The Cestui Que Trust

Lucy Brock to W. T. Powell Deed^[1]

The State of South Carolina

Know all men by these presents that I Lucy Brock of the County of Chesterfield in the said state for and in consideration of the natural love and affection which I bear unto my son Charles A. Brock his wife Sarah J. Brock and Mary Kerry Brock the child of Irvin S. Brock all of the county and state aforesaid as well as the sum of Ten Dollars to me paid by William T. Powell of the same County and state aforesaid have granted, bargained, sold, released and conveyed and by these presents do grant, bargain, sell, release and convey unto the said William T. Powell those parts of three lots in the town of Cheraw in the County and state aforesaid known as numbers and numbered on the plan of said town as numbers one hundred and fifty six (156) one hundred and fifty eight (168) each being one hundred feet one way and two hundred the other and all being within the following lines to wit: beginning at the corner of lot one hundred and fifty nine (159) and Hugar Street then along said street two hundred feet to the corner of Peter H. Brock lot formally known as the Western Public Square; thence by said Brock line three hundred feet more or less to lot one hundred and thirty seven thence by said lot two hundred feet to lot one hundred and fifty nine thence by the line of said lot to the beginning all which was conveyed to me by deed from Michael Hennesy dated 6th January A. D. 1876 also part of lot numbered eleven in the town of Cheraw on the corner of Market and Grant Street being all of said lot (except that at one time sold by N. D. Strickland) to L. Wicker) and thirty nine feet on the West end of number twelve whereon are the stables occupied by Charles A. Brock, also all my interested being the one fourth thereof of lots in the town of Cheraw known and numbered as number two hundred and forty six (246) two hundred and eighty (280) and two hundred eighty one (281) also my one forth interest in the lots in the said town of Cheraw whereon Pleasant A. Brock resided at the time of his death being on the corner of Kershaw and Third Street together with all and singular the rights, members, hereditaments, and appurtenances and the buildings on all the said lots to the same belonging or on any wise incident or pertaining to have and to hold all and singular the said premises unto the said William T. Powell his heirs and assigns to and for the uses and purposes following; that is to say in trust that the said William T. Powell shall hold the same for the use and benefit of Charles A. Brock and Sarah J. Brock his wife for and during their joint lives free and discharged of any debts, contracts and obligations of then or either of them and so that they nor either of them shall not pledge the same on account thereof and after the death of either of them then to hold the said in trust for the sole and separate use, behalf and benefit of the survivor of them for his or her natural life and free and discharged of the debts, contracts and liabilities of such survivor in further trust after the death of both the said Charles A. Brock and Sarah J. Brock without leaving any child or children living at the time of their death or in case the said Charles A. Brock shall die without leaving any child or children by any wife he may hereafter marry then to hold the same in trust for Mary Kezzie Brock the child of Irvin S. Brock should she continue to live with the said Charles A. Brock and Sarah J. Brock during their joint lives or with the survivor of them during his or her natural life (but her marriage shall not be a breach of the condition and in that event she shall be at liberty to leave this without forfeiting her interest herein) and for such child or children of the said Charles A. Brock by any wife he may have share and share alike.

