Will of James Ridgeway, 2 Nov 1849

The following Ridgeway documents were

transcribed by

Cynthia Ridgeway Parker

Sumter County, S.C. Equity Roll

filed 6 August 1819



Humbly complaining shew unto your Honors, your orator Edward Windam, Executor of the last Will and Testament of Peter Haley, deceased, and James F. Ridgeway and Mary his wife, late time in the year of our Lord one thousand eight hundred and _____ the said Peter Haley died. Seized and possessed in his own right of a considerable real and personal estate, consisting of tow tracts of land containing together two hundred and fifty-five acres or upwards, and two Negroes and a considerable stock of horses, cattle, hogs, and so forth-plantation utensils, household and kitchen furniture, and left a widow, to wit, Mary Haley, and three children, to wit, Esther, Mary, and Peter Timothy Ridgway Haley, all minors. That sometime previous to his death he made and executed his last Will and Testament, Exhibit A. in which he bequeated the use of all his real and personal estate aforesaid to his wife during her life, or while she remained sole and unmarried, for the maintenance of herself and children; and that upon either event, whichever might first happen, he gave and devised all his real and personal estate aforesaid to this three aforesaid, share and share alike; each to receive their respective share or portion as they should become of age or be married. And further, that in the event of either of his children dying without lawful issue, his, her or their portion or portions to descend to his surviving child or children, and that in the event of the death of all of his children their respective portions to descend to the children of one of your orators, Edward Windam, share and share alike. That in his last Will and Testament aforesaid he appointed his wife Mary Haley and one of your orators executrix and executor to the same and guardians to his children. And your orators and oratrix further shew unto your Honors that the said Mary Haley, widow of the said Peter Haley, deceased, has since intermarried with James Acock, and has thereby forfeited all her interest in the said estate under the said Will; and that one of the children aforesaid, to wit, Esther Haley, died before the death of the said peter Haley, but after the execution of the Will, leaving the whole estate real and personal to be equally divided between your oratrix Mary Haley who has since intermarried with one of your orators James. F. Ridgway, and Peter Timothy Ridgway Haley. And your orators and ortrix further shew unto your Honors that shortly after the death of the said Peter Haley, his widow Mary Haley proved the Will in the Court of Ordinary of the district, and took upon herself the duties of an executrix under the said Will, and with the said James Acock aforesaid, has had the entire management of the said estate, until very lately when one of your orators qualified as executor of the said Will. And your orators and oratrix further shew unto your Honors that the said James Acock since his intermarriage with the said Mary Haley has committed frequent and repeated acts of waste and destruction off the personal property of the said estate, having sold four horses, several head of cattle and other property at different times to the amount of between four and five hundred dollars or more, without any legal authority to do so that within a few weeks past he has carried off upwards of twenty head of cattle belonging to the said estate, in addition to the cattle he has disposed of at different times before, and first lodged them in possession of one Gideon Scurry where one of them was killed; and the said James Acock with Gideon Scurry has since drive to the Court House of this district and disposed of the said cattle at private sale to different individuals living near about the same, to wit, to Isaac Norton, Warren Macon, John Hudnal, Thomas Pringle, James Caldwell, and Jeremiah Forehands. That the said James Acock threatens and swears that he will take off one of the Negro boys and two mares and a filly belonging to the said estate, and your orators do verily believe that he will avail himself of the first favorable opportunity to put his threats into execution; and that the personal property generally of the said estate is in great danger of being further wasted, sold, destroyed, or carried off by the said James Acock. And your orators and oratrix further shew unto your Honors that they have applied and called upon the said James Acock to come to an account and settlement with your orators and oratrix for the property belonging to the said estate which he has wasted, sold and converted to his own use, and to pay all which reasonable requests the said James Acock hath hitherto refused and still doth refuse, sometimes pretending that the cattle or part thereof he purchased at the sale of part of the personal property of the said estate in pursuance of the authority of the Ordinary of the District, when in fact, if such authority was given it was without any legal authority to do so, there being no debts due by the deceased, and no authority given by the said Will to sell any part thereof and further that the said James Acock hath not accounted for one cent of the purchase money of any property he may have bid off at the said pretended sale; at other times pretending to have been claims against the estate for board and education of the children of the said Peter Haley, dec'd, when in fact he has advanced nothing for their benefit but what has been derived from the property of the estate.
ALL which acting and doings of the said James Acock are contrary to justice and equity and tend to the great injury of your orators.
In tender consideration whereof, and for as much as your orators and oratrix are remediless at common law, and relievable in this Honorable Court alone.
To the end therefore that the said James Acock and wife may be required to make true, full, and perfect answer, on oath, to all the various allegations contained in this Bill, and that he may be restrained and enjoined under a sufficient penalty from committing any waste or destruction whatever to the personal property of the said estate , so that the rightful heirs may receive their full interest in the same, and all above mentioned pretended sales set aside. And further that the said James Acock and Mary his wife, who has acted as executrix since the death of the said Peter Hale may be compelled to account with your orators and oratrix for all the actings and doing of the said Mary as executrix since the death of the said Peter Haley and pay over to your orators, oratrix whatever may be due in behalf of the said estate and deliver into the possessions of your orator Edward Windam all the property belonging to the said estate which may be in his possession. And that your orator and oratrix James F. Ridgway and wife may receive their share or portion of the real and personal property of the said estate.
May it please you Honors to grant unto your orators and oratrix a writ of injunction to restrain the said James Acock from acts of waste of the property of the said estate and also a Write of ne exeat, and a Writ of subpoena to be directed to the said James Acock and wife and Peter T.R. Haley requiring them to be and appear at the Court of Equity at Sumter Court House and answer to the premises, and shew certain Commissioners therein named to lay off and award to James F. Ridgway and wife their portion of the real and personal property of the said estate, and abide by and perform such Decree therein as your Honors shall see proper to make, and your orators and oratrix will pray and so forth.



