Estate of Mary Howard

Transcribed by Paula McMeans Scales

From copies of original documents received from:

SC Dept. of Archives and History-Columbia, SC
Union County Probate
Box 25 Pkg.9
Frames 249-268
Roll # C2571

1) Will of Mary Howard dated January 9, 1839

2) Will Recorded and Proven January 31, 1839

3) Order for Sale February 7, 1839

4) Warrant of Appraisement and Appraisal Bill February 23, 1839

5) Inventory and Sale Bill June 29, 1840

6) Claims against the Estate September 11,1840

7) Calculation and Settlement September 11, 1840

NOTE: Jason or Aaron Howard (or both?) The copies I received included a typed transcription of the Will that clearly names Aaron Howard and Aaron Clemmons Howard as heirs. The hand written copy could be either Aaron or Jason. There is a later mention of the estate of A. Howard, however in the final settlement the name is clearly written as Jason Howard. I am hoping someone is familiar with the family and will be able to clear up the confusion. Paula

Will of Mary Howard

South Carolina)

Union District)

I Mary Howard of the State and District aforesaid being of sound and disposing mind but of weak body do make this my last will and testament in the name of God Amen&emdash;first it is my wish that all my just debts be paid with my funeral expenses. Next it is my wish that all my property whether real or personal be divided between my beloved children Clara Little her heirs and Sarah Nix and her heirs with the daughters and son of my beloved son Aaron Howard, May, Sarah and Aaron Clemmons. Except Ten Dollars I give and bequeath to my daughter Dicey Rogers and Ten Dollars I give and bequeath to my grandchildren sons and daughters of Clemmons Howard my property consisting of one tract of land near Union Court House containing one hundred and eighty acres more or less, together with five Negroes Milley, Sinder, Harvey, Bill and Dianna&emdash;and I nominate and appoint William Crenshaw of State and District my Executor to this my will and testament in witness whereof I hereunto set my hand and seal this Ninth day of January 1839.

Mary X (her mark) Howard

Signed and Sealed in presence of

William B. Murphy

Jason Greer

Holly X (her mark) Sparks

The Last Will & Testament of Mary Howard

State of South Carolina)

Union District)

By J.J. Pratt ordy. Of said District personally appeared before me Jason Greer esq. Who being duly sworn on the Holy Evangelist of Almighty God doth make oath and say that he saw Mary Howard sign, seal, publish, pronounce and declare this same to be her last will and testament that she the said Mary Howard was then of sound and disposing mind memory and understanding to the best of this deposents (?) knowledge and belief-and that he the said Jason Greer Esq together with Wm. B. Murphy & Holly Sparks did sign their names thereto as witnesses at the request of the testatrix in her presence and in the presence of each other.

Given under my hand this 31st day of Jan. 1839

J.J.Pratt ordy.

Qualified Wm. Crenshaw exec. To the same

February 7th 1839

Order for Sale

SOUTH CAROLINA)

Union District)

BY J.J. Pratt Esq.Ordinary for the District aforesaid

Whereas Wm.T.Crenshaw Exec. Of the Goods and Chattels of Mary Howard, deceased, hath petitioned the Court for liberty to sell the personal property of said estate; and it appearing proper, upon due investigation, to grant the prayer of the said petition:

These are therefore to permit and empower the said Wm.T.Crenshaw Executor, to expose to sale at public out-cry, the property of said estate, which may have come into his hands to the highest bidder on a credit of twelve months for all sums above two dollars, taking bond with sufficient security; for two dollars and all sums under, cash on delivery, fifteen days previous notice to be given, by public advertisement, and a return of the proceedings of said sale to be by him made to the Ordinary's Office aforesaid, within the time prescribed by law.

Given under my hand and seal, this seventh day of February Anno Domini one thousand eight hundred and thirty nine and of the American Independence the sixty third.

J.J. Pratt (seal)

O.U.D.

Warrant of Appraisement

SOUTH CAROLINA,)

Union District)

By, J.J. Pratt Ordinary of said district.

These are to authorize and empower you or any three or four of you, whose names are here under-written, to repair to all such parts and places within this State, as you shall be directed by Wm. T. Crenshaw Exec. Of the Goods and Chattels, Rights and Credits of Mary Howard late of the said district, deceased, wheresoever any of the Goods and Chattels are, or do-remain within the said parts and places, and which shall be shewn unto you by the said Wm. T. Crenshaw. And there view and appraise all and every the said Goods, and Chattels, being first duly sworn on the Holy Evangelists of Almighty God, to make a true and perfect inventory and appraisement thereof, and to cause the same to be returned under your hands, or any three or four of you unto the said Wm. T. Crenshaw on or before the seventh day of April next.

