THIS IS NOT MY LINE.I KNOW NOTHING MORE.Am volunteering clean/sort old Jefferson Co., AL documents for eventual digitizing, found this.Hope it helps someone:
LAST WILL & TESTAMENT OF ROBERT ADGER
Charleston, South Carolina, 9 December 1886
This was in Jefferson County, Alabama Loose Court Records, Box 8631, Case 2660, John B. Adger (as Executor of the estate of Robert Adger, deceased) vs Clara W. Bowen, et al, marked “Exhibit A”;apparently retyped from the original.The case, filed in 1900, states Robert Adger died in Charleston, SC on 8 May 1891.Transcribed verbatim by Mary Lu Nelson Johnson as it appears in the court case:
The State of South Carolina.
Be it remembered, That I, Robert Adger, of the City of Charleston, being of sound and disposing mind, do make, publish and declare the following as and for my last will and testament, hereby revoking all wills by me at any time heretofore made.
First.I direct my executors hereinafter named, to pay all my just debts and funeral expenses, as soon as they can conveniently, after my decease.
Second, I do here state that all of my Furniture, Glass, Mirrors, Crockery, Books Plate, Household Linen and other articles of like nature, now or lately being in the house where I now reside, known as No. 38 Meeting Street in this City, were purchased some years since by Mrs. Clarissa A. Burt, at the price of Eighteen Hundred Dollars, and by her presented, in fee, to my four daughters, Jane E. Adger, Susan D. Adger, William Adger and Mrs. Mary L. F. Flinn, (born Adger).I only mention, therefore, in regard to this property, that I earnestly request my said daughter Mrs. Flinn, if it shall be desired by my three unmarried daughters, or the survivor or survivors of them, that she do convey her entire interest in all of said property to them or her, at a price based upon a whole valuation of Eighteen Hundred Dollars.
Third.As Trustee for my daughters, under the will of Thos. Fleming, I invested a portion of their funds in the purchase of a share in the Islington Farm near Philadelphia.After the death of my daughter, Sarah E. Warren, I purchased from her husband and legatee, W. Dalton Warren, her interest in this investment.It is, however, my desire, nevertheless, that what ever may be realized from her share so bought and now owned by me, should be settled upon her daughters, Jane E. A. Warren and Anna M. Warren, in accordance with the fifth paragraph of this will.Islington Farm has been sold and I have already received up to the date of August 3rd, 1885, in part payment of the amount coming to me, on my share so purchased as above stated, the sum of Eight Hundred and forty-eight and 65/100 Dollars, which amount stands on the books of James Adger & Company, No. 6, at the credit of Robert Adger, No. 3.Further payments have since or will hereafter be made, and will be credited by me, as received, to same account on said books, and my wish is, that whatever the total amount realized ultimately from this source may be, shall be invested and held by my executors in trust for my grand-daughters, Jane E. A. Warren and Ann M. Warren, in addition to any other amounts which they may receive under this will. I, therefore, give, devise and bequeath, unto my executors herein named, or to such one or more of them as may qualify on this will, and to the survivor or survivors of them, all such sums of money, as may at the time of my death, stand at credit of Robert Adger, No. 3, on the books of James Adger & Company, No. 6, and also all such further sums, if any, as they may from time to time in the future collect or receive from my said share or interest in Islington Farm, to be held and invested by them for the benefit of my said grand-daughters, Jane E. A. Warren and Anna M. Warren, but to and upon the uses and trusts and subject to all the terms and provisions contained in the fifth paragraph of this will.
Fourth.All the rest, residue and remainder of my property, of every nature and kind, I give, devise and bequeath unto my children to them their heirs, executors, administrators and assigns forever, to be equally divided among them, share and share alike, the issue, however, of any one or more of my children, who may have died before me, to take among them by representation the share which their parent would have taken alive.
