Divorce of Robert and Mary Ann Hall Spence

Transcription of Suit for Alimony: Mary Ann Spence vs. Robert Spence All spelling as nearly to the original as possible

State of South Carolina To The Hon James L. Orr Judge of the Eighth Judicial Circuit The petition of Mary Ann Spence of the County of Anderson in the State aforesaid, a married woman, showeth unto your Honner that in the year (left blank) being then single, she, as Mary Ann Hall intermarried with Robert Spence of the said County and State - that after her intermarriage she received from the estate of her father the sum of Three hundred dollars and from the estate of her uncle about the sum of seven hundred and fifty dollars and that the said sums of money passed into the possession of her husband and were by him used for the purchase and increase of property of which he has enjoyed the benefit and of which or use proceeds of which he is now in possession. That beside other acts of Mis-treatment the said Robert Spence did in June or July of the year of our Lord Eighteen Hundred and Sixty-Four, without provocation whip her, beat her with a chair and finally drive from the house and refused to allow her to return. That she has never returned to the house since that date but once when being absolutely without bread, she went to him and begged for a little meal which she obtained. That since her expulsion from her home by her said husband she has been entirely dependant upon her sons in law - that she is utterly unable to maintain herself - that she is sixty three years old and has one leg and arm disabled - and that her husband is in competent circumstances and perfectly able to support her. And your Petitioner prays the Honorable Court a decree for such alimony as it may judge necessary for her reasonable support and maintenance and that such other and further relief shall be afforded her as the circumstances of her case may seem to require. And your Petitioner further prays that her husband the same Robert Spence be made a Defendant by serving upon him a copy of this Petition with a notice therein under seal requiring him to be and appear by a day certain in this Honorable Court, then and ffiere to answer the premises and to 71??71 such order and decree as shall be made therein. ________________________________________ To Robert Spence You are hereby enjoined to appear at the Court of Equity at ?????????? Court House on the 14th day of January ?????????? ???????? with Clerk of the Court your ????????answer or answers to the within Petition and in ????????? hereof as Ordered ?????????????????????????fipo will be taken against you.

