South Carolina - Acts on Education Topics

An Act to Authorize the Sale of the Real Estate of Alexander Downer, Deceased; and For Other Purposes.

December 19, 1838

The Statutes at Large of South Carolina - Volume VI, Page 595.

WHEREAS, Alexander Downer, late of Edgefield district, deceased, in and by his last will and testament, devised and bequeathed the principal part of his estate, for the purpose of establisliing and supporting, on his plantation in the said district, a school for the education of orphan children but did not give his Executors the power to sell the said plantation for the said purpose; and it appears, from the best and most unquestionable information, that the benevolent intentions of the testator must be frustrated, unless the said plantation be sold, and the proceeds of the sale invested in lands or bank stocks that will produce interest, which will better subserve the final object of the testator, as the said plantation is unhealthy, unproductive and unprofitable; and it appears that since the decease of the Executor of the said last will and testament, no one appears willing to undertake the execution thereof; therefore, for remedy thereof, and in order to render the laudable views of the testator as practical and useful, as his charitalile intentions contemplated, and for the purpose of carrying the said will 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 Commissioner in Equity of Edgefield District, do sell and convey the said plantation of the said Alexander Downer, deceased, agreeably to the order of the Court of Equity; and that the monies arising from such sale, and all other monies or lands belonging to, or to be collected for, the said estate, arising fiom sales or investments, that were bequeathed by the testator for the education of orphan children, shall be under the control and care of the Court of Equity; and the annual interest thereof shall be applied and appropriated according to the trusts and terms of the said testator's will; and that the Governor be authorized and required to appoint three commissioners, who are hereby authorized and required to superintend the erection of a suitable school house, which shall be built as near the said plantation as they shall deem expedient, and to the building of which they shall (and are hereby authorized so to do) apply the interest arising on tlie said estate; and they shall appropriate the annual interest that shall accrue on the said estate, after the erection of such school house, in the education of orphan children, agreeably to the said will; and the said commissioners shall make aimual returns of their management of the interest aforesaid, to the Court of Equity, and to the Legislature.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and thirty-eight, and in the sixty-third year of the Sovereignty and Independence of the United States of America.

ANGUS PATTERSON, President of the Senate.
DAVID LEWIS WARDLAW, Speaker of the House of Representatives.



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