Sumter County, S.C. Equity Roll, filed 6 August 1819


THE STATE OF SOUTH CAROLINA)
SUMTER DISTRICT                            )      IN EQUITY

TO THE HONORABLE JUDGES OF THE COURT OF EQUITY OF THE SAID STATE.

     Humbly complaining shew unto your Honors, your orator Edward Windom, Executor of the last Will and Testament of Peter Haley, deceased, and James F. Ridgeway and Mary his wife, late time in the year of our Lord one thousand eight hundred and ---- the said Peter Haley died. Seized and possessed in his own right of a considerable real and personal estate, consisting of tow tracts of land containing together two hundred and fifty-five acres or upwards, and two negroes and a considerable stock of  horses, cattle, hogs, & so forth-plantation utensils, household and kitchen furniture, and left a widow, to wit, Mary Haley, and three children, to wit, Esther, Mary, and Peter Timothy Ridgway Haley, all minors. That sometime previous to his death he made and executed his last Will and Testament, Exhibit A. in which he bequeatedthe use of all his real and personal estate aforesaid to his wife during her life, or while she remained sole and unmarried, for the maintenance of herself and children; and that upon either event, whichever might first happen, he gave and devised all his real and personal estate aforesaid to this three aforesaid, share and share alike; each to receive their respective share or portion as they should become of age or be married. And further, that in the event of either of his children dying without lawful issue, his, her or their portion or portions to descend to his surviving child or children, and that in the event of the death of all of his children their respective portions to descend to the children of one of your orators, Edward Windom, share and share alike. That in his last Will and Testament aforesaid he appointed his wife mary Haley and one of your orators executrix and executor to the same and guardians to his children. And your orators and oratrix further shew unto your Honors that the said Mary Haley, widow of the said Peter Haley, deceased, has since intermarried with Jame Acock, and has thereby forfieted all her interest in the said estate under the said Will; and that one of the children aforesaid, to wit, Esther Haley, died before the death of the siad peter Haley, but after the execution of the Will, leaving the whole estate real and personal to be equally divided between your oratrix Mary Haley who has since intermarried with one of your orators James. F. Ridgway, and Peter Timothy Ridgway Haley. And your orators and ortrix further shew unto your Honors that shortly afte the death of the said Peter Haley, his widow Mary Haley proved teh Will in teh Court of Ordinary of the district, and took upon herself the duties of an executrix under the said Will, and with the said James Acock aforesaid, has had the entire management of the said estate, until very lateley when one of your orators qualified as executor of the said Will. And your oratorsd & oratrix further shew unto your Honors that the said James Acock since his intermarriage with the said mary Hel yhas committed frequent and repeated acts of wstre and destruction off the personal property of the siad estate, having sold four horses, several head of cattle and other property at different times to the amount of between four and five hundred dollars or more, without any legal authority to do so that within a few weeks past he has carried off upwards of twenty head of cattle belonging to the said estate, in addition to the cattle hs has disposed of at different times before, and first lodged them in possession of one Gideon Scurry where one of them was killed; and the said James Acock with Gideon Scurry has since drive to the Court House of this district and disposed of the said cattle at private sale to different individuals living near about the same, to wit, to Isaac Norton, Warren Macon, John Hudnal, Thomas Pringle, James Caldwell, and Jeremiah Forehands. That the said James Acock threatens and swears that he will take off one of the negro boys and two mares and a filly belonging to the said estate, and your orators do veryly believe that he will avail himself of the first favorable opportunity to put his threats into execution; and that the presonal property generally of the said estate is in great danger of being further wasted, sold, destroyed, or carried off by the said James Acock. And your orators and oratrix futher shew unto your Honors that they have applied and called upon the said James Acock to come to an account and settlement with your orators & oratrix for the property belonging to the said esate which he has wasted, sold and converted to his own use, and to pay all which reasonable requests the said James Acock hath hiterto refused & still doth refuse, sometimes pretending that the cattle or part thereof he purchased at the sale of part of the personal property of the said estate in pursuance of the authority of the Ordinary of the District, when in fact, if such authority was given it was without any legal authority to do so, there being no debts due by the deceased, and no authority given by the said Will to sell any part thereof and further that the said James Acock hath not accounted for one cent of the purchase money of any property he may have bid off at the said pretended sale; at other times pretending to have been claims against the estate for board and education of the children of the said Peter Haley, dec'd, when in fact he has advanced nothing for their benefit but what has been derived from the property of the estate.

     ALL which acting and doings of the said James Acock are contrary to justice and equity and tend to the great injury of your orators.

     In tender consideraton whereof, and forasmuch as your orators & oratrix are remediless at common law, and relievable in this Honorable Court alone.

     To the end therefore tha the said James Acock & wife may be required to make true, full, adn perfect answer, on oath, to all the various allegations contained in this Bill, and that he may be restrained and enjoined under a sufficient penalty from committing any waste or destruction whateverto the personal property of the said estae , so that the rightful heirs may receive their full interest in the same, and all above mentioned pretended sales set aside. And further that the said James Acock and Mary his wife, who has acted as executrix since the death of the sai Peter Hale may be compelled to account with your orators & oratrix for all the actings and doing of the said Mary as executrix since the death of the said Peter Haley and pay over to your orators, oratrix whatever may be due in behalf of the said estate and deliver into the possessions of your orator Edward Windom all the property belonging to the said estate which may be in his possession. And that your orator and oratrix James F. Ridgway and wife may receive their share or portion of the real and personal property of the said estate.

     May it please you Honors to grant unto your orators & oratrix a writ of injunction to restrain the said James Acock from acts of waste of the property of the said estate and also a Writ of ne exeat, and a Writ of subpoena to be directed to the said James Acock & wife & Peter T.R. Haley requiring them to be and appear at the Court of Equity at Sumter Court House & answer to the premises, and shew certain Commissioners therein named to lay off and award to James F. Ridgway & wife their portion of the real and personal property of the said estate, and abide by and perform such Decree therein as your Honors shall see proper to make, and your orators  & oratrix will pray & so forth.

                                                   Dyson

                                                          Comp. Sol.