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South Carolina. fs.
To all people to whom these presents shall come, be seen or made
known, I Mary Elizabeth Pawley (late Mary Elizabeth Miller) wife of
George Pawley of Craven County, in the said province of South Carolina,
planter, send greeting and so forth, Whereas by my marriage –
settlement and agreement made before my inter-marriage with my present
Husband the said George Pawley it was (among other things) agreed and
settled, that I the said Mary Elizabeth should have the disposal of the
lands and tenaments goods and chattels hereinafter mentioned in such
manner as I should by my last Will and Testament or other instrument of
writing under my hand and Seal to be duly executed in the presence of
and attested by competent, notwithstanding my Coverture (see fit, as in
and by the said marriage settlement and agreement recorded in the
Secretary’s Office of this Province relation being thereunto had, doth
and may more fully and at large appear) now know ye that I the said Mary
Elizabeth Pawley in consideration of the tender love and affection which
I have and bear unto my said husband George Pawley and two children,
that is to say Elias Vanderhorst and Elizabeth Moore the wife of John
Moore Esqr. respectively and to the respective children and issue
begotten or which shall hereafter be lawfully begotten of the respective
bodies of my son the said Elias Vanderhorst and my daughter the said
Elizabeth Moore, do make and delare this my last Will and Testament and
do hereby revoke and annul all former and other last Wills and
Testaments by me made or declared either by word or writing and confirm
and allow this and no other, to be and remain as and for my only last
Will and Testament and more over do nominate constitute and appoint my
said son Elias Vanderhorst, and son-in-law, the said John Moore, to be
executors in trust of this my said last Will and Testament and
accordingly do hereby give bequeath and devise unto them, my said
Executors and the survivors of them and the Executors and Administrators
of such survivor forever all and singluar my lands tenements goods,
chattels and monies hereinafter particularly specified, ennumerated and
described, upon the special trusts and confidence nevertheless and to
and for the several and respective uses ends intents and purposes herein
after respectively mentioned expressed and declared of, for and
concerning the same and every part and parcel thereof, and to, for and
upon no other use trust end intent or purpose whatsoever, that is to
say, as for and concerning my horse chair, and the harness thereto
belonging, one feather bed, bolster and two pillows two blankets one
mattress, one silk conterpain, one cotton counterpain, one mahogony
dressing table, two large mahogony tables, one dressing glass, one suit
of bed curtains four window curtains six silver tea spoons a pair silver
tea tongs eight lanaskip pictures, twelve life pictures, six pictures
with cedar frames, of the Royal family, four large maps, one portmantle
trunk, one black trunk, one painted tin box and a pair of bellows, to
and for the sole use and behoof of my loving husband the said George
Pawley for and during the term of his natural life, and no longer and at
his decease to the only proper use and behoof of my said loving daughter
Elizabeth Moore forever, or in case of her decease before that of my
said husband, then at his decease to be equally shared and divided
between such of the children and issue of her body, as shall happen to
survive him my said husband George Pawley, and as for and concerning the
respective pictures of him my loving son Elias Vanderhorst and of his
wife and the moiety or one half part of all my cash or ready money which
I shall happen to have by me, or shall be due unto me, at my decease, to
and for the sole use and behoof of him my said son Elias Vanderhorst
forever, or in case of his decease before mine then and no otherwise to
be equally shared and divided between such of the children and issue of
his body lawfully begotten as shall happen to survive me and as for and
concerning all my wearing apparel and the other moiety or one half part
of my cash or ready money which I shall happen to have by me at my
decease, to and for the sole use and behoof of her my said daughter
Elizabeth Moore for ever, or in case of her decease before mine then and
not otherwise to be equally shared and divided between such of the
children and issue of her body as shall happen to survive me, and as for
and concerning all these my five town lots of land situate lying and
being at and in George-Town Wineau in this Province, distinguished in
the plan of the same Town, by the several numbers 110, 298, 299, 300 and
301, and also all that parcel of land bought of the Executors of the
last Will and Testament of Thomas Hasell Esqr. late deceased situate and
being and adjoining to the old plan of George Town aforesaid together
with all and singular the houses buildings improvements and
appurtenances thereon or to either of the said Town lots or parcel of
land belonging or in any wise appertaining, to and for the personal use
support and yearly maintenance of him my said son Elias Vanderhorst to
go and be delivered to and among such of the children and issue of his
body begotten or hereafter to be lawfully begotten, and in such shares
or parts and to and for such several uses and behoofs and with and under
such limitations and for such estate or estates respectively as he my