Witness J.J. Pratt Esquire, Ordinary of the said district. The seventh day of February in the year of our Lord, one thousand eight hundred and thirty nine and in the sixty third year of American Independence.

To Messrs. Wm. Gregory, J.C. Kitchens, Jason Greer & Wm. B. Murphy

Memorandum That on the twenty third day of February in the year of our Lord one thousand eight hundred and thirty nine personally appeared before me, J. Greer, one of the Justices assigned to keep the peace in the District aforesaid Wm. Gregory, J.C. Kitchens, Jason Greer and Wm. B. Murphy being four of the appraisers appointed to appraise the Goods and Chattels of Mary Howard late of the said district, deceased who, being duly sworn, made oath that they would make a just and true appraisement of all and singular the Goods and Chattels of the said Mary Howard deceased as shall be produced by Wm. Crenshaw Executor of the estate of the said deceased and that they would return the same under their hands unto the said Wm. Crenshaw on or before the Seventh day of April next. Wm. Gregory

Sworn the day and year above)

Written before me)

Jason Greer JP

Appraisal Bill of the property of Mary Howard deceased. February 23, 1839

One Negro Women Cinder & child Dianna $950.00

One Bay Filly 11.00

One Rone Horse 50.00

One jug, fire dogs, 2 pots, skillet, bed, and chairs 5.00

One bureau 6.00

One table 2.50

One pine cupboard 10.00

Half doz. Stool chairs 10.00

One Spinning Wheel .50

One bed and furniture 12.00

One Side Saddle 8.00

1 can noggin(?) & coffee mill .75

1 Negro Woman Milly 300.00

The Sale Bill for the above inventory is barely legible. It is dated June 29, 1840. Most of the goods were purchased by Clara Little, Sarah Nix, J. Kitchens, and W.B. Murphy. The total amount of the sale appears to be $1,533.62 1/2., and is certified by Wm. Crenshaw.

Inventory of debts due the Estate of Mary Howard deceased, so far as have come into my hands. Two proven accounts against the Estate of Clemons Howard deceased one amounting to $136.00. One for property in Clemons Howard possession, no amount verified. I consider both as doubtful.

June 29, 1840 William Crenshaw Executor

Calculation and settlement of the Estate of Mrs. Mary Howard deceased present Wm. Crenshaw exec. And Mrs. Clara Little-

To Amount of Sale Bill due 25th Feb 1840= $1533.62 _

Rent of the land for the year 1839}

The rent of land belongs to A. Howard Estate}

Deduct amount of claims rendered against the

Estate for return filed this day------------------} $142.92

$1390.70

Deduct (illegible) on 1533.62}

Receiving and paying amt. (illegible) 76.68

Deduct ordinary's fees in all 13.00

89.68

$1301.02

Deduct for shares Legatees to Mrs.}

Rogers and the children of Clem.Howard } 20.00

Deduct for William Bailey for coffin 6.00

Supposed $1275.02

Bal. For Mrs. Clara Little, Mrs. Sally Nix} $425.00

& the children of Jason Howard deceased}

One third part for each Legatee &endash;being three

In number, the children of Jason Howard taking their share

Being one third Four hundred and twenty five dollars as above

Stated &endash;due 25th February 1840

Sept. 11th 1840

J.J. Pratt

-Ordy-

An Inventory of claims against the Estate of Mrs. Mary Howard deceased as rendered unto Wm. Crenshaw for payment

Sept. 11, 1840

Dr. C Young & Davis medical Bill 24.75

Dr. J. H. Dugan " " 10.50

Wm. T. Crenshaw " " 18.50

George Rogers & John Rogers acct. 9.50

Marshall Barnett acct. 50.00

E.J. Adickes(?) the note from 1 Jany 1838 18.27

Int. 2 yr. 8 mo. 3.00

J.J. Pratt note and interest from 1 Jany 1838 5.25

.75

J.J. Pratt Book acct. 2.00

E.E. $142.92

Besides there is a claim rendered by H.H. Holcomb exec. Of the Estate of C. Howard deceased, which is objected to by the legatees of Mrs. Mary Howard &endash; not taken into the settlement of her Estate but is left for further investigation.

In the court of ordinary Sept. 11th 1840

Personally appeared Wm. Crenshaw exec. And made oath that the above account of claims against Mrs. Mary Howard is just and true.

J.J. Pratt

Ordinary