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