Wrightman Bagley - Division of Land to Heirs

Location: District of Fairfield, South Carolina
Surname/tag: Bagley

This is a source document containing images of court proceedings, plus transcripts, of the matter of partitioning of the land belonging to Wrightman Bagley after his death on 10 Aug 1851, to his six children his heirs.

Contents 1 Summary 2 Initial Plea 3 Court Decision 4 Facts Presented

Summary

Wrightman Bagley lived in the District of Fairfield, South Carolina, and owned about 200 acres there. He died on 10 Aug 1851 without a will. His 2 sons Robert and Wrightman appear to have been the younger ones still living there, and were advanced significant sums while the father yet lived. The other 4 (John, Partheny, Green, and Charles) then petitioned the court for an equitable distribution of the estate. No cause to the contrary was offered, so the court agreed, and stipulated that the land was to be divided into 6 parts of equal value, one for each. No further mention was made of the advances the 2 sons had previously received.

Initial Plea

Wrightman Bagley land division - Plea

Transcription

Note: all are welcome to make or suggest corrections or improvements!

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The State of South Carolina }

Fairfield District } In Equity

To the Honorable, the Chancellor of the said State,

...Humbly complaining shew unto your Honors your

orators and oratrix John A. Bagley, Partheny Young, Green L.

Bagley and Charles Bagley, that Wrightman Bagley, late of the

District and State aforesaid departed this life on the tenth day

of August in the year of our Lord one thousand eight hundred

and fifty one, intestate, seized and possessed at the time of his death,

of one plantation or tract of land on which he resided at the

time of his death, containing two hundred acres more or less, sit-

uate in the District of Fairfield and State aforesaid, adjoining lands of

Samuel Johnston, Theodore Dubose, the estate of the late William

Bratton + others.

...Your orators and oratrix further shew unto your Honors that

the said Wrightman Bagley left the following persons his heirs at

law and distributors of his estate, to wit, your orators and oratrix

John A. Bagley, Partheny Young, Green L. Bagley and Charles Bagley

and the defendants Robert G. Bagley and Wrightman Bagley, all

children of the said deceased -- and your orators and oratrix

charge that the said Robert G. Bagley, received from the said Wr-

ightman Bagley, in his lifetime, by way of advancements, much

more than his distributive share of the entire estate both real and

personal, of the said deceased, and that the said Wrightman Bagley

also received large advancements from the said deceased in his life-

time, for which advancements your orators and oratrix pray the

said Robert G. Bagley and Wrightman Bagley may be held to account.

...Your orators and oratrix John A. Bagley, Partheny Young,

Green L. Bagley, and Charles Bagley further shew that they and the

defendants Robert G. Bagley and Wrightman Bagley (the said

defendants first having accounted for their advancements) are

entitled to have equal partition or division of all the real estate

of which the said Wrightman Bagley, deceased, died? seized and

possessed -- that your orators and oratrix cannot conveniently enjoy

their several and respective interests in the estate of the said

Wrightman Bagley, deceased, whilst the same remains undivided

and is held as it now is by the aforesaid heirs and distributors? in

common -- that none of your orators and oratrix received any adv-

ancements from the said Wrightman Bagley, in his lifetime, nor any one of them

........that James? ? Stewart is administrator of the personal estate of said Wrightman Bagley,

from his estate since his death, ^ , that the personal estate of the said

Wrightman Bagley, deceased, is far more than sufficient to pay off

and satisfy all his just debts.

...In tender consideration whereof, and forasmuch as your orators

and oratrix are without remedy in the premises?, except by the

aid of this Honorable Court, where matters of this sort are

properly cognizable and relievable --

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Section link:

Space:Wrightman_Bagley_-_Division_of_Land_to_Heirs#Initial_Plea

Court Decision

Wrightman Bagley land division - Decision

Transcription

Note: all are welcome to make or suggest corrections or improvements!

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The State of South Carolina }

Fairfield District } In Equity

To Benjamin P. Ravenel?, Theodore S? Dubose,

John M. Bratton, Robert Smith Andrew Powers and Charles Cathcart.....Greeting.

...Whereas it is suggested in the Court of Equity at Fairfield

Court House by John A. Bagley, Partheny Young, Green L. Bagley and

Charles Bagley against Robert G. Bagley, Wrightman Bagley and James

S? Stewart, all children of Wrightman Bagley, deceased, except

James? S? Stewart, who is administrator of his personal estate -- that

the said Wrightman Bagley, deceased, late of the District and State afore-

said, departed this life, intestate, on the tenth day of August in the year

of our Lord one thousand eight hundred and fifty-one, being seized

and possessed at the time of his death in fee simple, of a tract of land

containing two hundred acres more or less, situate in the District of Fairfield

and State aforesaid, adjoining land of Samuel Johnston, Theodore Dubose,

the estate of the late William Bratton and others.

...That the aforesaid James? S? Stewart administered upon the personal

estate of said intestate, by virtue of his office as Ordinary for Fairfield

District, in the State aforesaid. --

...That the aforesaid Wrightman Bagley, deceased, left the following

persons his heirs at law and distributing of his estate, to wit, your orators

and oratrix, John A. Bagley, Partheny Young, Green L. Bagley, Charles

Bagley, and the defendants Robert G. Bagley and Wrightman Bagley,

all children of said deceased -- each entitled to one sixth

part of the estate of the said deceased -- that the personal estate of the said

deceased is much more than sufficient to pay off and satisfy all his just

debts.

...And the said John A. Bagley, Partheny Young, Green L. Bagley,

and Charles Bagley, having prayed that partition of the aforesaid tract

of land may be made between the said John A. Bagley, Parth-

eny Young, Green L. Bagley, Charles Bagley, Robert G. Bagley, and Wrigh-

tman Bagley, so that each may hold his and her respective sh-

are in severalty; and the said Robert G. Bagley, Wrightman Bagley and

James? S? Stewart having had due and legal notice to shew cause

to the contrary, and the said Robert G. Bagley, Wrightman Bagley and

James? S? Stewart, having shown no cause to the contrary --

...Therefore you or a majority of you are hereby authorized

and empowered, being first duly sworn, fairly and impartially, according

to the best of your skill and abilities, to make partition of the afore-

said tract of land, with the appurtenances, between the said John

A. Bagley, Partheny Young, Green L. Bagley, Charles Bagley, Robert

G. Bagley and Wrightman Bagley, each one sixth part thereof in

value.

...And you are to return a general plat of said land with

a certificate in writing under your hands and seals setting forth

and shewing plainly and distinctly the manner in which you

shall have made partition thereof.

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Section link:

Space:Wrightman_Bagley_-_Division_of_Land_to_Heirs#Court_Decision

Facts Presented

• Wrightman Bagley

  Died 10 Aug 1851

  Resided in District of Fairfield, South Carolina

• Children/heirs of Wrightman Bagley:
  • John A. Bagley
  • Partheny Young
  • Green L. Bagley
  • Charles Bagley
  • Robert G. Bagley
  • Wrightman Bagley - also known as William Rightman Bagley

• Administrator of Wrightman Bagley's personal estate
  • James? S? Stewart (I tried and tried, but cannot be sure about his first name or middle initial)

• Neighbors of Wrightman Bagley's land
  • Samuel Johnston
  • Theodore Dubose
  • The estate of William Bratton and others?

• Court Officials
  • Benjamin P. Ravenel?
  • Theodore Y?. Dubose
  • John M. Bratton
  • Andrew Powers