I ANDREW TURNBULL of Smyrna in East Florida declare this to be my last Will.

That is, I Will that after my death all my Estates and Effects of whatever Kind be disposed of, bequeathed, devised and in whatever terms generally used in the Manner following.

That is, I Will that the whole of my Estates and Effects, personal and Real, be divided into Ten equal parts in the manner agreed on by the under mentioned Executors of this my Will, of which ten equal parts, My Lawful Wife Maria Gracia Turnbull, is to have two tenths at her disposal and for her use. My Eldest Son Nichol two tenths and the other Six tenths to be divided equally among my other Children, Mary, Jenny, Margaret, William Duncan, Robert James, and John each to have one tenth, all this to be under the direction and management of the Honorable William Drayton, Chief Justice of this Province, Mr. James Passman (?), my wife Maria Gracia Turnbull and my nephew Mr. Andrew Turnbull. Also of my eldest Son Nichol when twenty one Years of Age.

It is also my Will that a division of my Estates and Effects do not take place till the year 1778 when my oldest Son will be of Age. I recommend also, that these aforesaid Executors keep the whole together as long as they can, that it may become of more benefit to my Wife and my Children.

And it is also my Will, that the shares or tenths above specified for each of my younger Children "Viz" Mary, Jenny, Margaret, William Duncan, Robert James, and John be not paid to them till they are arrived at the Age of Twenty One Years.

I also Will that my Nephew Andrew Turnbull be paid five P. Cent out of this Next Yearly produce for his care and trouble in the management of my Estates & for my Wife Maria Gracia and Children.

I also declare that it is my Will that in case of the death of any of my Children before they are of Age, that the Shares or tenths of these deceased Children be divided among the others in equal Shares.

I also recommend to my Nephew Turnbull, and I also desire it as a Service to my Family, that he would continue as Manager of this Settlement if agreeable to the Executors or heirs of my deceased Partners, but if the Said Executors put this Settlement into other hands, I Will in that Case that a division take place, and that my whole Effects and Estates be Separated (unintelligible) and disposed of as seems best to my Executors.

I further declare that at this present time I am in a Sound State of health, both in Body and mind, and that I am not influenced by any Sinister Motive whatever in the above disposal of my Estates and Effects nor am I influenced by Custom in leaving more to my Eldest son than to the others but it is with a View of enabling him to establish himself in such a Manner as he may be of Service to my Youngest Children.

I Will also that my Wife Maria Gracia continue to be one of the Executors after her Second Marriage if she chooses to enter into that State a Second time. But ...................(sentence unintelligible)

I Will that if it shall be her wish....to dispose of her two Shares that it shall not be in her power to give it away in her life time but by Will at her death. I mean (by) this that she may have a livelihood always, as her good nature and affection for her Children or other Motives might induce her to part with her Share and consequently she might be in distress afterwards.

I think proper to add to this my Will, That if any of my Children are married before they are of Age and die before they are Twenty One Years of Age then in that case their tenth or Share is to go to their Child or Children and no to be divided as is said above among my other Children.

This I declare to be my last Will and Testament all wrote with my Own hand this thirtieth day of December in the Year of Our Lord One thousand Seven hundred and Seventy five and Sealed and Signed at Smyrna by me.

s/ Andrew Turnbull (L.L.)

Witness Robert Bifsot
Witness Abr. Marshall
Witness Daniel Charmier

Proved before Charles Lining (?) Esquire O.C.T.D. March 17, 1792, at same Time qualified Nichol Turnbull Executor.

SOURCE; South Carolina Archives, Delt.,
Columbia, S.C. Charleston Will Book
"B", pages 636 and 637,
Andrew Turnbull.

   

Jerry Delany