Comp. Sol.

James F. Ridgeway's Will

The will of James Friendly.Ridgway (grandson of William Ridgeway Jr. and son of William's son Hope Ridgeway 2nd) was recorded in Will Book D, page 240 in Sumter District, South Carolina. The will was witnessed on 26 August 1847 and recorded 13 October 1847.

In the name of God Amen. I, James F. Ridgeway of South Carolina and District of Sumter being at this time of sound mind and disposing memory, but knowing that it is appointed unto all men once to die do hereby make and ordain this my last Will and Testament. First I commit my body to the earth, and my soul into the hands of God my creator, my preserver, and redeemer, And as touching my worldly goods wherewith God has been pleased to bless me, I dispose of in manner and form following. (ToWit)
First, I Give, devise, and bequeath unto my beloved wife Polly Ridgway, Three Negro slaves, named, July, Lucy, and Elsey, together with all my household and kitchen furniture, one Man called Light Foot during the term of her natural life and at her death whatever shall be remaining of the above mentioned property shall be equally divided between such of my children as may survive her. 2nd,In order to pay off my just and lawful debts, I hereby designate and set apart the following property to be sold, namely Jane and her Three children, John, Phillis, and Delia, my Blacksmith's Tools, cart, my mare Linnet and her colt, and my stock of cattle, But in the sale of my stock of cattle I desire my Executor shall exercise much care and caution, so as not to sell any that belong to my children, they having stock in the same mark and Brand, and such as they may point out and claim as their own property are not to be sold, when all these sales shall have been effected, and the money arising there from, be collected my Executor is hereby directed to pay off my debts which have been by me contracted, and the balance remaining to be appropriated to the use of my children in the following manner (To Wit) one fourth to my daughter Easter A. Poole as soon as practicable, the residue to remain in the hands of my Executor until my son Joseph Newton shall arrive at the age of twenty one Years and then to be paid his portion being one half the remainder, and the other fourth still remaining to be paid to my daughter Mary L. when she shall either marry or arrive at the age of Twenty one. But in case my son Joseph N. and my daughter Mary L. should die or either of them before the time or times specified above, then and in that case, their part or parts portion or portions to be equally divided between the survivor.
3rd.) My Executor herein after to be named, are hereby directed and specially charged to procure Head and foot stones, with suitable inscriptions thereon, and have so placed as to mark the spot where my body and also that of my Father have been deposited, and to pay for the same out of such funds as may first come into his hands-----
4th.) I hereby nominate constitute and appoint my worthy friend James C. Strange sole Executor to this my last Will and Testament hereby revoking all Wills heretofore made by me.

James F. Ridgeway (SEAL)

Signed & sealed, published & de- clared by the said Testator to be his last Will & Testament in our presence & in the presence of each other subscribed our names as witnesses thereto August 26th 1847

Moses M. Benbow
George Roe
John W. Brogden

Will of James Ridgway

(son of William Ridgeway Jr.)

Recorded in Will Book D 2 on page 207

2 November 1849.

South Carolina --- Sumter District

I James Ridgway of the District and State aforesaid do make this my Last Will and Testament------
1st I Give and bequeath unto my daughter Hulda Ann Ridgway One tract of Land containing Two Hundred and eighty three acres more or Less. It being the tract upon whereon I now live.
2nd I Give and bequeath unto my daughter Henrietta Ellen Ridgway One tract of Land containing On Hundred and Twenty Acres Lying on the head of Boggy Branch known as the Stacy Tract-----
3rd I Give and bequeath unto my two daughters Huldah Ann Ridgway and Henrietta Ellen Ridgway my House Hold and kitchen Furniture to be equally divided between them---The remainder of my estate to be sold by my executors and proceeds thereof after paying my just debts to be equally divided among all my children viz Margarett M. Haley--Lucy E. Caps--Laura E. DuBose--Huldah Ann --Huldah Ann Ridgway--Spencer W. Ridgway and Henrietta Ellen Ridgway--------
Last I do hereby nominate and appoint William L. Wilder and James F. Ridgway executors to this my last will and testament. In testimony whereof I have hereunto set my hand and seal, this 21st day of January in the year of our Lord One thousand eight hundred and forty six signed and sealed in the presence of

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