Probate, SC, York, FRANCIS ARMSTRONG 1865 CASE #56 FILE # 2545 FRANCIS ARMSTRONG, deceased WILLIAM WHITE, et. al., applicant 1865 Page 1 of 12 ** PAGE BREAK ** Probate, SC, York, FRANCIS ARMSTRONG 1865 WILLIAM WHITE and WHITE applicants vs JOSEPH WOOD SALLY WOOD his wife heirs at law of FRANCIS ARMSTRONG deceased Partition of Real Estate November 24th 1865 The following named parties appeared: WILLIAM WHITE, ISABELLA WHITE his wife ALEXANDER WALLACE HUGH WALLACE and WILLIAM ARMSTRONG WILLIAM WHITE and ISABELLA WHITE his wife wish the lands sold. ALEXANDER WALLACE no objections. HUGH WALLACE no objections. WILLIAM ARMSTRONG objects on grounds that if sold now land would bring nothing. ROBERT WALLACE sworn, knows the lands knows the lands thinks it would be in the interest of the parties to sell, would not bear division. BRUMFIELD WALLACE sworn, knows the lands thinks it would be the interest of parties to sell, would not bear division. ALEXANDER PERRY sworn agrees and opinion with above witnesses. J. A. BROWN, OYD Page 2 of 12 ** PAGE BREAK ** Probate, SC, York, FRANCIS ARMSTRONG 1865 WILLIAM WHITE and ISABELLA wife WHITE his wife applicants vs JOSEPH WOOD and SALLY WOOD his wife heirs at law of FRANCIS ARMSTRONG deceased Partition real estate On due examination it is ordered and decreed that the lands described in the summons in Partition in this case be sold by the sheriff of York District on the first Monday in January 1866, or on such other sales day as will be more advantageous for the parties, and interest on a credit of 12 months with interest from day of sale, the purchaser giving bond with good securities and a mortgage of the premises, if deemed necessary, to the ordinary for the payment of the purchase money. Costs to be paid in cash. Given under my hand and seal of office at York courthouse. November 24th 1865 J. A. BROWN, OYD Page 3 of 12 ** PAGE BREAK ** Probate, SC, York, FRANCIS ARMSTRONG 1865 South Carolina York District Before the undersigned personally appeared JAMES BRIAN and R. R. PARISH and on oath say that they are well acquainted with the plantation of FRANCIS ARMSTRONG, deceased, said to contain two hundred and fourteen acres, and that they do not regard the same as worth $1,000. Sworn to and subscribed before me November 3rd 1865. JAMES BRIAN R. R. PARRISH W. J. CLAWSON, Notary Public Page 4 of 12 ** PAGE BREAK ** Probate, SC, York, FRANCIS ARMSTRONG 1865 State of South Carolina York District Writ in summons To: JOSEPH WOOD, SALLY WOOD his wife, WILLIAM ARMSTRONG, GRIZELLA CARROLL, daughter of POLLY ROBERTSON, formerly POLLY ARMSTRONG, THOMAS WHITE and wife, MARGARET WHITE daughter of POLLY ROBERTSON, formerly POLLY ARMSTRONG, FRANKLIN ROBERTSON son of POLLY ROBERTSON formerly POLLY ARMSTRONG, HUGH WALLACE, ALEXANDER WALLACE, SALLY WALLACE, ESTHER WALLACE, NANCY WALLACE, WILLIAM WALLACE and FRANKLIN WALLACE, children of REBECCA WALLACE formerly REBECCA ARMSTRONG, WILLIAM BRANDON [BRANTON] and wife MARY BRANDON daughter REBECCA WALLACE formerly REBECCA ARMSTRONG. Legal heirs and representatives of FRANCIS ARMSTRONG, deceased, who died intestate, greeting: You are hereby required to appear at the court of ordinary, to holden at York courthouse for the said District on the 24th day of November ad 1865, to show cause, if any you can, why the real estate of FRANCIS ARMSTRONG deceased, and situated in said district, on the headwaters of Allison's Creek in York District, bounding lands of JAMES A. BARNWELL, R. HAGINS, Mrs. JAMES ROBERTSON, and