Fifth.It is my will, however, and I so direct, that any portion or share, which my grand-daughters, Jane E. A. Warren and Anna M. Warren, or either of them, may receive, under this will, either as representing their mother or otherwise, shall be invested by my executors hereinafter named and held in their names as Trustees, for the sole use of my grand-daughters respectively, during their minority and until the [sic] severally attain the age of twenty-one years; depending, however, such portion of the whole of the interest, or income of the said funds, as my executors may deem necessary for the proper support, maintenance and education of my said granddaughters, and re-investing any balance or amounts of interest that may remain unused, and from and immediately after my said grand-daughters shall attain respectively the age of twenty-one years, then to hold the said funds so invested for their use and to pay over the income or interest thereof, unto my said grand-daughters respectively, for and during the full terms of their respective and natural lives, for their sole and separate use upon their orders and receipts, signed no more than three months before said income becomes due and payable; and not to be subject to any anticipation, sale, alienation, or disposal by their or either of their own acts, or by any act of law, whether for or without consideration, nor to any debts, liabilities or engagements of any husbands they may severally have or take, nor to any attachment or execution against them respectively in any way whatever, nor to any debts, liabilities or engagements which they or either of them may contract, and upon the death of my said grand-daughters respectively, to hold the same upon such trusts and for such persons and estates as may be designated, expressed and contained in my last will, testament or appointment in the nature thereof to be made and signed by said granddaughters respectively, and in default of such last will, testament or appointment in the nature thereof, in trust for the children of my said granddaughters respectively, and the issue of any deceased child living at the time of the death of my granddaughters respectively, their respective executors and administrators share and share alike, freed and discharged from all other and further trusts whatsoever, such issue however taking only their parents share; and in default of both last will and testament and appointment and of issue living at the time of death of my said grand-daughters respectively, then in trust for the survivor of my said grand-daughters, subject however to the same uses and trusts as are hereinbefore provided for the share originally held in trust for each survivor.And in case of the death of the survivor of my said grand-daughters, without leaving any last will, testament and appointment, and without issue living at the time of her death, then in trust for the issue of her deceased sister, to them, their heirs, executors, administrators and assigns forever, freed and discharged from any and all further trusts.And in case there be no issue of her deceased sister then living, then in trust for such persons as would at that time, under the intestate laws of South Carolina, be the heirs at law of me the said Robert Adger, to them and to their heirs, executors, administrators and assigns forever freed from all trusts whatsoever, to be divided between them in such proportion, as they would be severally entitled to, under the said intestate laws.
Sixth.I authorize and empower the executors and trustees herein named by me, to make investment of the trust funds herein provided, by loans or otherwise and either in real or personal estate; according to their sole and absolute discretion, and from time to time as often as occasion requires to make such changes in the investments as they may deem proper and advantageous hereby investing them with every and all power or powers necessary to carry in to effect such purposes; and I further will and direct that they shall not in any instance be made responsible for mistakes of judgment where they have acted in good faith, although it may be injurious to the interests committed to their care.
Seventh.I nominate, constitute and appoint, my brother, Rev. John B. Adger of Pendleton, my brother J. Ellison Adger and my nephew Augustine T. Smythe of Charleston, Executors of this Will and Testament, and also Trustees of the trust estates of my grand-daughters, Jane E. A. Warren and Anna M. Warren, hereinbefore named, and I give to my said Executors and Trustees, or to such of them as shall qualify upon this will, and to the survivor or survivors of them, for the purpose of making a division of my estate or for a change of investment, whenever and as often as they consider it advantageous and whether they may be at the time acting in the capacity of executors only, or in the capacity of Trustees under any of the trusts created by this will, full power and authority to grant, bargain and sell, lease, exchange or make partition of all or any parts of my estate or of the said trust estates, real or personal, either at public or private sale, for any price or consideration, with any reservation, restrictions or conditions, for cash or upon credit, or upon part cash and part credit, taking security upon the premises for any balance of the purchase money, and to sign, seal, execute and deliver all deeds, conveyances and other instruments necessary for the purposes aforesaid, without any obligation on the part of the purchaser to see to, or to be responsible for the application or misapplication of the consideration paid or given therefore, or for the propriety or expediency of any exercise of the power.
Lastly, I give and grant unto the said Trustees hereinbefore named, or to such as shall qualify, and to the survivor or survivors of them, power and authority to substitute other trustees in their place and stead, or to act in conjunction with them or him, with the same powers, privileges and duties as are herein imposed and conferre [sic] upon themselves, and this to do as often as they shall deem it wise for the benefit of the said trust estates.
In testimony whereof, I have hereunto set my hand and seal, this ninth day of December, Anno Domini, Eighteen Hundred and eighty-six.
(Signed) Rob’t. Adger.(Seal)
Signed, Sealed, Published and Declared, as for and his last Will and testament, by the within named testator Robert Adger, in our presence, who at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses to the same.
(Signed) Agnes M. Neil,
N. M. Porter,
A. M. Lee.