said son Elias Vanderhorst shall in and by his last Will and Testament
to be duly made and executed in his life time think fit to give devise
limit and dispose of the same or for want of such disposition, then to
go and be equally shared and divided to and between all the children and
issue of his body begotten or to be lawfully begotten, which shall
happen to survive him and me to have and to hold to each of them
respectively, for ever, and as for and concerning, all that my Town lot
of land situate lying and being in George-Town aforesaid and
distinguished in the Plan thereof by the Number 61 and fronting on Broad
Street in the said Town together with the Blue house and all and
singular other the buildings improvements and appurtenances thereon or
there unto belonging and also seventeen other Town lots of land situate
lying and being at and in the said Town and severally distinguished in
the Plan of the same by the resepective Numbers
167, 274, 275, 276, 277, 278, 279, 280, 281, 281, 283, 284 and
285, 286, 287, 288, and 289, which were purchased of Archibald Baird and
William Simpson Esqr. Executors of the last Will and Testament of the
late John Cleveland Esqr. also deceased together with all and singular
the houses buildings improvements and appurtenances thereon, or on
either and every of them standing or thereunto belonging, and also my
two Negroe wenches respectively Dinah and Nanny with their and each of
their future issue and increase, my said daughter Elizabeth Moore’s
picture and one bed quilt, to and for the sole use and behoof of her my
said daughter Elizabeth Moore for and during the term of her natural
life only and no longer, without impeachment of waste in respect of the
said lands and buildings, and at her decease to go and be and remain to
the uses and behoofs of such of the children and issue of the body of
her my said daughter Elizabeth Moore in such proportion to and for such
uses and behoofs and with and under such limitations and for such estate
and estates respectively, as she my said daughter Elizabeth shall in and
by her last Will and Testament to be duly made, in writing, and executed
in her life time, whether she shall be under coverture, or sole think
fit to declare give devise bequeath limit or dispose of the same, or for
want of such disposition, then shall go to and be equally shared and
divided between all and such children and issue of the body of my said
daughter Elizabeth Moore as shall survive her and me, to have and to
hold to each of them respectively for ever, provided always nevertheless
that until such division or divisions of the said trust estate shall be
respectively made, if my said executors or trustees or the survivors of
them shall judge it most condusive to the advantage and for the interest
of my said children or child, grand-children or grand-child respectively
to sell and dispose of all or any part or parts, or parcel of my said
Town lots or other lands herein before given or devised to my said
Executors, in trust with the hereditaments and appurtenances thereunto
severally belonging then and in such case it shall and may be lawful to
and for and I do hereby authorize and impower them my said executors and
trustees, and the survivior of them his executors administrators to
bargain and agree for, absolutely sell and dispose of, for the most
profit and emolument of my said children, child grand children or grand
child, respectively and to convey and assure, in due manner and form or
law to such person or persons as shall be the highest bidder and bidders
and at the highest prices that can be gotten for the same, and to his,
her and their heirs and assigns for ever, all or any of the herein
before given or devised Town lots, lot or parcel of land and premises
together with the hereditaments and appurtenances to them, any or either
of them severally and respectively belonging or in any wise appertaining
as he or they my said Executor or Executors Trustee or Trustees and the
survivor of them, his Executors or Adminstrators shall think fit and
proper and in every such case I hereby futher will and order give and
bequeath the neat proceeds of the respective lands and premises so to be
sold and disposed of to be improved applied and finally paid over from
time to time to and for such uses and behoofs respectively, as is herein
before directed and appointed of, for and concerning the respective
lots, lot, lands and premises so given or devised as aforesaid, and to
and for no other use, intent or purpose whatsoever, anything herein
contained to the contrary thereof in any wise notwithstanding in witness
whereof I the said Mary Elizabeth Pawley have to this my last Will and
Testament set my hand and seal the eleventh day of August in the eighth
year of the reign of his Majesty King George the Third, and in the year
of our Lord Christ, one thousand seven hundred and sixty eight.
Mary Elizabeth Pawley
(seal)
Sealed Published and
declared by Mrs. Mary Elizabeth Pawley as and for her last Will and
Testament in the presence of us, who in the presence and at the request
of the Testatrix and in the view of each other, have hereunto severally
set our respective names as witnesses.
Charles Fyffe
Anthony Bonneau
William Vaux
Proved before the
Honorable William Bull Esqr. Lieut. Govr. 5th October 1770,
at the same time qualified Elias Vanderhorst Executor to the said will.
In the Court of Ordinary Novr. 30th 1770. Qualified John
Moore Executor.
Recorded in Will Book
1767 – 1771
Recorded on Page 497 |
