Probate, SC, York, JOHN O'BRIAN 1838 Case number 2 File number 47 JOHN O'BRIAN deceased MARGARET O'BRIAN applicant 1838 Page 1 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 MARGARET O'BRIAN applicant ] vs ] MAJOR T HALL the guardian of ] summons in partition JOHN O'BRIAN over 14 years old ] and LAWRENCE K O'BRIAN under 14 ] defendant ] On due examination it is ordered to and decreed that the lands described in the summons in partition in this case be sold by the sheriff of York District on the 22nd day of October this instant or on such other sale day as well be most for the advantage of the parties interested on a credit of twelve months the purchase paying 1/3 in cash the day of sale and the balance being interest from date received purchase giving bond with good security and mortgage of the premises if deemed necessary to the ordinary for the payment of the purchase money BENJAMIN CHAMBERS, ordinary of York District Page 2 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 South Carolina ] York District ] October 22nd 1838 Know all men by these presents that we MATILDA WOOD, JAMES BRIAN and MAJOR T HALL are held and firmly bound to Benjamin chambers ordinary of the district aforesaid and his successors in office or assignees in the sum of nine hundred and eighteen dollars to which payment will and truly be made and done. We bind ourselves our heirs, executors and administrators jointly and severally firmly by these presents sealed with our seals and dated the 22nd day of October 1838. The condition of the above obligation is such that if the bound MATILDA WOOD shall well and truly pay to BENJAMIN CHAMBERS ordinary as aforesaid his successors in office the sum of four hundred and fifty nine dollars twelve months from the above date with interest from date then this obligation to be void or else remain in full force and virtue. Signed sealed in presence of MATILDA WOOD JAMES BRIAN JR M T HALL Atest LAWRENCE CULLINDER Page 3 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 Received October 25th 1838 of Mrs. MATILDA WOOD of the within bond at date of said bond $153 BENJAMIN CHAMBERS Received of Mrs. MATILDA WOOD $332.47.75 in full of the principal and interest of the within bond January 15th 1840 BENJAMIN CHAMBERS Page 4 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 South Carolina ] York District ] October 1st 1838 LAWRENCE CULLINDER and RICHARD M PRESSLEY came before me BENJAMIN CHAMBERS ordinary for the district aforesaid and on oath saith they are acquainted with the tract of land the property of the estate of JOHN O'BRIAN deceased said to contain one hundred and fifty nine acres and one of opinion and recommend that the same be sold as most conducive to the interest of the parties in interest sworn to and subscribed before me day and year above written BENJAMIN CHAMBERS ordinary York District RICHARD M PRESSLEY LAWRENCE CULLINDER Page 5 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 MARGARET O'BRIAN applicant ] vs ] M T HALL guardian of ] JOHN O'BRIAN and ] writ in summons LAWRENCE K O'BRIAN minor ] heirs at law of ] JOHN O'BRIAN deceased ] defendants ] Land sold to Mrs. MATILDA WOOD for ⅓ cash the balance 12 months after date bearing interest from 22nd October 1838 $459.00 deduct ordinary fees $10.00 James Brian sheriff's fees $3.60 widow one third $148.36.66 6.42 Continued receiving paying out the sum of $138.04 Received of BENJAMIN CHAMBERS ordinary of the district of York $138.04 it being in full of my third of the estate of JONATHAN O'BRIAN sold to make partition among the heirs at law by order of the court of ordinary October 25th 1838 test JAMES BRIAN JR MARGARET O'BRIAN Page 6 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 Received of BENJAMIN CHAMBERS for the service rendered in the sale of the estate of JOHN O'BRIAN deceased by order of the court of ordinary to make partition amongst the heirs at law of said deceased $3.60 Sheriff's cost and said case October 25th 1838 JAMES BRIAN sheriff Page 7 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 The within settlement continued The amount of principal after the widows and heir deducted C ? $296.93.33 Received on bond January 15th 1840 $25.69 1 year 2 months and 24 days interest and ? $322.62.33 count off $16.13 balance divided equally between JOHN O'BRIAN and LAWRENCE C O'BRIAN each $153.24 received of BENJAMIN CHAMBERS ordinary of York District $306.49.33 in full of what is due to the two minor