Item #1

Source:  Will Book A, Page 103           Spartanburg County, South Carolina          

South Carolina Department of Archives and History

 

State of South Carolina

 

I, Benjamin Couch of the District of Spartanburg and State aforesaid, do make this for my last will and testament.

My tract of land on Lishas Creek, I give to my sons, Levy Couch and Ely Couch.

I request that my younger children may be schooled equal to my elder children.

I give all of my estate both real and personal to my beloved wife while she remains my widow.  When she marry,

I desire that all of my estate be sold at twelve months credit by my executors and that they do detain in their hands

as much as will be sufficient to school my children in manner aforesaid.  The balance equally divided between my

wife and children.  Such of my children as I have given anything to, the value to be deducted out of their parts so

that each of my children may have an equal part of my estate.

It is my will and desire that as my children arrives to the age of 21 years or marring that my wife do give to them

what she can conveniently spare in part of what will be coming to them out of my estate and whatever they so

receive to be deducted out of their shares when a division is made which is not to take place until the death of

my wife unless she marries.

I appoint Jesse Briggs and Chaney Stone my executors.

 

Witness my hand and seal the 24th April 1816.

 

Test                                                                              Benjamin Couch  {seal}

                                                                                     By his mark

James Burk                                                                   {His mark is a C not X}

Joseph Vines

William Cambell

 

 

Item #2

Benjamin Couch Estate File #555 Copy of Original Voucher

South Carolina Department of History and Archives

I certify that I have publicly read this citation at a meeting at the house of the said Benjamin Couch, deceased.

Given under my hand this 9th day of November 1816

                                                                                     Thomas Ray, M.G.

Note:  Thomas Ray pastored Lower Fairforest Creek Church starting in 1839.

 

Item #3

Citation to prove the will of Benjamin Couch deceased; Original Voucher

Source:  Estate File #555 South Carolina Department of Archives and History

 

South Carolina        }  This last will and testament of Benjamin Couch deceased

Spartanburg District  }  was proven by the evidence of William Campbell, and is now inserted on record in the

Ordinaries office in said district in Book A, Page 103.  This 20th day of February 1817 by                           

                                                                         Wm. Lancaster

                                                                         O. S. D.

Benjamin Couch Last Will and Testament

 

Recorded                                 Copied

 

Item #4

 

Source:

Page 13, Spartanburg District, South Carolina Journal of Ordinary 1816-1818

Family History Library Film #1022747

 

 

November 11, 1816

Chaney Stone, one of the executors named in the will of Benjamin Couch, deceased, returned the citation to

prove the same, regularly published, and no objector appearing, proceeded to prove the will of said deceased

by the evidence of William Campbell, one of the subscribing witnesses thereto, in the usual form, at the same

time qualified Chaney Stone executor, gave him letters testamentary, and warrant of appraisement.

 

 

Item #5

 

Source:  Probate packet #52   Ordinary, Spartanburg, South Carolina

 

State of South Carolina

 

To:  Levi Couch, Eli Couch, Jesse Couch, James Couch, Benjamin Couch, Chainy Couch, Samuel {Saml.}

Campbell and wife, *Stephen Couch & wife and Peggy Couch, Langston and wife and Delilah Couch, and

Avery Stone & wife.

 

Transcribers Note:  *Here it is written Mathew Couch and wife - then the Mathew is struck through and Stephen

written above it.  Some record the S as a J.  If you review the balance of the document as well as others written

by Mr. Trimmer you will see several S's made this way.  

 

You are hereby required to appear at the Court of Ordinary to be holden at Spartanburg Courthouse, on the

first Monday in January next, to show cause, if any you can, why the Real Estate of Benjamin Couch, deceased,

situated in the District aforesaid on the waters of Enoree River said to contain two hundred and eighty acres

should not be sold or divided, allotting to the parties entitled their respective shares thereof.

 

Given under my hand and seal this 3rd Nov. 1833

W. Trimmer

O.S.D.

