Amanuensis Monday~Samuel S. Sellers Will

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 subject is the Last Will and Testament of Samuel S. Sellers. ¹

I started this journey by looking at Probate Folder #650 which was thought to be the Probate Folder for Mary Eliza Sinclair Sellers. I wrote about her yesterday.

http://carolinafamilyroots.blogspot.com/2016/05/chesterfield-county-sc-estatesestate.html
 
While browsing through the folder I found within it the Will for Samuel S. Sellers which is presented here today. His wife was also a Mary E. Sellers. The Will has now created another problem – Just who is Samuel S. Sellers. Other than this Will, I can find no other mention of a Samuel S. Sellers. There are several Samuel Sellers but not another document has been found that mentioned Samuel S. Sellers other than the Will in Probate Folder #650. 

I’m going to make a very bold statement until I am proven Wrong – I believed this Will is for a nan known as Samuel Joseph Sellers who married Mary Elizabeth Hurst. The Will was written on 22 February 1886. I have Samuel Sellers death recorded as July 1887.

Conversely, only one form filled out for a Civil war marker shows Samuel Sellers middle name as Joseph. Samuel Sellers did have a son borne in 1861 that was named Samuel Joseph Sellers.

1880 CENSUS: Court House, Chesterfield, South Carolina; National Archives Film T9-1225; Family History Film: 1255225; Enumeration District: 005; Page: 320B(stamped); Line 39, Dwelling 184, Family 184; Saml SELLARS, male, age 43, farmer, born in SC; Elizabeth SELLARS, Wife, age 40, born in SC; Margaret SELLARS, Daughter, age 22, born in SC; John M. SELLARS, Son, age 21, born in SC; Saml J. SELLARS, Son, age 19, born in SC; William A. SELLARS, Son, age 15, born in SC; Luke H. SELLARS, Son, age 13, born in SC; Thomas F. SELLARS, Son, age 11, born in SC; Minnie E. SELLARS, Daughter, age 9, born in SC; Georgia E. SELLARS, Daughter, age 8, born in SC; Albany F. SELLARS, Daughter, age 6, born in SC; Jerusha A. SELLARS, Daughter, age 4, born in SC; Helen SELLARS, Daughter, age 10M, born in SC. ²


.
State of South Carolina}
County of Chesterfield}
In the name of God Amen I Samuel S. Sellers of the County and state aforesaid being of Sound mind and memory do make publish and declare this as and for my last will and testament in manner and form following
That is to Say
1^st It is my will and desire that my Funeral expenses and just debts all be paid.
2^nd I give bequeath and devise unto my beloved wife Mary E. Sellers all my property both real and personal money Bonds and Mortgages and choses in action of whatsoever kind I may be die seized and possesses of to have and to hold during the term of her natural life in lien of Dower after the death of my wife Mary E. Sellers It is my will and desire that my property be equally divided equally <sic> among my children Share and Share alike the child or children of any deceased child taking the Share to which their parents would have been entitled to if living
I hereby nominate constitute and appoint my wife Mary E. Sellers, Executrix of this my last will and testament hereby revoking all former wills by me made
In testimony whereof I have hereunto Set my hand and affixed my Seal this 22nd day of February A.D. 1886
Signed Sealed and}
Declared by Samuel} Samuel S. Sellers {Seal}
S. Sellers as and for}
His last will and}
Testament in the}
Presence of us who}
In his presence and }
In the presence of each}
Other and at his request}
Have subscribed}
Our names as witnesses}
To the Same.}
W. J. Hanna
C. B. Craig
E. N. Redfearn










 
______________________________
[1] "South Carolina Probate Records, Files and Loose Papers, 1732-1964," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-19383-12994-28?cc=1911928 : accessed 30 April 2016), Chesterfield > Probate Court, Estate records > 1865-1927 > Cases 0638-0757 > image 214 & 215 of 1623; county courthouses, South Carolina, and South Carolina Department of Archives and History, Columbia.
[2] 1880 U S Census, Chesterfield, Chesterfield County, South Carolina, population schedule, House, Chesterfield, South Carolina, enumeration district (ED) 005, Page: 320B(stamped); Line 39, Dwelling 184, Family 184, Household of Saml SELLARS; digital images, Ancestry.com (http://www.ancestry.com : viewed 9 October 2013); citing National Archives Microfilm T9-1225.

Chesterfield County SC Estates~Estate Folder #650–Mary Eliza Sinclair Sellers

 
This is a new series of posting, appearing every Sunday, on selected Estate Folders from the Estate files of Chesterfield County. No known estates exist for the period before the Civil War. They were destroyed with the burning of the Courthouse. There are a few “Equity Records” in the State Archives. Do not overlook this valuable resources if you are looking for ancestors in Chesterfield County, South Carolina. 