children of JOHN O'BRIAN deceased real estate Viz JOHN W O'BRIAN JR and LAWRENCE C O'BRIAN for each the $153.24 sum as their guardian being the amount and interest due on the within sealed case January 15th 1840 M T HALL guardian settlement of the real estate of JOHN O'BRIAN deceased sold to make partition among the heirs at law order 22nd October 1838 recorded book on page 147 Page 8 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 South Carolina ] York District ] October 1st 1838 Personally came before me BENJAMIN CHAMBERS ordinary of the said district and saith on oath that the within valuation is in and about the value of said tract of land within designated and feel well assured said land is not worth one thousand dollars. Sworn and subscribed before me day and date above. BENJAMIN CHAMBERS M T HALL Page 9 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 The affidavits of ALEXANDER BARNETT, DEMSEY COOK, WILLIAM COOK and M T HALL Respecting the value of the real estate of JOHN O’BRIAN, deceased Page 10 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 South Carolina ] York District ] Personally appeared WILLIAM COOK, ALEXANDER BARNETT and DEMPSEY COOK and made oath that they would fairly and impartially and without fear favor or affection to any person whosoever appraise and value the plantation belonging to the estate of JOHN O'BRIAN on which the said O'BRIAN resided at the time of his death containing 153 acres more or less. Sworn before me September 29th 1838. J M ROSS, QU DEMPSEY COOK ALEXANDER BARNETT WILLIAM COOK to BENJAMIN CHAMBERS Esquire, ordinary of York District Page 11 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 South Carolina ] York District ] We WILLIAM COOK, ALEXANDER BARNETT and DEMPSEY COOK do hereby certify that after being duly qualified we have after having the premises valued and appraised the plantation belonging to the estate of JOHN O'BRIAN on which the said O'BRIAN resided at his death containing about 153 acres more or less adjoining the lands of EDWARD BRANDON estate of MATTHEW BIGGERS, JAMES BIGGERS and others at the sum of ______ September 29th 1838. ALEXANDER BARNETT DEMPSEY COOK WILLIAM COOK appraises at $3 per acre amounting to $459 Page 12 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 South Carolina ] York District ] Writ in summons To MAJOR T HALL guardian of the two minor heirs at law of JOHN O'BRIAN senior deceased estate one JOHN O'BRIAN over fourteen years old the other under fourteen years old legal heirs and representatives of JOHN O'BRIAN who died intestate. Greeting you are hereby required to appear at the court of ordinary to be holden at York courthouse for York District on the first day of October 8th 1838 to show cause if any you can why the real estate of JOHN O'BRIAN senior deceased situate in said district on the waters of the Beaverdam a branch of Catawba River bounding on lands of EDWARD BRANDON the estate of MATTHEW BIGGERS, JAMES BIGGERS, ROBERT AIKIN and lands of Mrs. AARON WOODS and containing one hundred and fifty three acres originally granted to _____ should not be divided, sold allotted to the said MARGARET O'BRIAN the applicant one third thereof and the remaining two thirds in equal portions to the said JOHN O'BRIAN JR and LAWRENCE K O'BRIAN given under my hand and seal this 1st day of October 1838. BENJAMIN CHAMBERS, ordinary of York District [ROBERT EAKINS in census] Page 13 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 South Carolina ] York District ] October 1st 1838 Having read the within summons and having no objection to the object therein expressed, as guardian of the two minor heirs at law of said deceased do hereby consent that the lands be sold or divided agreeable to the within summons. October 1st 1838 M T HALL guardian Page 14 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 Margaret O'BRIAN the applicant ] vs ] M T HALL the guardian of the ] two minor heirs of JOHN O'BRIAN ] deceased ] JOHN O'BRIAN ] LAWRENCE K O'BRIAN minors ] October 1st 1838 recorded book on page 145 and 146 Page 15 of 16 ** PAGE BREAK ** Probate, SC, York, JOHN O'BRIAN 1838 ###### # # ##### ####### # # ##### ####### # # # # ## ## # # # ## # # # # # ## ## # # # # # # # # # # # # # # # # # # ###### # # # # #### ##### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ### # # # # # # ###### # # ##### ####### # # ### ##### ####### # # 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 16 of 16 ** PAGE BREAK **