Estate Settlements
1772-1933. Adams-Harbert. Book 1.
WILLIAM T. ELLERBE
1869
State of
John W. Cole, Adm'r of William T. Ellerbe, deceased, vs. W.L.T.E. Prince,
Zack E. Powe, Thomas W. Powe,
Ellerbe F. Powe, A. E. Drake, A. E. Ellerbe, G. W.
Duvall and wife Sarah, William Powe, Madora Powe, Walker Powe, Catherine Powe, Charles Powe, Josephine Powe, Walker Powe, Thomas E. Powe, and the
other heirs of Esther Powe, deceased,
John McIver & wife Margaret, Zack Ellerbe, B. F. Ellerbe
and the heirs of John F. Ellerbe, deceased, Washington Ellerbe, Thomas Ellerbe,
Neill Nicholson and wife Hannah, Henry Smith and wife Ann, John P. McQueen and
Peter W. Stansill and wife Eliza. The petition of
John W. Cole as adm'r of William T. Ellerbe,
deceased, shows:
I. That Wm. T. Ellerbe, late of the State of South Carolina,
County of Marlborough, died intestate leaving no wife or lineal descendants in
A.D. 186-, possessed of an estate of
considerable value in South Carolina, and seized and possessed of an estate
also situated in Richmond County, North Carolina.
consisting entirely of lands.
2. That administration was taken out upon his estate in
South Carolina when it was found to be insolvent and a Bill to Marshal the
assets of the estate of the said William T. Ellerbe for Marlborough County
against his heirs at law and creditors by his administrator in that State, J.
H. Gooch, complainants. A Decree of said Court was issued that all the assets,
both real and personal, should be turned over to the Commissioner in Equity for
Marlborough County; that he should sell such assets and apply the proceeds to
the payment of the debts of said intestate.
3. That it appears from certified statements of the records
of the Court of Common Pleas for the County of Marlborough and State of South
Carolina dated March 29th 1870, which is herewith filed, marked 'A', that of
the claims proven against the estate of the said Wm. T. Ellerbe before the
Commissioner of Equity for the State of South Carolina, County of Marlborough
of about seven thousand seven hundred and fifty seven dollars remain unpaid.
4. That letters of administration upon the estate of the
said Wm. T. Ellerbe situated in Richmond County, North Carolina were granted to
your petitioner by the Judge of Probate for said County on the 23rd day of
August, AD 1869.
5. That no personal property whatever came into his hands as
such administrator.
6. That no debts have been presented to your petitioner or
administrator of the said William T. Ellerbe in this State for payment, but he
supposed the cost and charges of administration will amount to about two
hundred and fifty dollars.
7. That said William T. Ellerbe at his death was seized and
possessed of about three hundred acres of land adjoining the lands of the
estate of Malcom Nicholson, deceased, and others
situated in
Martha Powe. wife of - Powe, his uncles and aunts and his collateral relations of
the blood of his father, W. F. Ellerbe.
8. That his said uncles and aunts are all dead and the names
and residences of their representatives, as far as your petitioner has been
able to ascertain them, after long and diligent inquiry are as follows, to
wit.,
Zack E. Powe
Thomas W. Powe
Ellerbe F. Powe
A. E. Drake
A. E. Ellerbe
Madora Powe
G. W. Duvall and wife Sarah
William Powe
James Powe
Catherine Powe
Charles Powe
Walker Powe
Josephine Powe
Thomas E. Powe
and other heirs of Esther Powe
John McIver and wife
Margaret, whose P. Office address is Cash Depot, S. C.
Thomas Ellerbe, Washington Ellerbe, Neill Nicholson and wife
Hannah, Henry Smith and wife Ann, John P. McQueen, whose Post Office address is
DeKalb, Mississippi, and Peter Stansill
and wife Eliza who reside in Rockingham, N. C.
9. That said W. T. Ellerbe at his death was seized and
possessed of about one thousand acres of land adjoining the lands of David Sedberry and others comprised in various tracts, and also
situated in Richmond County, North Carolina of the value of forty cents per
acre, which descended as he is advised, to L. D. Prince, his brother of the
half blood.
10. That L. D. Prince is dead leaving him surviving W.L.T.E.
Prince, his only child and heir at law.
11. That W. L. T. E. Prince is an infant of tender years
whose Post Office address is
12. That a sale of the whole of said land is necessary to
enable your petitioner to pay the cost and charges of the administration of the
estate of said Ellerbe in this State, and to enable the Commissioner in Equity,
or other proper Court or office having jurisdiction and control of the matter,
to pay the debts proved against his estate in the action or proceeding to
Marshal the assets of said estate instituted in the Court of Equity for
Marlborough County, South Carolina by J. H. Gooch, Administrator of W. T.
Ellerbe, dec' d, complainant.
13. Wherefore to the end that the above described lands may
be sold upon such terms as to the Court may seem fit and proper and that
proceeds may constitute assets in the hands of your petitioner for the payment
of the cost and charges of the administration in this State. and that the
residue or balance may be paid to the officer or other person entitled by the
laws of
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FOOTNOTES:
(1-7 above)
1. February 3, 1846 Issue
2. February 15. 1843 Issue Fayetteville Observer: Married at
the residence of Mr. Joseph Ellerbe, near Cheraw. SC., on the 26th, Capt.
Alexander G. Nicholson of Richmond County to Miss Anna M. McQueen, of
Chesterfield, SC. M&D Abstracts, 1841-1850 – Tyner
(8-13 above)
1. May 11, 1842 Issue