Levina Sellers Hardy H Sellers}
& Zilpha Sellers} Bill for account and partition
John Evans & Turner Bryant &}
John Sellers & others}
The State of South Carolina}
Cheraw District} In Equity
To the Honorable the Chancellor of the said State Humbly complaining shew unto your honors your oratrix Levina Sellers and your orator and Oratrix Hardy Huntley Sellers and Zilpha Ann Sellers that Hardy Sellers, Senr. late of the (page 298) District of Chesterfield and State aforesaid departed this life some in the month of January in the year of our Lord one thousand Eight hundred and thirty leaving your orator and Oratrix Hardy Huntley Sellers and Zilpha Ann Sellers the issue of the marriage of the said deceased with your oratrix Levina Sellers together with the following children and grand children the issue of a former Marriage of the said Hardy Sellers Senr. Viz John Sellers Abraham Sellers Philip Sellers Richard Sellers Mary intermarried with Thomas Gaddy Eliza Gulledge James Gulledge and Phobe Gulledge the children of Phobe a daughter of the said Hardy Sellars Senr who departed this life previous to the death of the said Hardy Sellars Senr. and Iverson L Briley the son of Jane and daughter of the said Hardy Sellars Senr who departed this life previous to the death of the Hardy Sellars, Senr---- and your oratories and oration further shew further shew unto your Honors that the said Hardy Sellars Senr in his lifetime was seized and possessed of a large real and personal Estate and that previous to his death viz on the fourteenth day of July in the year of our Lord one thousand eight hundred and thirty four the said Hardy Sellars Senr Made and duly executed his last will and testament a copy of which is herewith filed and marked Exhibit A which your oratrix and orator pray may be taken as part of this their Bill and referred to as often as may be necessary and your Orator and Oratrix further shew unto your Honors that upon or soon after the death of the Testator, John Evans and Turner Bryan two of the Executors in the said last will and testament named - proved the said will and took upon themselves the execution thereof and have since possessed themselves of the estate of Hardy Sellars Senr to an amt Much more than sufficient for the payment of his just debts, funeral expenses and legacies -- and your oratrix and orator further showeth unto your honors that being desirous of enjoying in severalty their portions bequeathed to them by the said (page 299) Hardy Sellers Senr. have applied to the said Evans and Bryant Executors aforesaid in a peaceable and friendly manner to make partition among the several Legacies and dowers in said will mentioned according to the provisions thereof all which reasonable request your oratrix and Orator will hoped the said Evans and Bryan would have complied with But now so it is may it please your honors the said Evans and Bryan have not complied - In tender consideration whereof and for as much as your oratrixes and orator are remediless at Common Law, and relievable only in this or honorable court to the end therefore that the said Evans and Bryan and the said John Sellers Abraham Sellers Philip Sellers Richard Sellars Thomas Gaddy & Mary his wife Elijah Gullage James Gullage and Phoebe Gullage and Iverson L Briley may full true and perfect answer make to all and singular the matters and thing herein set forth that the said Evans and Bryan may set forth fully the amount and value of the Estate of the said Hardy Sellars Senr. deceased and of what it consisted that they may fully account for all their actings and doings in the premises and particularly for their actings and doings as Executor of the said Hardy Sellars Senr. deceased in the management and conduct of the said Estate & that a writ or writs of partition may issue directed to certain individuals there in to be named commanding them or any three or more of them to make partition of the Estate of the said Hardy Sellars Senr. according to the rights of the parties and the provisions of the will of the said Hardy Sellars Senr. ---May it please your honors to unto and to your oratrixes and your orator a writ or writs of Subpoena to be directed to the said John Evans Thomas Bryan John Sellars Abraham Sellars Philip Sellars Richard Sellers (page 300) Thomas Gaddy and Mary his wife Elijah Gullage James Gullage Phoebe Gullage and Iverson L. Briley commanding them on a certain day and under a certain penalty therein named personally to be and appear before your honors in the court of Equity to answer the premises and to abide such order and decree in the premises as to Equity shall appertain and to your honors seem meet (Filed 28 June 1836 ) Robins & McIver Court Sol.
