Amanuensis Monday~Bill of Complaint, Wm Sellars & Wife & Others

Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.

His definition of Amanuensis is: Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

Today’s document is a Bill of Complaint between William Sellers and James Knotts, the Adminstrator of his father's estate. ¹

TEMPY (TEMPERANCE) EDDIN(G)S m. MOSES KNIGHT, MARGRET (MARGARET) EDDIN(G)S m. ROLAND SELLERS, MARY JANE (JENNY) EDDIN(G)S m. JAMES KNOTTS.

"Wm Sellars & Wife & Others) Bill of
vs ) Complaint
Mary Edings James Knott )
Admor. of Wm Edings )

South Carolina )
Cheraw District) To the Honorable the Judges of the said state Humbly complaining shew unto your Honors your orators and oratrixes William Sellers and Gilly his wife William Edings Richard Edings Riley Edings James Raley and Espsey his wife Moses Knight and Tempe his wife Roland Sellars and Margaret his wife and Emanuel Adams and Aley his wife that William Edings being a widower sometime in the year of our lord one thousand Eight hundred and made proposals of Marriage to Mary she then bein a widow and as they were both advanced in years and no issue likely to arise from the Marriage It was mutually agreed that the mother of them by virtue of the said marriage should acquire at any time afterwards any right title or interest In the estate of which the other was then seized and possessed that the said Mary shortly afterwards consummated the said marriage agreement which your orators and oratrixes aver he would not have done without having had the said agreement reduced to writing and signed by the said Mary & himself if the said Mary had not given him the most solemn pledges and assurances that she would faithfully on her part perform the said agreement And your orators and oratrixes further shew unto your Honors that the said William departed this life sometime in the year one thousand and Eight hundred and twenty two intestate leaving his said widow your orators William Edings Richard Edings and Riley Edings and your oratrixes Aly Adams Gilley Sellars Espsey Raley Tempe Knight and Margaret Sellars and Jenny Knotts the wife of James Knotts his sons and daughters surviving him & who are your orators and oratrixes are advised his heirs at law and your orators and oratrixes further shew unto your Honors that the said William Edings at the time of his death was seized and possessed of a plantation or tract of land containing about Eleven hundred acres Eleven Negroes & a large stock of provisions horses cattle hogs sheep and plantations tools that settlers of administration on the Estate of the said intestate was granted by the ordinary of Chesterfield district to James Knotts who possessed himself of the Estate of his intestate and has sold all the stock of provisions and all the personal Estate Except the negroes who were hired out during the present year by the said James and your orators and oratrixes further shew unto your honor that they are desirous of possessing and enjoying In severalty their respective shares of the Estate of the said William Edings and have applied to this said Mary to have her relinquish all claims on the said Estate and to the said James Knotts to have him account for his administration and suffer the Estate in his hands to be divided All which reasonable requests they have refused to comply with in tender consideration where of and because your orators and oratrixes have no Adequate relief at common law to the End that the said defendants may fully true and perfect answers make to all and singular the premises that the said James Knotts may be compelled to account that your orators and oratrixes may have a writ to divide the said Estate among those who by law are entitled to the same and such other relief as the nature of their case may require may it please your Honor to grant them a writ of subpoena directed to the said Mary Edings and James Knotts requiring them to appear before your Honors in the court of Equity for Cheraw District to ansure to the premises and to a bide and perform such decree as your Honor shall see fit to make & they will ever pray
                                                                  Evans Cross sol

William Sellars & Wife Et all) Sub
Vs) and
Mary Edings & James Knotts ) Respond
adm. William Edings )

The State of South Carolina
To Mary Edings & James Knotts Admrs William
Edings Greetings
For certain causes offered before the Judges of the court of Equity at Darlington Court House in and for the Equity District of Cheraw in a certain bill of complaint there Exhibited against your by William Sellars & wife & others complainants your are commanded and strictly enjoined that you appear In the Court of Equity at Darlington Court House aforesaid on the first day of December next to answer to the said bill of complaint and further to do and receive what the said court of Equity shall consider in the premises and that you do file with the Commissioner of the said Court at Darlington Court
House aforesaid your plea answer or demurrer to the said Bill of Complaint within thirty days next after the day appointed for your appearance as a fore said and in default thereof an order will be granted that the said bill of complaint be taken as confessed and an attachment may be issued against and have them and this writ Witness George Bruce Esquire Commissioner of the said Court at Darlington Court House in and for the District aforesaid the twenty first day of November in the year of our lord one thousand Eight hundred and twenty three and in the fortieth year of the sovereignty and Independence
of the United States of America
                                                               Evans Cross Sol
(LS) Geo Bruce Comr

I have by my Deputy Elijah Ring personally served the defendants with copies
of this sub and wssd
29th Novr 1823                                               S. Bacot S.D.D.