 

Item #6

Settlement of Proceeds from Sale of Real Estate

Film #C742, South Carolina Department of History and Archives

Source:  Real Estate Cash Book, Spartanburg District, South Carolina 1830-1836

 

State of South Carolina            Benjamin Couch Estate, sold March 4, 1834

Spartanburg District                 on credit of 12 months

 

            100 acres sold to Ephraim Campbell    $161.00

            180 acres sold to James Burk          $120.00

                                                      (Total)                     $281.00

Deduct Fees

            Ordinary           $10.00

            Commissions   $14.05

                                                 $24.05

 

            Sheriff's Fee    $ 7.10

                                                 $31.15                          -$ 31.15

                                                                                                   $249.85

 

There being 12 distributes

            Share of each is                                                            $   20.82   (Land Sales Only)

 

 

Distributes

            Levy Couch                              Paid

            Ely Couch

            Jesse Couch                            Paid

            James Couch                           Paid

            Benjamin Couch                       Paid

            Chaney Couch             Paid

            Samuel Campbell & Wife         Paid

            Stephen Couch & Wife Paid     {Note: The S is not clear but the remainder

                                                                                       of the name is clearly readable}

            Peggy Couch                           Paid

            Jacob Langston & Wife            Paid

            Delilah Couch              Paid

            Avery Stone & Wife      Paid     {Note: Wife is Jemima; 1850 Gwinnett                                                                                    Co. Census}

 

Notes found on page.

1. Deduct fees for settlement of pay outs {?} of estate $.50 E.

Detain the shares of Jesse and James, for escor.

2. James Burk requires the shares of James, Levi and Delilah Couch to be

Retained until they settle with him.

3. Chaney Stone, the executor, says pay out no more money until a settlement

with all legatees.  See Will Book A, page 103.

 

Item #7

 

Source: Pages 121-122, Spartanburg District, South Carolina Journal of the Ordinary 1830-1840

Family History Library Film #1022747

August 17, 1835

 

On a final settlement of the Estate of Benjamin Couch, dec'd by Chaney Stone,

Executor of said dec'd I find, as follows as

Executor:  To amount of sales made by agent in Georgia.                                                                                                                                                             $231.67*

 

*This is the proceeds from sale made by Levi Couch in Gwinnett County,

Georgia and differs from the original voucher by $.02.

 

Advancements:

            To    Levi Couch                                   $70.00

            "     Eli Couch                                       $60.00

            "     Jesse Couch                                  $70.00

            "     James Couch                                $72.00

            "     Benjamin Couch                            $60.00

            "     Samuel Cambell                             $20.00

            "     Stephen Couch                              $12.00

            "     J. Langston & Wife                         $18.00

            "     A. Stone & Wife                             $14.50                          $396.50          

 

 

There being 12 Distributes,                                                       12/                   $628.17

                                                              The share of each is                           $ 52.34

 

Levi Couch      $52.34 advanced $70.00 overpaid                   $ 17.66

Eli Couch         $52.34 advanced $60.00 overpaid                   $  7.66

Jesse Couch    $52.34 advanced $70.00 overpaid                   $ 17.66

James Couch   $52.34 advanced $72.00 overpaid                   $ 19.66

Benj. Couch     $52.34 advanced $60.00 overpaid      $  7.66

S. Cambell & wife $52.34 advanced $20.00 Bal. Due  $ 32.34

Stephen Couch       $52.34 advanced $12.00 Bal. Due            $ 40.34

J. Langston & wife $52.34 advanced $18.00 Bal. Due $ 34.34

A. Stone & wife      $52.34 advanced $14.50 Bal. Due $ 37.84

 

It is ordered that the executor pay to Samuel Cambell and wife $32.34, to Stephen Couch $40.34, to J. Langston

$34.34, to Avery Stone $37.84, to Chaney Couch $52.34, to Peggy Couch $52.34 and to Delilah Couch $52.34. 

From each of the above shares must be deducted 50 cents for costs and it is further ordered that Levi Couch refund

$17.66, Eli Couch $7.66, Jesse Couch $17.66, James Couch  $19.66 and Benjamin Couch $7.66 and also 50 cents

each for their proportionate shares of the costs. 

 

Transcribed By Babs Robinson, Email: mailto:BabsRbnson@aolcom?subject=Benjamin Couch Will