Recorded January 24, 1797
Proven January 24, 1797
J. B. Earle, C. C.
Roll No. 41
Will of Joseph Brown
Anderson County Wills
Vol. 1, Book A
Pages 182-188
1810

This is solemnly and deliberately  the last will and testament of Joseph Brown 
of  Broad Mouth Creek, in the District of Pendleton, in the State of South 
Carolina, planter aged seventy-eight years or thereabout, who being in a 
tolerable state of health, of body and of sound and disposing mind memory and 
understanding do make my last will and testament in manner and form following 
(that is to say) in the first place I will order and direct that my just debts 
if any be paid and satisfied out of my estate, in the next place, I give and 
bequeath, the house I now live in together with the kitchen smoke house garden, 
and all other appertaining building, and conveniences to the dwelling house 
belonging or in any manner appertaining to my much beloved wife, Mary Brown to 
hold to her during her natural life, in lieu of her dower at law I devise and 
give the same to my son David Brown, after her decease to hold to him, his heirs 
and assigns forever, I also give and bequeath to my wife, Mary Brown one good  
chair horse and the chair and harness, now in my possession and two cows and 
calves of her own choosing our of my stock, and all my household and kitchen 
furniture including the whole and every part thereof---I likewise give to my 
wife the thirteenth part I have or portion or a share equal with any of my 
children of my whole estate, to be disposed of as she may think proper, at her 
decease-

It is further my will, and I hereby order and direct that my son David Brown 
shall at his own cost or expense find and provide for his said  Mother during 
her life a decent comfortable and genteel  support and maintenance and that she 
shall be by him from time to time plentifully provided fro and be enabled to 
live in the way and manner she has been used and accustomed to in my life time, 
on the express condition of his complying with this requisition, I give devise 
and bequeath to him his heirs and assigns forever, all that plantation and tract 
of land  whereon I now live, situate lying and being on Broad Mouth Creek, in 
the District of Pendleton aforesaid containing four hundred acres (more or 
less). Together with all the rights members and appurtenances thereunto 
belonging-

I also give and devise to my son David Brown his heirs and assigns forever, a 
certain tract or parcel of land, which I purchased from Will Reed adjoining  the 
last mentioned tract of land on the East side of Broad Mouth, containing thirty 
eight or forty acres (be the same more or less). I also vie and devise to my son 
David brown, and to his heirs and assigns forever, one equal half or moiety of a 
certain tract of parcel of land, whereon Thomas Crow formerly lived situate 
lying and being on the South Fork of Broad Mouth Creek-

I also give and bequeath to my son David Brown forever the equal thirteenth part 
of all the rest and residue of my estate, not specified and particularly given 
and bequeathed away to my other children-and I do hereby expressly declare it to 
be my will and intention that my don David Brown is not neither shall he be 
answerable or accountable to my estate or to any of my children or to any other 
person or persons whatsoever for any estate, property goods chattels or money 
that he may have received from me at any time or times heretofore, or during my 
life.

In the next place, I give and devise to my son James Brown and to his heirs 
and assigns forever, all that plantation or tract of land situate lying and 
being on the South Fork of Broad Mouth Creek, containing by estimation one 
hundred and forty acres (be the same more or less) and wheron the said James 
Brown now lives. I also give and devise to my son James Brown and to his heirs 
and assigns forever, the other equal half or Moiety of the tract or parcel of 
land whereon Thomas Crow formerly lived, situate, on the South Fork of broad 
Mouth Creek aforesaid. It being my mind and intention that the said last 
mentioned tract of land be fairly and equally divided between my tow sons James 
and David Brown-

I also give and bequeath to my son James Brown, on equal thirteenth part of all 
the rest and residue of my estate, not herein or hereby otherwise particularly 
given away or disposed of-whereas I have before the making and executing of this 
will duely signed sealed and delivered a deed of gift or an instrument in 
writing particularly, a gift of two Negro girls named Suke and  Cate, to my 
daughter Fanny Lister, I do herby confirm the gift to all intents and purposes, 
and do not mean or intend that said negro slave or there increase should at any 
time be considered as belonging to my estate, or be included in the appraisement 
or division thereof but that the same negro slaves shall remain the undisturbed 
rite and property of my said daughter Fanny Lister her heirs and assigns 
forever, I also give and bequeath to my daughter Fanny Lister one thirteenth 
part of all the rest and residue of my estate not herein or hereby particularly 
dispose of