MARGARET N. JACKSON and containing 214 Acres more or less should not be divided, or sold, allotting to the said: WILLIAM WHITE and wife ISABELLA WHITE 1/5th part thereof, JOSEPH WOOD and wife SALLY 1/5th part thereof, WILLIAM ARMSTRONG 1/5th part thereof, GRIZELLA CARROLL, THOMAS WHITE and MARGARET WHITE his wife, and FRANKLIN ROBERTSON each one 1/15th part thereof, HUGH WALLACE, ALEXANDER WALLACE, SALLY WALLACE, ESTHER WALLACE, NANCY WALLACE, FRANKLIN WALLACE, WILLIAM WALLACE, and WILLIAM BRANDON and wife MARY BRANDON, each 1/40th part thereof. Given under my hand and seal this 3rd day of November 1865 J. A. BROWN Ordinary, York District. Page 5 of 12 ** PAGE BREAK ** Probate, SC, York, FRANCIS ARMSTRONG 1865 York WILLIAM WHITE & ISABELLA WHITE applicants vs JOSEPH WOOD, SALLY WOOD his wife, et. al. Heirs at law of FRANCIS ARMSTRONG, deceased Summons in partition I do hereby appoint W. J. CLAWSON, guardian ad litem of FRANKLIN WALLACE & WILLIAM WALLACE. J. A. BROWN, November 3rd, 1865 I accept the appointment of guardian ad litem of FRANKLIN WALLACE & WILLIAM WALLACE. W. J. CLAWSON, November 3rd, 1865 We accept the service of within summons: W. J. CLAWSON, guardian ad litem of FRANKLIN WALLACE & WILLIAM WALLACE ISABELLA WHITE {her mark} {J. A. ERWIN, witness} FRANKLIN ROBERTSON GRISILLAR CARROLL {her mark} THOMAS WHITE {his mark} {T. B. WHITE, witness} MARGARET WHITE {her mark} JOSEPH WOOD SARAH WOOD {B. A. DAWSON Davison, witness} ESTHER JOHNSON {her mark} NANCY WALLACE {her mark} WILLIAM BRANEN {his mark} {J. C. BRANEN, witness} MARY BRANEN {her mark} J. H. JOHNSON SARAH T. WALLACE {her mark, J. H. YEARWOOD, witness} Nov. 17, 1865 I have, this day, personally served WILLIAM WHITE with copy of this summons also on 21st, same month, I personally served ALEXANDER WALLACE with copy of this & left copy at residence of HUGH WALLACE & WILLIAM ARMSTRONG. JAMES MASON, OYD Services proved before me Nov. 22, 1865, J. A. BROWN, OYD Page 6 of 12 ** PAGE BREAK ** Probate, SC, York, FRANCIS ARMSTRONG 1865 South Carolina York District To: JOHN A. ??? Esquire, ordinary, York district Your petitioners WILLIAM WHITE and wife ISABELLA respectfully showeth: That FRANCIS ARMSTRONG departed this life intestate seized and possessed at the time of his death of a sizable tract of land in York district containing two hundred and fourteen acres bounded by lands of JAMES A. BARNWELL, R. HAGINS, Mrs. JAMES ROBERTSON, and MARGARET N. JACKSON. That he left has his heirs at law and distributees the following persons, to wit: ISABELLA WHITE wife of WILLIAM WHITE; SALLY WOOD wife of JOSEPH WOOD; WILLIAM ARMSTRONG; GRIZELLA CARROLL wife of ROBERT CARROLL daughter of POLLY ROBERTSON, formerly POLLY ARMSTRONG; MARGARET WHITE wife of THOMAS WHITE daughter of POLLY ROBERTSON, formerly POLLY ARMSTRONG; FRANKLIN ROBERTSON son of POLLY ROBERTSON, formerly POLLY ARMSTRONG; HUGH WALLACE; ALEXANDER WALLACE; FRANKLIN WALLACE; WILLIAM WALLACE; SALLY WALLACE, ESTHER WALLACE and NANCY WALLACE, children of REBECCA WALLACE formerly REBECCA ARMSTRONG; MARY BRANDON wife of WILLIAM BRANDON daughter of REBECCA WALLACE formerly REBECCA ARMSTRONG. That your petitioners are desiring to have partition and division ??? of the said tract of land ??? FRANKLIN and WILLIAM WALLACE Respectfully ??? Page 7 of 12 ** PAGE BREAK ** Probate, SC, York, FRANCIS ARMSTRONG 1865 M. WHITTAKER ********************* * * * * JAMES BARNHILL * * L. L. PACKARD * FRANCIS ARMSTRONG * H. C. THOMASSON * 238 acres * * * J. H. ??? * * * * * * ********************* R. HAGINS South Carolina York District The above plant represents a tract of land containing 238 acres belonging to the estate of FRANCIS ARMSTRONG deceased with such form marks and boundaries as above shown. Survey December 30th 1865 JOHN G. ENLOE Deputy Surveyor Page 8 of 12 ** PAGE BREAK ** Probate, SC, York, FRANCIS ARMSTRONG 1865 JOSEPH WOOD and wife vs WILLIAM ARMSTRONG and others heirs at law of FRANCIS ARMSTRONG deceased Bill for petition Surveyors cost January 29th and 30th 1865 2 days of surveying $6.00 1 Platt $2.14 =========================== Total $8.14 J. R. ALEXANDER 2 days $2.00 BENJAMIN ARMSTRONG 2 days $2.00 Page 9 of 12 ** PAGE BREAK ** Probate, SC, York, FRANCIS ARMSTRONG 1865 State of South Carolina York District Know all men by these presents that we HIRAM C. THOMASSON, A. JACKSON BROWN and E. P. CASTLES are held and firmly bounden to JOHN A. BROWN, ordinary for York District, or his successors in office, in the fall and just sum of $970 to be paid unto the said JOHN A. BROWN ordinary for York District, or his successors in office, to which payment well and truly to be made and done, we bind ourselves our heirs, executors and administrators for the whole and in the jointly and severally firmly by these presents. Sealed with our seals and dated this first day of January, in the year of Our Lord 1866. The condition of the above obligation is such, that if the above bound HIRAM C. THOMASSON his heirs, executors, administrators or assigns shall and will truly pay, or cause to be paid to the said JOHN A. BROWN ordinary, as aforesaid, or his successors in office, the just and full sum of $485.90 in specie on or before the 1st day of January 1867 then the above obligation to be void and of no effect, or else to remain in full force and virtue. H. C. THOMASSON E. P. CASTLES R. J. BROWN Signed sealed and delivered in the presence of W. B. METTS Page 10 of 12 ** PAGE BREAK ** Probate, SC, York, FRANCIS ARMSTRONG 1865 $41.40 received October 20th 1866 of H. C. THOMASSON 41 $43 in part being cost and interest due to date H. C. HARRIS, Ordinary York District $100 received September 2nd 1867 on the within Bond $100 currency H. C. HARRIS, OYD $50 received February 6th 1868 $50 current on the within Bond H. C. HARRIS, OYD $50 received February 22nd 1868 on the within Bond $50 in US currency H. C. HARRIS, OYD $288.85 received December 3rd 1868 $588.85 dollars in US currency on the within Bond being in full of principal and interest incurring H. C. HARRIS, OYD $75 received 12th September 1870 $75 H. C. HARRIS, Justice of peace Received February 7th 1872 of HIRAM C. THOMASSON $146.85 in full of bond in within stated case. A. B. XXX Page 11 of 12 ** PAGE BREAK ** Probate, SC, York, FRANCIS ARMSTRONG 1865 ###### # # ##### ####### # # ##### ####### # # # # ## ## # # # ## # # # # # ## ## # # # # # # # # # # # # # # # # # # ###### # # # # #### ##### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ### # # # # # # ###### # # ##### ####### # # ### ##### ####### # # Transcribed from original documents by Brent R. Brian & Martha M. Brian. This document and others can be found on our website: BMGEN We claim COPYLEFT on the documents that we publish that are our original work. COPYLEFT “rules” can be reviewed on the web site: GNU Free Documentation License In short, use what you like. But if you use our stuff, mention us as the source. Brent R. Brian Martha M. Brian BrianMitchellGenealogy@gmail.com Page 12 of 12 ** PAGE BREAK **