Mary Edings )
ads ) Answer
William Sellars Et ux Et all )
South Carolina )
Cheraw District) The separate answer of Mary Edings widow of the late William Edings one of the defendants to a bill of complaint of William Sellars & Gilly his wife and others complainants This defendant now and at all times here after saving and reserving to herself all and all manner of benefit and advantage of Exception to the manifold Errors uncertainties Imperfections and insufficiencies In the said Complainants said Bill of complaint contained for answer there unto or unto so much and such parts thereof as she this defendant to make answer unto she this defendant answering saith that William Edings late of Cheraw District was for a time a widower and that In the year of our lord one thousand Eight Hundred and the said William Edings being a widower did make a proposition of Marriage unto your respondent who was then a widow as mentioned In said complainants Bill of Complaint But your respondent further answering saith that she most positively and unequivocally denies that during the Courtship between your respondent and her late husband William Edings that as they were advanced in years and no Issue likely to arise from the marriage as charged in Complainants Bill of Complaint that he
the said William Edings the late Husband of your respondent did not during the aforesaid proposals of marriage or at any time previous to said marriage make any proposition to your respondent by which It was agreed that neither your respondent nor her late husband William Edings by virtue of the said Marriage should acquire at any time afterwards any right title or interest in the Estate of which the other was then seized and possessed as charged in the said Bill of complaint and your respondent further answering saith that she
inter married with the said William Edings under no such agreement as charged in complainants Bill either written or verbal and your respondent further answering saith that the said William could not have consummated the marriage with your respondent to perform said pretended agreement as charged in complainants Bill when in fact and in truth the said William Edings had not made any such proposal and your respondent further answering saith that subsequent to her marriage with the said William Edings he never proposed to your respondent that she should not in the Event of his death which for your
respondent has unfortunately occurred set up any claim to any part of his Estate and your respondent further answering saith that there existed no good cause why the said William Edings should have proposed to your respondent an agreement of the nature charged in Complainants Bill of complaint and your respondent saith that she inter married with the said William Edings under no disability whatever and neither had she ever entered into any agreement contract or promise with her late husband as charged in complainants Bill but that your Respondent and her late Husband lived in the utmost Harmony and Happiness during their union your respondent further answering saith she has been advised It was not material she should make answer unto that part of complainants Bill charging the marriage contract as it Is necessary all marriage contracts should be in writing previous to the marital rights vesting and that marriage contracts should be duly recorded but your respondent was willing to make answer unto complainants Bill of complaint not withstanding Its Irrelevancy & Immateriality as advised your respondent then denies that any such marriage agreement ever did exist or was ever proposed and of this she puts complainant upon proof thereof and your respondent saith that as she Is
advised after the consummation of the nuptials the marital rights vested and your respondent was then legally Incapacitated from entering into such agreement even If her husband had made such proposition which however respondent denies and your respondent saith as she is advised if her late Husband had made such verbal agreement with your respondent previous to the said marriage that subsequent to such marriage she was Legally Incapable of consummating such agreement but your Respondent denies that any such agreement ever was made or that any such proposition was ever made by the
said William Edings to your respondent and that if such pretended agreements are attempted to be established your respondent further answering saith that she admits that the said William Edings her late Husband departed this life in the year of our Lord one thousand Eight hundred and twenty two intestate leaving your respondent his widow and William Edings Richard Edings & Rily Edings Aly Adams Gilly Sellers Epsey Raly Tempe Knight Margaret Sellers and Jane Knotta the wife of James Knotts who with your respondent and his heirs at Law your Respondent claiming as widow of the said William Edings and your respondent further answering said that she admits that the said William
Edings at the time of his death was seized & possessed of a valuable plantation on Thompsons Creek in Chesterfield District and fourteen negroes as also a large stock of all kinds that Administration was granted by the ordinary of Chesterfield District to James Knotts as charged in complainants Bill and that the said James Knotts has possessed himself of the Estate of your respondents late Husband and disposed of it in the manner charged in complainants Bill of Complaint Your Respondent further answering saith that
some of the children of your Respondents late Husband have made application to your Respondent to relinquish all her claims on the said Estate of her late Husband which application your Respondent deemed unjust illegal and wholly Inequitable and your respondent could but reject such application which If granted would reduce your respondent to penury and want Your Respondent does not know of any application which may have been made to the said James Knotts for a division of said Estate or of his refusal to divide the same but your Respondent is anxious said Estate should be divided and prays that the same may be effected so soon as possible and that the one third part of the Estate both real and personal of the late William Edings the late Husband of your Respondent may be allotted to your Respondent as she is advised she is entitled to under the act commonly called the act abolishing the rights of primogeniture passed in the year one thousand seven hundred & ninety one and your Respondent wishes the said James Knotts may be decreed to account fully Your respondent answering saith that she has answered to all matters and things charged In complainants Bill of Complaint and this Defendant denies all and all manner of unlawful combination and confederacy in the said Complainants said Bill of complaint charged and your Respondent prays to be dismissed with Her cost in this instance most wrongfully sustained pleas and Hetlay Respond solr