This bill ordered pro confesso against John Sellars Richard Dollars Thomas Gaddy & Mary his wife Elijah Gullage James Grillage & Phebe Gullage defendants who are absent from without the Limits of this State. 9 Jany 1837
Geo W Dargan Comr
Copy Hardy Sellars, Senr Will
Exhibit A The State of South Carolina}
Chesterfield District} I Hardy Sellars Senr. of said State and District do make ordain and constitute this my last will and Testament 1st my son John Sellers who some time since removed to the West has received from me one tract of land on Thompsons Creek with six hundred dollars one negro man named Ned with five hundred dollars and two hundred and sixty dollars in money which I give him as a full share of my Estate real and personal I, my son Abraham Sellars I have previously given one negro man a med Jacob worth five hundred dollars besides sundry other articles I have not mentioned It is my will and I give him two other negroes viz, Lewis a boy and Penelope engine to be his full share of my Estate both real and personal 4/ my son Richard Sellars who lives in the Western Country has received from me one waggon worth one hundred dollars one hundred dollars in money one negro woman named Rhoda worth six hundred dollars and I give to his lawful begotten children three hundred dollars to be Equally divided between them as they arrive to the age of twenty one years to be raised as herein after directed to be his full share (page 301) of my estate both real and personal 5/My daughter Mary Gaddy has received from me two negroes some money and so forth to the amount of her share of my Estate both real and personal for which her husband Thomas Gaddy has given me a receipt to that effect 6/ To the three children of my deceased daughter Phebe Gullage - viz , Elijah Gullage James Gullage and Phebe Gullage I give to each three hundred dollars to bear interest from my death until they arrive to the age of twenty one years which sum is to be a full share of my Estate both real and personal to the three last children named -- 7/ To the son of my deceased daughter Jane Briley Iverson L Briley I give three hundred dollars to bear interest from my death until he arrive to the age of twenty one years which is to be a full share of my Estate both real and personal -- 8/ It is my will that Executors sell my two Tracts of Land one on Cruses Branch and one on Black Creek, and such other of my property as are not disposed of such as stock crop house hold and Kitchen furniture & to the amount of the Legacies already given and to be sold at their discretion and all legacies debts and Expenses being provided for by my Executors then the balance of my Estate not disposed of I give and dispose of in the following manner (that is to say to be Equally divided between my beloved wife Louisa my son Hardy Huntley Sellars and my daughter Zilpha A. Sellars my wife to have that part whereon the dwelling House and other out houses now stand and one third of the balance of my Estate not given away I Loan to my wife Levina during her natural life time or widow hood except the land as before mentioned to be for her use and benefit untill my son Hardy H. do arrive to the age of twenty one years (should she remain my widow so long at which time my son is to take possession of the said Lands and at the marriage or death of my said wife the whole of my estate not before given to my first set of children and grand (page 302) children to be Equally divided between my son Hardy and daughter Zilpha A Sellars my son as before stated to have that part where on the buildings now stands - And I do here by nominate constitute and appoint my father-in-law Elder Joel Gullage and my friend John Evans and Turner Bryan Executors to this my last will and Testament in witness whereof I have hereunto set my hand and seal this 14th day of July in the year of our Lord one thou sand Eight hundred and thirty four and in the fifty ninth year of American Independance.
Signed sealed published and declared in the presence of the Testator and in the presence of us who have subscribed our names thereto.
Neel Smith} Hardy Sellars Senr {seal}
Wm Hancock}
Andrew J Hancock}
Levina Sellars Hardy}
H. Sellars, Zilpha A Sellars}
vs }
John Evans Turner Bryan}
John Sellers & others}
The State of South Carolina
Circuit - To John Evans Turner Bryan John Sellars Abraham Sellars Philip Sellars Richard [Sellars] Thomas Gaddy Mary Gaddy Elijah Gullage James Gullage Phoebe Gullage & Iverson L Briley your and hereby strictly commanded and firmly enjoined that all manner of Excuses he laid aside you personally be and appear before the Judges of the Court of Equity at Darlington Court House on the fourth Monday of June next then and there true and perfect answer to make up on your corporal oath on the holy Evangelists to all such matters as shall be objected against you in the bill of complaint of Levina Sellars Hardy H Sellars and Zilpha Ann Sellars and also that you do within thirty days immediately after the day above appointed and expressed file or cause to be filed in the Registry of said Court your plea answer or demurrer to the (page 303) said Bill of complaint hereof fail not under the pain of one hundred pounds - Given under the Seal of the Court at Darlington Court House - Witness Geo W Dargan Esquire Register of the Court of Equity in the said State for the said circuit at Darlington Court House the sixteenth day of June in the year of our Lord one thousand Eight hundred and thirty six and in the 60th year of the Sovereignty and Independence of the United States of America.