In further trust that upon the death of Charles A. Brock and Sarah J. Brock without child or children as aforesaid of the said Charles A. Brock living at the time of his death and the death of Mary Kezzie Brock without leaving any child or children and the death of any child or children of Charles A. Brock living at the time of his death as aforesaid or if the said Mary Kezzie Brock not having married shall not continue to live with Charles A. Brock and Sarah J. Brock during their joint lives or with the survivor of them for his or her natural life there to convey the same to Sarah Brock the widow of Hezekiah Brock and her heirs absolutely free from all trust: that is to say after all the aforesaid Cestui Que Trusts* have ceased to exist or cannot by the terms thereof claim any interest in the same. But if the said Charles A. Brock shall have child or children and the said Mary Kezzie Brock shall marry and have a child or children then the trust shall be discharged and the property be conveyed to them and their heirs or to such of them as are living. Or if Charles A. Brock shall leave no child or children but Kezzie Brock shall not forfeit her interest therein and shall have child or children then to her and her heir’s absolutely. But the said William T. Powell trustee as aforesaid by the consent of the Cestui Que Trusts for the time being shall allow me to have, use, occupy and enjoy any of the premises aforesaid during my natural life and also on the written request of the Cestui Que Trust for time being sell or exchange any of the said property and invest the proceeds of such sell in other property which property received in exchange or purchased by the proceed of such sale shall be held by him subject to the same trusts and on the same terms and conditions as are herein stated. And I do hereby warrant and defend the said premises unto the said William T. Powell his heirs and assigns and successors in this trust from and against the lawful claims and demands of persons whomsoever. Witness my hand and seal this eighteenth day of March in the year of Our Lord One Thousand eight hundred and eighty and in the one hundred and forth year of the Sovereignty and Independence of the United States of America.


Signed sealed and}                                                     her
Delivered in presence of }                                   Lucy X Brock {S}
The name of Kezzie being                                                mark
changed to read Mary Kezzie                                                                                                                               
Theo. J. Mulloy}
W. M. Brock}



I accept the within trust.

March 18th 1880                                    W. T. Powell {S}
In presence of
W. M. Brock

The State of South Carolina} 
Chesterfield County}
Personally comes T. F. Mulloy and makes oath that he saw the within named Lucy Brock sign seal and as her act and deed deliver the within written deed and that he with W. M. Brock witnessed the execution thereof.
Sworn to before me}                                                           T. F. Mulloy
18 March 1880
W. L. T. Prince {LS}
Trial Justice

We do hereby request the trustee to allow Mrs. Lucy Brock to have, use, occupy and enjoy any of the within premises as long as she may choose so to do.
                                                                                          Charles A. Brock
                                                                                          Sarah J. Brock

Auditor’s Office}
Chesterfield County}
                                 Recorded 23rd March 1880 on Sales Book “A”, page 155
                                                                                          C. L. Evans
                                                                                          Auditor

Recorded 23rd March 1880

Orign’l Dlv’ to W. T. Powell

 There are only two known documents that reference Mary Kezzie Brock. Those two documents are the 1880 Census[2] for Chesterfield County, South Carolina and the Cestui Que Trust[3] (DB 6, page 782-785) naming Mary Kezzie Brock as beneficiary.

Mary Kezzie Brock was born about 1876. She was the daughter of Irvin S. Brock and his wife Mary K. Proboff, (this is translation of her last name from tombstone[4], never confirmed). Mary K. Brock died during or shortly after the birth of Mary Kizzie.  Irvin was a son of Alexander Brock and Timmey Smith.

If you have any information about Mary Kezzie Brock please contact me by e-mail or this blog.

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[1] Land Deed - Lucy BROCK to W. T. POWELL; Deed Book #5; Page(s) 782-785; Register of Deeds; Chesterfield, Chesterfield County, South Carolina; 23 July 2012

[2] 1880 U. S. Census, Chesterfield County, South Carolina, population schedule, Cheraw, Chesterfield County, South Carolina, enumeration district (ED) 002, Page 287B, Line 33, Dwelling 534, Family 528, Household of [Irvin] Sam'l BROCK; digital image, Ancestry.com (http://www.ancestry.com : viewed 2 June 2012); citing National Archive Microfilm T9, Roll 1225.

[3] Land Deed - Lucy BROCK to W. T. POWELL; Deed Book #5; Page(s) 782-785; Register of Deeds; Chesterfield, Chesterfield County, South Carolina; 23 July 2012

[4] Jim Tipton, Find A Grave, digital image, http://www.findagrave.com; Headstone for Mary K. Proboff Brock; (25 April 1858–18 August 1876); Memorial # 80864519; Record of the Old Saint Davids Episcopal Church Cemetery; Cheraw, Chesterfield County, South Carolina, USA; Accessed on 11 June 2011.

 * Cestui Que Trust – The beneficiary of an estate held in trust