Equity Bill - Peter Haley - James Acock
Sumter County, S.C. Equity Roll, filed 6 August 1819
THE STATE OF SOUTH CAROLINA)
SUMTER
DISTRICT
) IN EQUITY
TO THE HONORABLE JUDGES OF THE COURT OF EQUITY OF THE SAID STATE.
Humbly complaining shew unto your Honors, your
orator Edward Windom, 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, & 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 bequeatedthe 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
Windom, 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 Jame Acock, and has thereby forfieted 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
siad 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 afte the death of
the said Peter Haley, his widow Mary Haley proved teh Will in teh 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 lateley
when one of your orators qualified as executor of the said Will. And
your oratorsd & oratrix further shew unto your Honors that the said
James Acock since his intermarriage with the said mary Hel yhas
committed frequent and repeated acts of wstre and destruction off the
personal property of the siad 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 hs 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 veryly believe that he will avail himself of the first
favorable opportunity to put his threats into execution; and that the
presonal 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 futher 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 & oratrix for the property
belonging to the said esate which he has wasted, sold and converted to
his own use, and to pay all which reasonable requests the said James
Acock hath hiterto refused & 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 consideraton whereof, and forasmuch
as your orators & oratrix are remediless at common law, and
relievable in this Honorable Court alone.
To the end therefore tha the said James Acock
& wife may be required to make true, full, adn 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 whateverto the personal property of
the said estae , 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 sai Peter Hale may be
compelled to account with your orators & 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 Windom 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 & 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
Writ of ne exeat, and a Writ of subpoena to be directed to the said
James Acock & wife & Peter T.R. Haley requiring them to be and
appear at the Court of Equity at Sumter Court House & answer to the
premises, and shew certain Commissioners therein named to lay off and
award to James F. Ridgway & 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 & oratrix will pray & so forth.
Dyson
Comp. Sol.