13 Dec 1869 (Signed) - Unreadable William McGukin S. A. C. (Probably meaning Sheriff, Anderson County)

The State of South Carolina. Anderson County. Mary Ann Spence ) In the Common Pleas Vs ) Equity Side Robert Spence ) Petition for Alimony Relief Tc The separate answer of Robert Spence the Defendant, to the petition filed against him by his wife, Mary Ann Spence, the Plaintiff. This Defendant saving and reserving to himself all benefit and advantage of exception or otherwise, to the many errors and uncertainties, vis Plaintiffs petitions contained, for answers thereto, or to so much thereof, as he is advised it is material or necessary for him to make answer to, answering says. That he admits that he intermarried with the Plaintiff, this Mary Ann Hall, about the month of September AD. 1821, and that she is now his lawfully wedded wife, part of himself, and as such he submits to the court, that it is not competent for her to bring or maintain suit against him in her own name, or without the intervention of a friend, who is responsible for the cash and expenses incurred, and he respectfully claims the same benefit from this objective, made in this form, as if it had here specially pleaded. And this Defendant further answering says" that it is true that he received as the state of his wife at different times, Some years after their intermarriage., the Sum of about one Thousand and fifty Dollars in the aggregate, as is charged in the petition. Four hundred and fifty dollars of this sum was expended some Sixteen years ago in the purchase of a negro girl who was kept in the service of the family until the summer of 1863, when he sold her for one Thousand Dollars in confederate money which was lost on his hands. The balance of the found received was consumed in the rearing and maintenance of a large family, and he has nothing remaining to show for it. This defendant is now Seventy seven years of age, about twelve years the senior_of his wife, and it would have been a great blessing to them, if they could have remained together quietly, in their old age, which they certainly could have done, but for the irritability, and unreasonable demands of the Plaintiff. This defendant had born to himself and wife, seventeen children, eleven of whom lived to their majority and have married and left them. The plaintiff was always high tempered, irritable, and hard to get along with, but became gradually worse and worse, as their children grew up and her conduct and deportment became so intolerable as to finally culminate in their separation. To her other faults was- added an extravagance by giving away and wasting the-provision and other necessaries provided for himself and family, that in his limited circumstances he was unable to-afford. He remonstrated with her again and again, but all to no purpose, and finally she commenced absenting herself from house, and would be absent for many days, and sometimes weeks at a time, and even when at home, she for a great length of time stubbornly refused to share the same bed with this defendant, or treat him with the friendship and attention due to a husband. On one occasion During the year 1863 upon her leaving home, he swiped (?) the lock with which he secured his dwelling house, and upon her return in five or six days, he charged her with taking it and required her to produce it, and in a moment of excitement, he admits with shame and mortification, he taken a small limb off of a post oak bush, and gave her several stipes with it. This is the only occasion upon which he ever used personal violence towards her, and he positively denies that he ever struck or offered to strike her with a chair saving previous to this time she had been particularly insisting that this defendant should convey to her in fee his little tract of land, a horse and an old buggy, being the only property of any value he then had. This he refused to do, as it would practically have defasired (???) him of a house in his old age, but to try and reconcile her and have peace of home, his offer to convey his land to her for life, with remainder to their two younger sons. This she refused to accept, demanding all of nothing, and their difference on this subject, was perhaps the leading cause of her forsaking his bed, and absenting herself so frequently from home, Two claiming, as he is infa????? and believes she did, on all occasions, that she would never live with this defendant again; and it was also perhaps, the principal cause of their subsequent personal difficulties. After the unfortunate encounter between them in 1863, herein before admitted and described,??????? went on for some months, ?????much as they had done before. Plaintiff was some times at home, moodily occupying her separate bed, and answering (?) Herself as an uninvited stranger, rather than as an help meet, a wife and a friend, and sometimes absent shoieisay (?) about the neighborhood, until it finally became evident, that they could not live and cohabit together in peace as husband and wife, and they agreed to separate. They accordingly called an Austen William Esq, who died (?) w/articles of separation between them, which they executed, and both considered as obligatory and conclusive, and in pursuance thereof, A. William. Esq and Willis Allass were called in, and divided with her all the personal property of which he was proposed (?), according to the terms of law articles, and she took possession of, wared(?) it off, used it, and as he is informed and believes, under the management of a profligate son-in- law, upon whoever she relies, has continued the Sauie(?) and redular (?) herself to enthncassidy(?). A copy of the law articles is herewith filed, and marked exhibit A. To which reference is prayer. And this defendant insists that in Equity, Justice and good conscience, Plaintiff should be concluded by Law articles and told to Stand To and Abide by the same. And this defendant further answering says; that in addition to his being a very old man and unable to perform but little physical labor, his precarious circumstances are extremely limited. He is the owner of a tract of 310 acres of very poor land, on which there is a little corn mill recently repaired by him, the whole of little value. He also has three or four head of cattle and a very trifling household furniture, - no horse, mule, hog, or property or assets of any other name or kind, and it is quite as much as he can do to maintain himself in the humblest act or way. The Plaintiff is much younger in years, and in addition to the property, which she received under the articles of separation, for a year or two previous to August last, when his mill broke down, she was in the habit of coming to his mill and receiving alwartt (?) money, from this defendant or his miller, an amply supply of meal for her support, and she has never has (?) done any thing requisite for her maintenance, asked at the hands of this defendant. This defendant further answering says that the Plaintiff expatriated herself from his bed and board of her own accord, accepted of his personal estate in full satisfaction of all future claims against him, has never sought reconciliation or offered to return to his residence and resume her duties as a wife, and he insists that she has by her own conduct barred herself from any claims against him, such as she now makes, and he respectfully insists that the articles of separation entered into between them should be confirmed and a separation a sueuss et thorn decreed to mean them and the petition dinsfied(?) And this defendant haying fully ?????????so. prays to be hence dissonped (?) With his recoverable cash tc Reed & Brown Attys

The State of South.Carolina Anderson County Personally approved before me Robert Spence the Defendant, and on oath saith, that the facts stated in the foregoing answer so far as stated of his own knowledge are true, and so far as stated ???????information decised from a???????????he believes them to be true. A.D. 1870 Q.P. Bid Not public Sworn to and ????????before me on the 27th day of January. (Signed) Robert Spence, Sr. South Carolina ) Anderson District ) Know all men by these presents that I Robert Spence Snr the husband and Mary A Spence the wife and dotter agree to divide there personal Estate between the two parties as they cannot live together as husband and wife. The said Robert Spence agrees to give to his wife the following property to wit, two beds and furniture fur chairs one lot/pot ware on lot, crockery one water pail two knives and forkes and one pan, one lot glass weare, one smothing iron 50th cotten, one cow &calf, six bushels corn, one hundred # pork, one flax wheat 1 check real 1 wash tub 1 meal sack 1 jugg & molasses 1 looking gales one table and the said Mary A Spence agrees to take the above amount specifyed as her distributure share of the personal Estate of her husband Robert Spence and doeth now and forever relinquish all claim to the remainder of the personal Estate of the said Robert Spence that he has now in his possession or may hereafter accumulate as she dos declare full satisfaction for her mantainence during her natural life releasing the said Robert Spence from any responsibility of her mantainence or for any contract that she the said Mary A Spence may make in any way what ever. The said Robert Spence dothe bind himself not to lay clame to any part or all of the above named property now or hereafter as it is delivered up to the said Mary A Spence in good faith and by Special agreement and that the said Mary A Spence is to remove the same of the premises forthwith of the said Robert Spence and not to return her self or property on the premises of the said Robert Spence so long as they bothe should live in testimony whereof we have set our hands and seales this 8 day of No v 1864 in presents of Willis Allen Robert Spence (L. .B) D. S. Slenetio Mary A Spence (L.B.) Her X Mark 1.