-and whereas I have heretofore on the respective marriages of my children 
William Brown, Hugh Brown, Joseph Brown, deceased, Margaret the wife of Benjamin 
Starritte, Violet, the wife of William Reed, Elizabeth the wife of James Rees, 
Mary the wife of James Duff and Jane, the wife of John Hall, and Fanny the wife 
of Moses Lister, advanced and promoted their interests respectively, in life as 
far as my circumstances would admit of, and was convenient for me, by giving and 
delivering to each of the, a reasonable portion or part of my property and 
whereas, I have been a great expense in the education of my son George A. Brown, 
and advance his interest in life by his education and otherwise more that I have 
any of my children I do herby for those reason expressly and decidedly declare, 
neither the said William Brown, Hugh Brown, the children of my son Joseph Brown 
, deceased Benjamin Starritte or Margaret his wife, William Reed or violet his 
wife, or James Rees or Elizabeth his wife, or Moses Lister or Fanny his wife or 
the said George Brown or any other person or persons claiming by from or under 
him or them shall in any manner, by any reason or account claim or be entitled 
to receive out of my estate, any other part share or proportion, than an equal 
thirteenth part or share of the rest and residue of my property, remaining 
undisposed of in this will hereinafter mentioned, and described (that is to say)  
the whole residue of my personal remaining estate, after first deduction and 
delivering unto my said wife and to my daughter Fanny, and sons David and James 
the property I have given devised and bequeathed to them respectively: shall be 
apportioned and laid off unto thirteen lotts or shares but that the whole of my 
said personal estate be collected and kept together until the month of January 
next ensuing after my decease-and I hereby order and direct that some time in 
the course of the same month, or as soon after as can conveniently be done, the 
whole thereof having been first duely appraised and valued on oath shall be 
divided into the thirteen lotts or shares aforesaid to be as near of equal value 
and proportion as is practicable, and that every one of the said lotts be 
numbered from one to thirteen and accurately  drawn out of a hat or any other 
convenient thing, first by my wife Mary Brown, and afterwards by my daughter, 
Fanny Lister, (as above mentioned) and sons David Brown, James Brown, William 
Brown, George Brown, Hugh Brown, and William Brown, the eldest son of Joseph 
Brown, deceased, in behalf of himself, and his brothers and sisters, except by 
granddaughter, Mary Brown, who now lives with one for whom I have provided 
separately and distinctly from the other children of my said son Joseph Brown, 
deceased, and my daughter Margaret Starritte, and my daughter Violet Reed, for 
the sole separate and entire benefit of themselves and their children only 
without the  interference of their husbands, Benjamin Starritte and William Reed 
and my sons-in-law James Rees, James Duff, and John Hall and Moses Lister and 
the lotts so by chance drawn and numbered as aforesaid by my said wife and by my 
daughter Fanny Lister, and by said  sons David Brown, James Brown, William, 
George, and Hugh Brown, and by the eldest son of my son Joseph Brown, deceased 
for the uses and purposes aforesaid and by my daughters Margaret Starritte and 
Violet Reed for the uses and purposes aforesaid and more particularly explained 
hereafter and by my sons-in-law James Rees, James Duff, John Hall, and Moses 
Lister shall and I herby declare and direct to make up and constitute the share 
and proportion of the residue of my estate to be divided, claimed, and received 
by my wife, children, and grand children---

