hereby cancelling and revoking all former wills or testaments by me heretofore made.

    Imprimis, I order and direct all my just and lawful debts to be paid promptly after my death.  ITEM, I give and bequeath to my beloved wife Mrs. Susan Elizabeth Alston, absolutely, the following negro slaves, viz: Betsey and her two children, Hennie and Thomas, Jacob and his two sons Jack and Richard, Dublin, Hagar and her three children, Billy, Marcus and Stephen; Ansel and his wife Mary, together with the future increase of the females.  Also all my household and kitchen furniture, pictures, plate, plated ware, books, wines, liquors, china crockery, house and table linen, beds, bedding and all my other furniture of every kind wheresoever the same may be situated in Georgia or South Carolina, at the time of my decease, and also my carriage and horses.   ITEM, I give and bequeath to my wife Mrs. Susan Elizabeth Alston for and during her natural life, the use possession and occupation of my plantation or farm in Habersham County, Georgia, with the dwelling house and all other buildings thereon; and also an annuity of two thousand eight hundred dollars per annum during her life, for her support and maintenance.  ITEM, I authorize and direct my Executrix to set apart and retain from my bonds and ____in action, the sum of twelve thousand dollars, to be applied and appropriated by and under the direction of my wife Susan Elizabeth Alston, to the purchase of a lot of land and dwelling house and outbuildings, wheresoever, and in what state she chooses to select, to be used and occupied by her as a residence during her lifetime, if she pleases and chooses such lot of land and dwelling house to be so purchased.  But if she does not please to purchase such lot of land and dwelling house, as a residence for life, then I authorize and impower her to receive, retain and appropriate to her own use, the annual interest on the said sum of twelve thousand dollars during her lifetime, and at her death the said sum of twelve thousand dollars, or in whatsoever securities the same shall be then invested, shall sink into the residue of my estate, and be disposed of under the residuary clause of this my will.  ITEM, If my wife, Susan Elizabeth Alston, does purchase the lot of land and dwelling house, as above referred to, then after her death, I give and devise the said lot of land and dwelling house to my daughter Susan Elizabeth Alston, her heirs and assigns forever, if she be living at the time of her mothers death: but if she should depart this life before her said Mother then I give and devise the said lot of land and dwelling house to my two daughters Jane Ladson Alston and Rebecca Hayne Alston, their heirs and assigns forever as tenants in common, or to the survivor of them if either be dead at that time. If the said lot of land and dwelling house be never purchased by my said wife, Susan Elizabeth Alston, in her lifetime, then after her death, the said sum of twelve thousand dollars, or the securities in which the same be then invested, to sink into my residuary estate and be disposed of under the residuary clause of this Will. ITEM, I give and bequeath to each of my daughters Jane Ladson Alston and Rebecca Hayne Alston the sum of seven hundred dollars per annum during their respective minorities for their sole and separate use and benefit, and upon their respectively attaining the age of twenty one years, I give and bequeath to each of my said daughters, the sum of ten thousand dollars, for her sole and separate use forever: but if either of my said daughters should depart this life under the age of twenty one years leaving issue living at the time of her death, then I give and bequeath the said sum of ten thousand dollars, or the stocks or securities in which invested to her issue (if any) living at the time of her death.  But if she should leave no such issue living at her death under twenty one years, then the said ten thousand dollars, or the said securities shall sink into my residuary estate and be disposed of under the residuary clause of this Will, the annuities to my said daughters respectively during their minorities, to be paid to their mother for their sole and separate use respectively, until each attains the age of twenty one years.  ITEM, After my death I authorize and direct my Executrix or my Executors or such as qualify hereon after her death, as the case may be, to sell all my lands in Georgetown and Horry Districts in the State of South Carolina at such time and upon such terms as she or he or they may deem best and after the death of my said wife, I authorize and direct my Executors or such as qualify hereon, to sell all my lands and real estate in the State of Georgia, at such time and upon such terms, as he or they may deem best, the purchase money of the sales in both states to become part of my residuary estate, and be disposed of according to the direction of the residuary clause of my Will.  The titles for the said lands to be executed by my Executrix or my Executors as the case may be. ITEM, I order and direct all the rest and residue of my Estate to be divided by my Executors, into seven equal shares or parts whereof I give and bequeath 1. to my son  Dr. William Alston, one seventh part thereof.   2.  To my son Thomas Pinckney Alston, one other seventh part thereof.   3.  To my son John R. S. Alston one other seventh part thereof.  4.  To my daughter Mary A. Waring one other seventh part thereof, for her sole and separate use for life.  5.  To my daughter Susan Elizabeth Alston, one other seventh part thereof for her sole and separate use for life.  6.  To my daughter Jane Ladson Alston one other seventh part thereof for her sole and separate use for life.   7.  To my daughter Rebecca Hayne Alston one other seventh part thereof for her sole and separate use for life.  And if my said daughters or either of them depart this life leaving issue, then I give and bequeath her one seventh part thereof, to her issue living at her death, but if they or either of my said daughters die without leaving issue then living, I give and bequeath her said seventh part thereof to her next of kin by consanquinity.

    Lastly, I nominate, constitute and appoint my Wife Mrs. Susan Elizabeth Alston sole Executrix of this my Will during her lifetime, and testamentary Guardian of our infant children.  And after her death I nominate constitute and appoint my sons, Charles Alston and Thomas Pinckney Alston Executors of this my last Will and Testament.

    In witness whereof I have hereunto set my hand and seal this twenty-first day of May in the year of our Lord one thousand eight hundred and fifty nine.

 

Thos. Pinckney Alston (Seal)

 

Signed, sealed, published and declared by the Testator as his last Will and Testament, in our presence, who in his presence at his request and in the presence of each other, have hereunto subscribed our names in testimony thereof.

 

J.M. Eason

Louis D. DeSaussure

Burgh S. Burnet

 

 

Probate before George Buist Esq. O.C.D. 3rd day of May 1861.  On the 4th May 1861, qualified Susan Elizabeth Alston sole Executrix during her lifetime, therein named.

 


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