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 Windam, 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, and
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 bequeated the 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 Windam, 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
James Acock, and has thereby forfeited 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 said 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 after the death of the
said Peter Haley, his widow Mary Haley proved the Will in the 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 lately when one of your orators qualified as executor of the
said Will. And your orators and oratrix further shew unto your Honors
that the said James Acock since his intermarriage with the said Mary
Haley has committed frequent and repeated acts of waste and
destruction off the personal property of the said 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 he 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 verily believe that
he will avail himself of the first favorable opportunity to put his
threats into execution; and that the personal 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 further 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 and oratrix for the property belonging to the said
estate which he has wasted, sold and converted to his own use, and to
pay all which reasonable requests the said James Acock hath hitherto
refused and 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 consideration whereof, and for as much as your orators and
oratrix are remediless at common law, and relievable in this
Honorable Court alone.
To the end therefore that the said James Acock and wife may be
required to make true, full, and 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 whatever to the personal property of the
said estate , 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 said Peter Hale may be
compelled to account with your orators and 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 Windam 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 and 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 Write of ne
exeat, and a Writ of subpoena to be directed to the said James Acock
and wife and Peter T.R. Haley requiring them to be and appear at the
Court of Equity at Sumter Court House and answer to the premises, and
shew certain Commissioners therein named to lay off and award to
James F. Ridgway and 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 and
oratrix will pray and so forth.
The will of James Friendly.Ridgway (grandson of William Ridgeway Jr. and son of William's son Hope Ridgeway 2nd) was recorded in Will Book D, page 240 in Sumter District, South Carolina. The will was witnessed on 26 August 1847 and recorded 13 October 1847.
In the name of God Amen. I, James F. Ridgeway of
South Carolina and District of Sumter being at this time of sound
mind and disposing memory, but knowing that it is appointed unto all
men once to die do hereby make and ordain this my last Will and
Testament. First I commit my body to the earth, and my soul into the
hands of God my creator, my preserver, and redeemer, And as touching
my worldly goods wherewith God has been pleased to bless me, I
dispose of in manner and form following. (ToWit)
First, I Give, devise, and bequeath unto my beloved wife Polly
Ridgway, Three Negro slaves, named, July, Lucy, and Elsey, together
with all my household and kitchen furniture, one Man called Light
Foot during the term of her natural life and at her death whatever
shall be remaining of the above mentioned property shall be equally
divided between such of my children as may survive her. 2nd,In order
to pay off my just and lawful debts, I hereby designate and set apart
the following property to be sold, namely Jane and her Three
children, John, Phillis, and Delia, my Blacksmith's Tools, cart, my
mare Linnet and her colt, and my stock of cattle, But in the sale of
my stock of cattle I desire my Executor shall exercise much care and
caution, so as not to sell any that belong to my children, they
having stock in the same mark and Brand, and such as they may point
out and claim as their own property are not to be sold, when all
these sales shall have been effected, and the money arising there
from, be collected my Executor is hereby directed to pay off my debts
which have been by me contracted, and the balance remaining to be
appropriated to the use of my children in the following manner (To
Wit) one fourth to my daughter Easter A. Poole as soon as
practicable, the residue to remain in the hands of my Executor until
my son Joseph Newton shall arrive at the age of twenty one Years and
then to be paid his portion being one half the remainder, and the
other fourth still remaining to be paid to my daughter Mary L. when
she shall either marry or arrive at the age of Twenty one. But in
case my son Joseph N. and my daughter Mary L. should die or either of
them before the time or times specified above, then and in that case,
their part or parts portion or portions to be equally divided between
the survivor.
3rd.) My Executor herein after to be named, are hereby directed and
specially charged to procure Head and foot stones, with suitable
inscriptions thereon, and have so placed as to mark the spot where my
body and also that of my Father have been deposited, and to pay for
the same out of such funds as may first come into his hands-----
4th.) I hereby nominate constitute and appoint my worthy friend James
C. Strange sole Executor to this my last Will and Testament hereby
revoking all Wills heretofore made by me.
Signed & sealed, published & de- clared by the said Testator to be his last Will & Testament in our presence & in the presence of each other subscribed our names as witnesses thereto August 26th 1847
Moses M. Benbow
George Roe
John W. Brogden
I James Ridgway of the District and State
aforesaid do make this my Last Will and Testament------
1st I Give and bequeath unto my daughter Hulda Ann Ridgway One tract
of Land containing Two Hundred and eighty three acres more or Less.
It being the tract upon whereon I now live.
2nd I Give and bequeath unto my daughter Henrietta Ellen Ridgway One
tract of Land containing On Hundred and Twenty Acres Lying on the
head of Boggy Branch known as the Stacy Tract-----
3rd I Give and bequeath unto my two daughters Huldah Ann Ridgway and
Henrietta Ellen Ridgway my House Hold and kitchen Furniture to be
equally divided between them---The remainder of my estate to be sold
by my executors and proceeds thereof after paying my just debts to be
equally divided among all my children viz Margarett M. Haley--Lucy E.
Caps--Laura E. DuBose--Huldah Ann --Huldah Ann Ridgway--Spencer W.
Ridgway and Henrietta Ellen Ridgway--------
Last I do hereby nominate and appoint William L. Wilder and James F.
Ridgway executors to this my last will and testament. In testimony
whereof I have hereunto set my hand and seal, this 21st day of
January in the year of our Lord One thousand eight hundred and forty
six signed and sealed in the presence of