and I herby declare the said property so drawn by lott, separately and 
distinctly to belong to, and to be rite and property of each of them, 
respectively forever, and in case such lotts or divisions cannot fairly and 
separately be made to that equal justice may be done to my wife, children and 
grandchildren, in that case I order, and direct each property as cannot be made 
and  formed into lotts as aforesaid to be sold and when divided into thirteen 
shares, to be equally divided to and among my wife, sons, daughters, and the 
children of my son, Joseph Brown deceased. In the shares and proportions and in 
the manner and form as aforesaid, I give and bequeath to my granddaughter, Mary, 
daughter of my son Joseph Brown, deceased , one Negro girl named Violet, also 
one horse saddle and bridal and one feather bed and furniture, which are to be 
given up to her, or to some proper person for her use and benefit before any 
division be made of the residue of my estate takes place as before directed-----
-

and whereas  it is my will and intention that the children of my said son Joseph 
Brown, deceased (excepting Mary) should solely and entirely enjoy and possess in 
equal shares and divisions that thirteenth part or share of the residue of my 
estate, to be drawn by lott as aforesaid in order to make such divisions justly 
and fairly, I order and direct the said lott to be publically sold by my 
executors, hereinafter named, on a convenient credit and divided equally among 
the children of my son Joseph (excepting Mary) and the share of each child paid 
and discharged when he or she shall marry or attain to the age of twenty-one 
years, and that Jemimah, their mother, shall not concern or intermeddle 
therewith, or to be in titled to any share of part of my estate, in any manner 
whatsoever-and whereas for prudential reasons on my part and to the end that my 
daughters Margaret Starritte and Violet Reed may safely and securely enjoy and 
possess the shares of my estate, to be by those drawn (separately) lotts as 
aforesaid, I do hereby declare the property contained in such lotts to be 
absolutely vested in my dons David and George Brown in i the survivor and their 
heirs, and I declare them to be trustees, jointly or separately, to preserve and 
protect the said property to and for the sale and entire use, benefit and behalf 
of my daughters Margaret Starritte and Violet Reed and their children-and that 
no part thereof shall be subject to the debts, contracts, or ownership, of their 
husbands, Benjamin Starritte and William Reed, and that no sale, mortgage or 
conveyance by either of them made, of the whole or any part thereof shall be 
good in law-but that the said property shall remain in the quiet and peaceable 
possession of my said daughters, Margaret Starritte and Violet Reed, during 
their life and afterwards each ones estate so drawn to be equally divided among 
their respective children, share and share a like without being in any manner 
liable to any controls or encumbrances by or on account of the said Benjamin 
Starritte and William Reed or otherwise---

      I have made and arranged this my will and disposed of all my worldly 
estate to and among my wife, children, and grand children with all the justice 
and equity that my discretion and judgment enables me,---and I do therefore 
earnestly request of all parties interested, therein to be content, and 
satisfied therewith---and to avoid all strife and contention respecting the 
decision I have ordered to be made and for the purpose of peace and unanimity in 
my family and that this will should be strictly complied with and fulfilled 
without contention,  embarrassments, cost or trouble to my executors, I do 
hereby will and declare that in case any one or more of my said children or 
their husbands or grand children should by refractory and disobedient to this my 
will or draw into law dispute or contention in my estate or any part thereof, or 
attempt to luring into Hotch Potch or into a general disruption any part of the 
money property or estate, while in my life time, I may have given to any one or 
more of my children to advance his or them in life, that and in that case each 
refectory and contentious child son or daughter shall forfeit and forever loose 
all benefit right title or share of in or to out of my estate and the same shall 
be divided to and among my other children, share and share alike, it being 
already and positively my will and intention that neither one or other of my 
children shall be accountable to by estate foe any money or property I may have 
heretofore given to them- 

      I do hereby revoke and declare to be null and void all former and other 
will or wills by me at any time, heretofore made and declare this only to be my 
last will and testament, and I herby nominate and appoint my sons Hugh and David 
Brown and my friend and neighbor Robert Telford, Executors of this my last will 
and testament.

Signed, sealed, published and declared by the above named Joseph Brown to the 
testator and for his last will and testament, in the presence of us who have 
hereunto subscribed our names as witness thereto at his request, and in her 
presence and in the presence of each other, this 17th day of January in the year 
of our Lord one thousand eight hundred and ten.

Aaron Broyles
Benjamin Bowen
James Harkins