South Carolina )
Cheraw District) Personally appeared before me Mary Edings who being duly
sworn that she hath made answer to all and singular the matters and things
charged in complainants Bill of complaint so far as relate to her own actings
and doings and so far as it relates to the acts and deeds of other persons
she believes it to be true
                                                                        her
Sworn to this 27th Jany 1824)                      Mary X Edings
                                                                       mark

Geo Bruce Commr ) Filed 27 January 1824
J Knotts admor of )
W Edings )
Ads ) Answer
Wm Sellers & Wife & Others)

South Carolina )
Cheraw District) To the Judges of the court of Equity of the said State the
answer of James Knotts Administrator of all and singular the goods & Chattels
rights and credits of William Edings deceased to the Bill of William Sellars
& wife This Defendant for answer to so much of the said Bill as concerns him
to answer unto answers and says that he admits the facts stated in the said
bill to be true he admits that he has sold all the personal Estate Except the
negroes & is ready to account as this Honorable court may direct for his
administration and for further answer says that among the negroes of which
his intestate died possessed is a negro woman named Betsey and her child
Oliver which his intestate as this defendant has understood gave to his
youngest daughter who died in the life term of her father intestate leaving
her said father and her brothers and sisters her heirs at Law and also a
negro boy named Miles which his intestate had given to his son Riley Edings
these negroes were included In the inventory of the said intestates Estate
but this defendant is now satisfied that this was done improperly and that
are not distributable as the Estate of the said William Edings &c

                                                                                   his
He prays to be dismissed                                    James X Knotts"
                                                                                mark


Page 208                                                                                        May 1824
May Term 1824

William Sellars}
   Vs    }
James Notts adm.}   Bill for account partition &discovery
Wm. Edings do}
Mary Edings do}  On motion compl. Sol, it is ordered that a writ of partition do issue in the above case directed to Turner [?] Bryan, Peter May, Hardy Sellars, W. McBryde [?] & Lewis Ganey requiring then to divide the estate of the late Wm. Eddings,among his heirs at law – and to allot one third part of the estate both real and personal to Mary Edings the_widow of Wm. Edings Decd. And that the do make a return thereof to the next court.

[Cheraw District, South Carolina, Court of Equity, Volume 2:Minutes, 1823-1832, Lee G. Barrow, Bargraphica, Gainesville, GA, 2013, Page 17]

Page 225                                                                               February 1825
February Term 1825

William Sellers & wife & others}
   Vs    }
Mary Eddings,  Jos. Knotts}
 Admr. of W.}   On motion of Evans for the Complainants Ordered that the return of the Commissioner to the writ of partition be confirmed & it is further Ordered and decreed that the property allotted the complainant William Sellers & wife be conveyed by said Sellers to some person to be nominated by the Commissioner in terms for the husband & wife during their joint lives then to the survivors for life then to the Children of marriage share & share Alike.                                        Henry W. Dessaussure

[Cheraw District, South Carolina, Court of Equity, Volume 2: Minutes, 1823-1832, Lee G. Barrow, Bargraphica, Gainesville, GA, 2013, Page 29



]_________________________
(This document was discovered in early 1985, copied and transcribed by Burton Ray Knotts, Little Rock, AR. Burton is a great great grandson of James Knotts and (Mary) Jane "Jenny" Edings.)