State of South Carolina
In the name of God Amen. I John Darwin of the State and District aforesaid do make and ordain this my last will and Testament in the manner and form following.
Viz. I will to my Daughter Pamela one Negro woman named Nan to belong to her and her children during their natural lives, Nan and her increase shall belong to Pamela and her heirs forever.
Item. I bequeath to daughter Pamela’s daughter Elizabeth Mourning, Nan’s child Malissa, during her life.
Item. To my grandson John son of Pamela I will my Negro boy Henry; and to my grandson James, my Negro girl Elvira; and further, to my grand sons John & James I will fifty dollars to be applied to their education, both principal and interest – I will to my son Payton B.Darwin, two hundred acres of land lying on Broad river.
Item. I bequeath to My Daughter Mary Kendrick, the tract of land whereon she now resides during her life and at her death the land will be sold and its value be divided equally among her children.
Item. To the children of my daughter Rachel, I will, the tract of land whereon Rachel with her husband John Powel resided at her death, and also my Negro girl Rose with her issue (except the oldest child) I will that said family live together on said land, and enjoy the benefit of the above bequest so long as practicable. But in the case the majority refuse to continue as a family and support their aged Father, then when the youngest comes of age to inherit, the said land and Negro or Negroes shall be sold and the price be equally divided amongst the children. – I will to my Grand daughter Jane Powel the oldest child of the aforesaid Rose and I do desire most earnestly that the said Jane Powel do consult some experienced friends with regard to my request concerning the best interest of the family as such. I name Wm Jameson as a friend to direct in this matter.
Item. I will to my son Robert G. Darwin a horse worth sixty dollars. – And to my daughter Matilda I bequeath the tract of land whereon she together with her husband William Berry now live, as follows, said land shall be hers and her heirs until their death, for which a deduction of four hundred and thirty dollars shall be taken out of her dividend of my estate as will be made hereafter.
Item I bequeath to my two sons in law John Powel and John Moore each five shillings hereby excluding them from any further participation of a dividend in my estate.
And now that I have gone through all the special bequest intended, I will that my Negroes Daniel and Milly be appraised and goe to the legatee with whom they wish to live at appraisement, and that the rest of the negroes be so appraised that the mothers and their small children be not separated and that the legatees to take them at appraisement by families and that my three negro men with larger children be appraised separately and be taken by the legatees (if they choose) at the appraisement, and finally, I will that my unbequethed land and all my personal estate, be sold by my executors, so that the money arising from said sale shall be payable one half in one year and the other half in two years, and equal distribution of the amount of the appraisement of the negroes and of the sale of the land and other estate, be made between the following legatees (Viz.) Nancy Harrington, Mary Kendrick, William Darwin, John B. Darwin, Jane Smarr, Matilda Berry, Pamela Summerford, Payton B. Darwin, so that each shall receive share and share alike in such manner that my five daughters and three sons shall have the full benefit of this bequest to hold it to them and the Legal heirs of their bodies.
And now I do constitute, appoint and ordain William Jamison Esqr and Gordon Moore Esqr executors of this my last Will and Testament. Hereby revoking and making void all former Testaments heretofore made by me and declaring this my last Will and Testament. In testimony whereof I have hereunto set my hand and affixed my Seal, this twenty second day of November in the year of our Lord one thousand eight hundred and thirty six and in sixtieth year of American Independence.
Signed, Sealed, published, and declared by the said John Darwin as and for his last will and Testament in the presence of us, who in his presence and by his request, and in the presence of each other have subscribed our names hereunto as witnesses of the execution thereof.
John Darwin (seal)
[Will was probated 6 November 1837.]