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Facts and Events
Records in South Carolina
- Newberry Co. SC Equity Court Records, in order by year, then Package number (FHL film 24,145)
- Equity 1837: Package 6 (Box 22). John Shealy Adm. of Lydia Stephens dec vs Abel Dunkin Exc of John Dunkin dec, John Edmondson, Daniel Stewart, Nathan A. Hunter Adm. of Rachel Hilbourn, Polly Davis, William Dunkin, and Rebecca Prier, Isaac Farmer and wife Patsy, and Daniel Stewart. Bill.
- In Equity, Newberry; John Shealy adm. of Lydia Stephens decd vs. Abel Dunkin Exec. of John Dunkin & others; Bill for sale of property &c. Filed 1 Feb. 1837. Rule peo?lisked? against & Abel Dunkin, Jeremiah Dunkin, John Williams and Patsey his wife, and Isaac Farmer and Catharine his wife absent defendants in this case on 13th March 1837. /s/ D. Nance?, C.E. N.D. (Court Equity Newberry Dist.). Advise his? suppo? against ?? defendants 7 July 1837. /s/ D. Nance?, C.E. N.D.
- State of SC, Newberry Dist, In Equity. To Honorable Chancellor of said state, complaint, orator John Shealy as admin. of estate of Lydia Stephens decd, that John Duncan made his will on 5 Nov. 1805, copy attached as Exhibit A, and afterwards died leaving the same in full force and virtue. That Abel Duncan who was by the testator appointed exec. of the will duly proved it same before the Ordinary of said district and obtained Letters Testamentary. That Margaret Duncan the widow of said testator was about to commence some proceedings against Abel for the purpose of setting aside the will on the ground that the testator had married her after making the will, and to avoid litigation, Abel entered into an agreement with her by which he stipulated to give her $200 worth of other property absolutely and a negro boy named Ned for her life if she would permit the will to stand uncontested. In pursuance of the agreement, Abel delivered to Margaret the property, all of which belonged to the estate of the testator, and she gave him a receipt for same, copy attached marked Exhibit B, to which agreement the said Lydia Stephens assented. That the testator by his will after giving certain specific legacies to certain of his children, directed the rest to be sold and equally divided among his children, of which residue the said negro boy Ned formed a part. That the testator left nine children, namely the said Abel Dunkin, the said Lydia, William Dunkin, Jeremiah Dunkin, Patsey the wife of John Williams, Rebecca the wife of Humphrey Prier, Catharine the wife of Isaac Farmer, Rachel the wife of Henry Hilburn, and Polly the wife of Thomas Dain. That Rebecca and William removed from this state many years ago and are said to be both dead; that Jeremiah removed from this state about 15 years since and has not been heard from in many years; that Patsey and Catharine removed from this state with their husbands about 20 years ago and have not been heard from in many years; that Rachel and Polly are both dead; and that (sic) are no legal representatives believed in this state of either the said Polly, Rachel, William or Rebecca; that said Lydia died intestate some years since and admin. of her estate has been duly committed to your orator; and that Rachel Duncan the wife of said testator at the time of making of the will died before the said testator. Your orator further shows that said Margaret Duncan recently departed this life. That the said Abel Dunkin removed from this state many years since and has resided in the State of AL as your orator has been informed and believes that said Abel has expressed his intention to carry off the said negro Ned out of this state, and sent an agent from AL to this state a few months ago, but the agent so sent was unable at that time to carry off the negro because Margaret was then living. That Margaret died intestate leaving two children, John Edmundson and (blank) the wife of Daniel Stewart her only heirs and next of kin surviving, and Daniel and John divided her property among them without obtaining any grant of administration on her estate, and have permitted the negro to go at large without exerting any control over him as they have represented to your orator, and the said negro is now living on the plantation in this district where Margaret resided at the time of her death; and your orator charges that it was and is the duty of said John Edmondson and Daniel Stewart ("and wife" has line drawn through it) to keep and take care of the negro until he can be properly delivered over for the use of your orator and the persons entitled in remainder. That the said negro may be and your orator charges there is great danger that he will be carried without the limits of the state to the detriment of your orator without the aid of this court. That without the aid of this court, the said negro cannot be sold according to the directions of the will and the profits of his labour will be lost to your orator and the other persons interested.
- In tender consideration whereof and forasmuch as matters of this kind are properly cognizable in this court where alone adequate relief in the premises can be obtained, and to the end that said Abel Dunkin, Jeremiah Dunkin, John Williams and Patsey his wife, Isaac Farmer and Catharine his wife, John Edmondson and Daniel Stewart may answer this bill, and that your honor may grant to your orator such relief as to equity may appertain, please issue a subpoena directed to the said Abel Dunkin, Jeremiah Dunkin, John Williams and Patsey his wife, Isaac Farmer and Patsey (MAD: sic) his wife, John Edmondson and Daniel Stewart commanding them to appear to answer this bill ... Oath by John Shealy that the facts stated as of his own knowledge are true and that he believes those stated upon the information of others to be true, 12 Jan. 1837.
- And the said complainant by leave of the court for that purpose obtained by way of amendment to his Bill of Complaint, further states that since the filing of his original bill, Nathan A. Hunter has become administrator of the estates of Rachel Hilburn, Polly Dain, William and Rebecca Prior; and the complainant prays that the said Nathan A. Hunter may be made a party defendant to the bill.
- Letters of Administration (printed form); State of SC, Newberry Dist., by William Wilson Esq., Ordinary of Newberry Dist., to John Sheely; whereas Lydia Stephens late of AL deceased lately died intestate, having whilst she lived ... divers goods, ... within the State afsd, ... grant John Sheely power to administer the goods of the deceased, to make an inventory and exhibit it in the Ordinary's Office at Newberry before 1 March next ensuing, and render an account. 12 Jan. 1837, /s/ W.Wilson, O.N.D.
- Will of John Dunkin of Edgefield Dist. SC, weak of body, this 5 Nov. 1805; to my wife Rachel Dunkin all my houses and land containing 150 acres on the west side of Clouds Creek now my present dwelling for her to enjoy with my grist mill and all my furniture in my present dwelling during her widowhood, and after her decease, my son Jeremiah Dunkin to have the plantation and grist mill with said houses forever; likewise I give to my son Abel Dunkin a tract of land of 249 acres more or less where he now lives, likewise the cotton gin with privilege of water to the gin, a smith's anvil, vice & sledge hammer and a still with all the utensils belonging; likewise to my son William Dunkin 430 acres on the east side of Clouds Creek with a small mill, a smith's anvil, vice & sledge hammer forever; likewise to my daughter Rachel Dunkin a negro girl Chana forever; likewise after my decease that my debts be paid and what debts be due me with what goods may be left with the two negroes Sukey and Ben and horses, waggon, hogs, cattle, plantation tools and everything that is not mentioned above, may be sold and equally divided amongst my children with 100 acres known as Presscoats place; likewise I appoint my wife Rachel Dunkin and my son Abel Dunkin exec. /s/ John Dunkin. Wit. Isaac Davis, Ann (X) Fields, Michael Fields.
- Rootsweb
References
- ↑ 1.0 1.1 Ancestry.com. Public Member Trees: (Note: not considered a reliable primary source).
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