It's a glorious moment in genealogical research when you find a document containing significant information about a segment of your genealogical heritage. Such is the case of the within Equity Record. The following Equity Record concerns my 5th Great Grand Aunt by marriage to Daniel Cook; her Father and siblings. There are 4 documents in the equity record.
Daniel Cook married Ruth Moultrie about 1787 in Chesterfield District, South Carolina. Names within the equity record are her Father Joseph Moultrie; her siblings, William Sellers a Great Grand Uncle.
Transcription:
Equity_178_Document#1 of 4
South Carolina} In Equity
Cheraw District} To the Honorable Hugh Rutledge, Wm. James, Waddy Thompson, William H. Dessaussure & Theodore Gaillard Esquires Judges of the Court of Equity of the said State.
Humbling complaining sheweth unto your honor your Orator James Moultrie of Edenton,
of in the State of Georgia that your Orator some time in the year of our Lord One thousand seven hundred and ninety two bargained with one
William Sellers of Chesterfield District State aforesaid for a certain Tract of land situates and lying near Chesterfield Court House in the district aforesaid containing two hundred acres for which tract of land your Orator agreed to give the said William two hundred & fifty dollars and your orator afterwards made several payments to the said William which on the whole amounted to two hundred and Twenty Dollars and the said William had never executed to your Orator any deed of conveyance of the said land; and your Orator further sheweth to your honor that sometime in the year of our Lord one thousand seven hundred and ninety six he moved from the State into the State of Georgia and left Joseph Moultrie your Orators father his agent to settle up his businefs in Chesterfield district aforesaid, and the said Joseph soon afterwards did as agent of your Orator pay out of your Orators money which had come into his hands the balance of the two hundred and fifty dollars which remained unpaid to the said William the said William <sic> did at that time execute a deed of the said land to the said Joseph which deed purported to be a conveyance of the said land to the said Joseph in his own right Nevertheless it was fully understood between the said Joseph and your Orator that the said Joseph was to have no beneficial interest in the said land and that the said Joseph was to be but a mere trustee for your orator; & the said deed was so taken by the said Joseph to himself for the special purpose to enable him in behalf of your Orator the more conveniently to make sale of the said land and to enable him to give an indisputable Title for the Same to a purchaser; and your Orator
further sheweth unto your honor that some time in the year of our Lord one thousand Eight hundred and four the said Joseph your Orator father departed this life without ever having procured a purchaser for the said land and left your Orator and your Orators
three sisters his heirs at law to wit: Ruth Cook the wife of Daniel Cook, Levicey McNeill the wife of John McNeill, Margaret McNeill the wife of Neill McNeill (who hath since died) of Chesterfield District and state aforesaid and Sarah Walker wife of ______ Walker of the state of Georgia who hath since died and left Nancy Cook the wife of David Cook Polly Howard the wife of Samuel.
I hereby certify that this sheet does contain a true and perfect copy of the Bill filed in the Court of Equity for Cheraw District wherein Joseph James Moultrie is complainant and Jno. McNeill and Levicey his wife and other defendants.
22 January 1810 James K. Ervin
Comr. In Equity
Genealogical Data contained within this document:
- The Death of Joseph Moultrie - died 1804
- further sheweth unto your honor that sometime in the year of our Lord one thousand Eight hundred and four the said Joseph your Orator father departed this life
- Named One son – James Moultrie, your Orator
- 3 sister – Ruth, Louisa “Levicey”, Margaret plus a deceased sister Sarah
- three sisters his heirs at law to wit: Ruth Cook the wife of Daniel Cook, Levicey McNeill the wife of John McNeill, Margaret McNeill the wife of Neill McNeill (who hath since died) of Chesterfield District and state aforesaid and Sarah Walker wife of ______ Walker of the state of Georgia who hath since died and left Nancy Cook the wife of David Cook Polly Howard the wife of Samuel.
- Named the husband of all 4 sisters; Daniel Cook, John McNeill; Neill McNell and Walker who is later named as Nedom Walker of Georgia.
- Named the two children of Sarah Walker as:
- Nancy Walker Cook wife of David Cook
- Polly Walker Howard as wife of Samuel Howard.
- Named present location of Several siblings.
- Stated that Sarah Walker was deceased so we know she died before 22 January 1810 the date of the document above.
- That Neill McNeill has since died.
- No mention is made of Mary White, wife of Joseph Moultrie so I think it's safe to assume that she is deceased.
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[1] Equity Case #178 – James Moultrie vs Jno. McNeill, Levicey, his wife and others, 1809, Darlington Historical Commission, Darlington, South Carolina, 4 pages
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