{LS} Geo W Dargan C.C.C.D. Robbins & Ever Solicitor
A copy of this ????? sent to be served on Iverson L. Briley which I have no doubt is done. 25 June 1836
Served by Isaac Hearst
Lavinia Sellars Hardy H}
Sellars & a Sellars}|
Vs } Answer of Turner Bryan Exor
John Evans & Turner Bryan Exor. & others}
South Carolina} In Equity
Cheraw District} To the Honorable the Chancellors of the said State. The separate answer of Turner Bryan one of the Executors of Hardy Sellars, Senr. deceased to the bill of complaint of Levina Sellars Hardy Huntley Sellars and Zilpha Ann Sellars. This defendant now and at all times here after having and reserving to himself all and all manner of benefit and advantage of exceptions to the manifold errors and uncertainties imperfections and insufficiencies in the complainants said bill of complaint contained for answer there unto or unto so much or such parts as he is advised is advised is material for him to answer answers <sic> and says that Hardy Sellars, Senr. departed this life Seized and possessed in his life time of a considerable real and personal estate leaving a widow and children and grandchildren as is set forth in complainants bill that the said Hardy Sellars sent previous to his death (page 304) and on the day and year stated in complainants bill made and executed his last will and Testament a true copy of which is filed with said Bill - This defendant further answering says that soon after the death of the said Testator he and John Evans another of the Executor appointed by said will duly proved the same and took upon themselves the execution thereof and by virtue of their appointment as Executors did possess themselves of so much of the Testators Estate as they have been able to do-- This defendant for their answering says that real Estate of which his Testator died seized & possessed is Represented by a plat herewith filed and marked as Exhibit A. which defendant prays may be taken as part of this answer that the personal Estate is set forth in a Schedule (being a copy of the Inventory of appraisement) here with filed and marked Exhibit B, which defendant prays may be taken as part of this his answer which shows as well in what the said Estate consisted as the amount and value thereof this defendant submits to this honorable Court what Interest said complainants are entitled to in the Estate of his testator by virtue of the said Will and says he is ready & willing to account as this honorable court shall direct for all such parts of the Estate of the said Testator as have come to the possession of this defendants having all just and reasonable allowances made which he is entitled to as Executor and in all other respects (reserving to himself & his Co-Executor the payment of the Legacies in said will mentioned). This defendant submits to act as the Court shall direct & prays to be hence dismissed with his reasonable costs and charges and so forth.
Exhibit B
A true and perfect inventory of all the goods chattels and personal Estate of Hardy Sellars late of Chesterfield District deceased made by us whose names are hereunto subscribed the 4th day of February 1835.
- John Sellers
- Abraham Sellers
- Philip Sellers
- Richard Sellers
- Mary intermarried with Thomas Gaddy with children Eliza Gulledge James Gulledge and Phobe Gulledge
- Phobe a daughter of the said Hardy Sellars Senr who departed this life previous to the death of the said Hardy Sellars Senr.
- Iverson L Briley the son of Jane, daughter of the said Hardy Sellars Senr who departed this life previous to the death of the Hardy Sellars, Senr---
- Hardy Huntley Sellers
- Zilpha Ann Sellars
You should get AI to see what it thinks that says.
ReplyDeleteAI RESPONSE:
DeleteSummary of the Lawsuit: Sellers vs. Evans and Bryan
Parties Involved:
Plaintiffs: Levina Sellers, Hardy Huntley Sellers, Zilpha Ann Sellers (children of Hardy Sellers, Sr.)
Defendants: John Evans, Turner Bryan (executors of Hardy Sellers, Sr.'s will), John Sellers, Abraham Sellers, Philip Sellers, Richard Sellers, Thomas Gaddy, Mary Gaddy, Elijah Gullage, James Gullage, Phoebe Gullage, Iverson L. Briley (other heirs or legatees)
Issue:
The plaintiffs are seeking a partition of their father's estate, Hardy Sellers, Sr.'s, according to the terms of his will. They allege that the executors, John Evans and Turner Bryan, have not properly accounted for the estate's assets or distributed the legacies as outlined in the will.
Key Points:
Hardy Sellers, Sr. died in January 1830.
He left a will that named John Evans and Turner Bryan as executors.
The plaintiffs are the children of Hardy Sellers, Sr. and Levina Sellers.
The defendants include other heirs and legatees mentioned in the will.
The plaintiffs claim that the executors have not properly managed the estate or distributed the legacies.
They seek a partition of the estate and an accounting of the executors' actions.
Conclusion:
The lawsuit is essentially a dispute between the heirs of Hardy Sellers, Sr. over the distribution of his estate. The plaintiffs allege that the executors have not fulfilled their duties and are seeking a court order to compel them to do so.