BENJAMIN CUDWORTH YANCEY
In the name of God, Amen, I BENJAMIN C. YANCEY of the city of Charleston and State of South Carolina, being weak of body, but of sound and disposing, mind, memory and understanding. Considering the certainty of death and the uncertainty of the time thereof, and being desirous to settle my worldly affairs, and thereby be the better prepared to leave this world, when it shall please God to call me hence, do therefore make and publish this my Last Will and Testament, in manner and form following:
First and principally I commit my soul into the hands of Almighty God, and my body to the earth, to be buried at the discretion of my executors herein after named. And after my debts and funeral charges are paid, I devise and bequeath as follows:
I give, devise and bequeath the whole of my real and personal estate (except as herein after noticed) unto my dearly beloved wife, CAROLINE YANCEY in Special Trust for the support and maintenance of my said wife, CAROLINE and children, MARY ELIZA YANCEY, WILLIAM LOWNDES YANCEY, and BENJAMIN C. YANCEY, for and during the term of her natural life or widowhood. And in event of her death or marriage, I give, devise and bequeath my said estate, real and personal, unto JOHN BIRD of the State of Georgia, in special trust and confidence. That he apply the same, to the use, benefit and behalf of my said wife, and my three infant children, before mentioned. With power hereby conferred upon my said trustee, JOHN BIRD to apply the same towards the support and maintenance of my said wife, CAROLINE and the education of my said children, and their support and maintenance. In such manner and way and in such proportions as to him in his discretion may seem meet and proper. And on the death of my said wife, I give devise and bequeath the whole of my estate, before mentioned or so much thereof as may remain unto my three children, MARY ELIZA YANCEY, WILLIAM LOWNDES YANCEY and BENJAMIN C. YANCEY. Share and share alike. As a small token of the friendship and an earnest ______ of the very sincere love, I have and bear, towards my worthy patron and friend ROBERT GOODLOE HARPER Esquire, of the city of Baltimore and the State of Maryland, I bequeath unto him Murphy and Tacitus, left as a tribute of gratitude for the kindness, which he has been pleased to extend to me. This work will be found among my collections of books in Charleston. And I request the favor of my executors herein named, to have the same conveyed to him. With a request from me that he will be pleased to accept it, as a testimony of my affections, being well assured that his disinterested, generous and manly nature, will expect or desire no more. I constitute and appoint my worthy friends CHRISTIAN F. BRIGTHOUPT Esquire and General DANIEL E HUGER executors of this my Last Will and Testament. Ratifying and confirming this and none other to be my Last Will and Testament.
Signed, sealed, published and declared by BENJAMIN C. YANCEY, the above named testator, 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 witnesses thereto. The words "and their support and maintenance" in the second page being first interlined. Teste
BENJ. C. YANCEY (SEAL)
ALEX S. MOORE
South Carolina, Edgefield District by JOHN SIMKINS Esquire Ordinary, personally appeared before me, GEORGE MCDUFFIE, who being duly sworn doth make oath and say that he saw BENJAMIN C. YANCEY sign, seal, publish and declare this to be his Last Will and Testament. That he, the said BENJAMIN C. YANCEY was then of sound, disposing mind memory and understanding to the best of this [deponents?] knowledge and belief. And that GEORGE BUTLER and ALEX S MOORE did sign their names as witnesses thereto, at the request of the testator, and in his presence, at the same time qualified CHRISTIAN F. BREDHOUPT executor to the within. Given under my hand, at my office, the 8th day of Oct 1817. DAL E. HUGER, qualified by commission as Executor to the within 27th, Oct 1817.
JN SIMKINS O.E.D.
Recorded in Will Book A Page 385
Recorded Nov 5th 1817
JOHN SIMKINS O.E.D.
Box 32 Pkg 1150