South Carolina - Acts on Education Topics

An Act to Enable the Agricultural Society of South Carolina to Dispose of the Estate of the Late Dr. John DeLa Howe, in the Manner Therein Mentioned.

December 21, 1799

The Statutes at Large of South Carolina - Volume V, Pages 359-360.

WHEREAS, John Delahowe, late of Abbeville county, in the district of Ninety-six, physician, deceased, in and by his last will and testament [1797], devised and bequeathed all of his estate to the Agricultural Society of South Carolina, in trust for the purpose of establishing and supporting, on his plantation in the said county, a seminary for the education and support of orphans, or the children of poor people; but did not give the said society power to sell the same, for the said purpose. And whereas, it appears from the best and most unquestionable information, that the benevolent intentions of the testator must be frustrated, unless that Society be empowered to sell a part of the same, and vest the proceeds of the sale in such funds as will produce an income sufficient to maintain the institution contemplated by his will; inasmuch as by far the greater part of his estate consisted of lands in the said county of inferior value and fertility, which cannot be rented out to advantage by any one, but more especially by that Society, as it is established in a part of the State very remote from Abbeville County. And whereas, the said Society have prayed to be discharged from that trust, if they should not be empowered to sell a part of the said estate, and there is reason to expect that if this power be not granted to them, the charitable wishes of the testator may be wholly defeated: Therefore, for remedy thereof, and in order to render the laudable views of the testator as extensively and certainly beneficial as his liberal mind had contemplated, and for the purpose of supporting his said will, and carrying the same into effect, according to the true spirit thereof:

I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the said Society shall have full power and lawful authority to sell and convey away, upon such terms and conditions, and at such time or times, and place or places, as they may deem most advantageous to their trust, the whole of the estate, real and personal, wheresoever and whatsoever, of the said Dr. John Delahowe, (excepting a tract to contain fifteen hundred acres of land, to be reserved for the school, including the spot and improvements upon the plantation called Lethe, whereon the testator died;) and that the monies arising from such sales, and all other monies belonging to or to be collected for the said estate, shall be vested in the stock of the United States, or of this State, or of the Branch Bank, or South Carolina Bank, in Charleston; and that the annual interest or clear income thereof shall be applied and appropriated according to the trust and terms of the said testator's will.

In the Senate House, the twenty-first day of December, in the year of our Lord one thousand seven hundred and ninety-nine, and in the twenty-fourth year of the Independence of the United States of America.

JOHN WARD, President of the Senate.
WM. JOHNSON, Jr., Speaker of the House of Representatives.

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