Today we will be looking at the following Estate folders:

Folder #650
Mary Eliza Sinclair Sellers¹

This estate folder begins at image #209 and ends with image #239. (images 209-239)  
https://familysearch.org/pal:/MM9.3.1/TH-1-19383-13089-56?cc=1911928

Warning: This probate folder contains mixed information. I believe it to be the folder for Mary E. Sinclair Sellers; but also contains information on Samuel S. Sellers and his wife Mary E. including the Will of Samuel S. Sellers. 

Mary Eliza Sinclair was born 23 April 1830, a daughter of James B. Sinclair and Mary Hollingsworth Burch. At age 18, on 20 January 1849, she married Hardy Huntley Sellers. Five children and 8 years later, Mary’s husband Hardy Huntley passed away on 12 January 1857. Her oldest child was a month shy of his 7th birthday. 
 
The petitioners in the below letter are definite the children of Mary Eliza Sinclair Sellers. 
 


State of South Carolina } In Probate
County of Chesterfield} Court
To T. L. Huntley Judge of Probate __
The petitioners Mrs. A. L. Burch, Mrs. M. E. McGregor and J. A. Sellers by their petition shows to this Court.
1. That Mrs. Mary E. Sellers of the State and County above written is their Mother and that she is possessed of a personal Estate amounting to about four hundred Dollars.
2. That she owns real estate the income from which is about two hundred dollars a year.
3. That the Said Mrs. Mary E. Sellers is now in the State Hospital for the Insane and her disease has affected her mind, so that she is totally incapable mentally to attend to her business and is not capable of transacting any business at all.
4. That the business of the said Mrs. Mary E. sellers demands prompt and careful attention from some one who is capable of attending to same and who is under bond to account for the management of the same.
5. That J. S. Sellers her son, also our brother, is a fit and suitable person to attend to the business of the said Mrs. Mary E. Sellers.
Wherefore Petitioners preys that the Said J. S. Sellers may be appointed committee of Lunacy for said Mrs. Mary E. Sellers and will ever pray &c.
As to Mrs. A. L. Burch & Sign here                    J. A. Sellers
M E McGregor}                                                  A. L. Burch
In the presence of}                                            Mollie E. McGregor
C. B. McNair}

State of South Carolina}
County of Chesterfield}
Personally before the subscribing officers appears J. A. Sellers, one of the above named petitioners, who on oath says that allegations of the above petitioner are true of his own knowledge.
Sworn to before me}                                           J. A. Sellers
Sept. 16, 1899}
D. S. Matheson {seal}}
Notary Public
I hereby unite with above named petitioners in asking this Court to appoint me as committee of my mother. Mrs. Mary E. Sellers and agree to accept the commission if so appointed.                                                           J. S. Sellers

State of South Carolina} In Probate Court
County of Chesterfield}
On reading and filing the within petition it appearing that Mrs. Mary E. Sellers is mentally incapable of attending to her business, and that she is liable to suffer loss, unless some one proper person under bond be appointed to take charge of the same and that her son J. S. Sellers is a fit-person to attend to said business. It is therefore ordered that – the said J. S. Sellers be and is hereby appointed committee of Lunacy of the said Mrs. Mary E. Sellers and on entering into a bond for twelve hundred dollars conditioned to account for the property income and effects of the said Mrs. Mary E. Sellers payable to the Judge of Probate of this County according to the usual terms of Guardians bonds the said Committee shall have the right and it shall be his duty to take charge of all and singular the effects of Mrs. Mary E. Sellers and proceed to manage her business in every particular.
Sept. 25th, 1899}                                              T. L. Huntley
                                                                       Judge of Probate


James Sinclair Sellers was appointed administrator of his Mother’s Estate upon her commitment to the State Hospital. Dismissory letters were issued in 10 April 1908.  No death date is recorded within the Probate file for Mary Eliza but we know from her tombstone that her date of death is recorded as 11 December 1912. 



The home of Hardy and Mary Eliza still stands today, just outside of Ruby, SC, and is occupied by Sellers descendants. The home can be viewed by clicking on this link. 

http://carolinafamilyroots.blogspot.com/2013/02/wordless-wednesday-hardy-huntley.html










_________________________
[1] "South Carolina Probate Records, Files and Loose Papers, 1732-1964," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-19383-13089-56?cc=1911928&wc=MPP5-3TT:190567401,190561002,190567402,191220701 : accessed 07 Jun 2014), Chesterfield > Probate Court, Estate records > 1865-1927 > Cases 0638-0757 > image 209 of 1623.