WILL OF WILLIAM CAIN

I, William Cain, of Sumter District, SouthCarolina- farmer, being in sound Health & mind; but mindful thatit is appointed for me to die; do make and publish this may last Will& Testament-hereby revoking & making void, all former willsby me at anytime heretofore made-------------First&emdash; I desiremy Executors to conduct my Funeral in a plain decent manner; and asto such worldly goods as it hath pleased God to bless me with--Idispose of the same as follows--------- Second--I desire that mydebts & funeral expences shall be paid without anydelay---------------- Third--I give to my wife Mary Cain, duringwidowhood; a life estate in all my property Real & Personal(except in such property as may be hereinafter excepted) for thefollowing purposes--1st--that she will, out of the profits thereofsupport herself & family decently 2d give to our Son RichardBeury a liberal education; & to our daughter Emma Elizabeth aplain education, & 3d Put out securely at interest, the balanceof the Profits of my estate. Fourthy--In the event that my wife MaryCain should marry again then I give her during lifetime- one fourthof such of my negroes, as shall not hereafter be named--also Agnes& Rufus, & Rachel during her lifetime, together with the useof the House & Plantation & Stock of all Kinds-----------Fifth---I give to Son Richard Beury, all my real Estate (except asabove, reserving a life estate to my wife Mary Cain) with whom, afterthe completion of his education, I trust Richard will live, until herdeath---------------- Fifth--I give to Son in Law Caleb Williams,permission to clear & work as muchas three hundred acres of theFalkner Tract of land commencing on the Southline, its whole extent,so as not to interfere with my planting lands; This priviledge tocontinue until Richard comes of age But Mr. Williams, is not atanytime, to sell or Rent any improvement or Land---------------Seventh--I give permission to my daughter Emma Elizabeth, after hermarriage; to Build & Settle & plant, any where on my lands;that may not interfere with my Plantation--and then to continue untilRichard comes of age--But she, nor her Husband; may not sell or Rentimprovements or Lands------------------- Eighth--I give to mydaughter Emma Elizabeth, the Following named negroes & theirissue of such as are female--viz--Charlotte Tom; Eve; Adam; &Susannah; To be allotted off to her, by my Executors on the day ofher marriage--but should she die without having lawful child orchildren, or lineal descendant alive at her death; then the saidnegroes, are to belong to my Son Richard; & his issue; & indefault, of his leaving lineal descendant alive at his death, thenthey are to revert to my right Heirs-- Ninth--I give to my SonRichard Beury the following named negroes; to be allotted off to himby my Executor, on his arriving at twenty one years of age, orgetting married--viz. Frank, Hannah & her children Martha,Isaiah, & Ellen--also Sylvia Montgomery Anthony & Will--andafter the death of Mrs. Cain, the three following negroes (viz)Sally--Agnes--& Rufus--But Should he die, & leave no linealdescendant alive at his death; then the aforesaid negroes are torevert to my right Heirs------------------------ Tenth--Havingalready given to my Son in Law Caleb Williams, three negroes, Randal;Jenny & Esther: and Six Hundred & Twenty five Dollars inready money I further give, after the death of Mrs. Cain If Mrs.Williams my daughter, is then alive, or any lineal descendant ofhers. To my said daughter Bethia Williams & her issue, thefollowing named negroes & the issue of such as are female,Viz--Henry & her children Flora, Anderson, Paul, and Wilson &Amelia--But if my daughter Bethia dies leaving no lineal descendant,then the aforesaid negroes are to revert to my Children--Richard& Emma & their posterity---------- Eleventh--The balance ofMy negroes, I desire after the death of Mrs. Cain, to be equallydivided according to valuation; & I give one half thereof to mySon Richard if alive--if not, & he has left lawful issue, then tosuch lawful issue, & in default of such; then to my daughterEmma, & her lawful issue, & in case of her death, leaving nolawful issue, then to my right heirs--The other half, I give to myDaughter Emma & her lawful issue; & in case of her death,leaving no lawful issue, then to my Son Richard & his lawfulissue; & in default thereof to my right heirs.

Twelfth-- I give the whole of my Stock--PlantationTools, & Furniture of every description--also all money atinterest, also all other property I possess to my Son Richard exceptsuch as has already here bequeathed. Thirteenth I wish if possible,that my Son Richard may be Sent to West Point Academy two years;& if the profits of my estate should dwindle so much as to beinsufficient for his education; then I wish money at interest may betaken for that purpose; & if that fail--then some of the balanceof my negroes, not bequeathed by name to be sold by my Executors,& the proceeds applied to his education Lastly--I appoint Mrs.Cain, Executrix of this my last will & testament--also my SonRichard Executor after he comes of age-and in case Mrs. Cain diesbefore Richard comes of age then my friend W. L. Richardson I appointto be Executor until Richard comes of age-- Signed Sealed Published& declared by the above named William Cain; as & for his lastWill & Testament--in the presence of us, who have hereuntosubscribed our names, as witnesses thereto--in the presence of theTestator; and in the presence of each other------------2d Feby1835-----------

 

Jno I. Brunson Wm Cain

(SEAL)

 

W. J. Compton

 

Jas T. G. Richardfore

 

(Recorded in Will Book D 2 pge 18)

 

(Recorded Sept. 12th 1840)

 

W. Lewis O. S. D.

 

Bundle 132 Pkge 11