South Carolina Magazine of Ancestral Research, Vol. 16 Columbia, S.C.: SCMAR, 1988. Holcomb, Brent H., ed. Description: Founded in 1973, the South Carolina Magazine of Ancestral Research is designed to aid the researcher of southern ancestors. Articles contain information on a wide range of topics from royal grants to tax records to obituary notices in local newspapers. This database contains volume eight of the serial. Specific inquiries regarding particular articles and further information can be directed to Brent H. Holcomb, ed., P.O. Box 21766, Columbia, S.C., 29221. Some articles of interest in this volume are: Fairfield County Deed Book A - 1785-1794, Some Notes on Publishing a Family History, Marriage, Death, and Estate Notices from the Lancaster Ledger, Marriage and Death Notices from the Sumter Banner, Lists of Inhabitants of St. John's Berkeley Parish 1762-1764, and Some Union District Marriage Agreements. Source: http://www.ancestry.com/ancestry/search.asp http://ancestry.com/ancestry/search/3675.htm Selected Extracts For DUBOSE: __________________________________ Volume XVI Winter 1988 Number 1, pp. 43-44 ABBEVILLE COUNTY, S.C., COURT OF EQUITY BOX 5 PACKAGE 120B James W. Prather, Planter for $3,525 to Ezekiel P. Noble… 359 acres, 1 rod, 30 perches, excepting 1/2 acres around the grave yard near the Augusta Road, adjoining Williamson Norwood, Josuha Dubose, James E. Calhoun and R. E. Belcher… 12 Jan. 1842. [singed] J. W. Prather. Wit: W. P. Noble, Leonard Dowdey. Dower renouced by Sarah wife of James W. Prather. Proved 20 Oct. 1846 by W. P. Noble before Thomas H— Magistrate. Recorded 12 Oct. 1846 in Bk. No. 16, page 900. E. P. Noble for $2,400 to Robert E. Belcher… 358 acres, 1 rod, 30 perches, adjoining Williamson Norwood, Joshua Dubose, James E. Calhoun and R. E. Belcher, conveyed from Jas. W. Prather to E. P. Noble 12 Jan. 1842… 3 Sept. 1842. [signed] E. P. Noble. Wit: J. E. Lyon. S.W. Lyon. Dower renounced by Sarah M. wife of E. P. Noble. __________________________________ Volume XVI Summer 1988 Number 3 , p. 151 Proved the Last Will and Testatment of a Frenchmand late of this district deceased by the name of Claude Simong (alias Simmons or Simont) proved the same by the oaths of John Dubose, George Patterson and Paul H. Perrautz the three subscribing witnesses thereto - at the same time qualified Paul H. Perrautz and Grisham Chapman the Executors therein named. __________________________________ Volume XVI Winter 1988 Number 1 , p. 12 WILLIAM THOMAS' ESTATE IN MARYLAND, NC AND SC The following case is found in the Report Book of the Cheraw Equity District, pages 118-125, this book being in the Darlington County Historical Commission, 104 Hewitt Street, Darlington, SC. Our thanks to Mr. Horace Fraser Rudisill of that commission for copies from the original book, and to subscriber John L. Andrews Jr. of Hartsville, SC, for supplying the reference. John Campbell & wife vs. The Executors of A. H. Thomas & others. It having been refered to the Commissioner to investigate the nature of the Compromise effected between the Complainants & the Executor of A. H. Thomas & to report whether the same be for the benefit of the infant parties interested in said Estate. The Commissioner submits the following Report: It appears that Wm Thomas having executed his will in the manner stated in the bill died in Autumn of 1820 having survived his only child Wm L. Thomas and leaving with the exception of some few Legacies all his large estate to his Grand children Wm B Thomas & Alexander H. Thomas in fee subject to the controul and management of his Executors for a limited time. The Estate of Wm Thomas consisted of valuable plantations situated in North Carolina, South Carolina and in the state of Maryland the value of which plantations has been estimated and agreed upon by the parties about two hundred & fifty slaves all of whom have been appraised of about one hundred & twenty thousand dollars in debts due at the time of the death of Wm Thomas including ready money which fell into the hands of his Executors & of the interest which has accumulated since the death of Wm Thomas & the proceeds arising from the sales of the crops and the Commissioner further reports that two only of the executors who were nominated in the will namely Benjamin Chairs & Pleasant H. May quallfied & undertook the management of the trust in South Carolina & North Carolina and that George W. Thomas was the only Executor who acted in the State of Maryland as is stated in the Bill. It appears that George W. Thomas has setled his accounts as Executor in the State of Maryland. It also appears that Pleasant H. May & Benjamin Cheairs have surrendered their trusts and declined acting as Executors and that all the real Estate & the slaves are in the possession of the representatives of A. H. & W. B. Thomas and the greater part of the Bonds a debts due the Estate also the proceeds of the crops of the Estate have been accounted for & settled by Pleasant H. May & Benjamin Cheairs with the representatives of A. H. Thomas & Wm. B. Thomas and the Commissioner further reports that Wm B. Thomas died intestate leaving the complainant Jane Campbell his widow & his brother A. H. Thomas his heirs at law and that his widow since the commencement of this suit has intermarried with John Campbell who has been made a party complainant with her by order of this Court. And the Commissioner further reports that Alexander H. Thomas died in the year of our Lord 1826 having executed his last will & testament in which Laurance Prince, Isaiah DuBose & Wm Law were nominated Executors who have qualified as such: & that by the said will after certain Legacies the rest & residue of his Estate was bequeathed by the said Alexander H. Thomas to the defendants the children of Laureance Prince & Isaiah DuBose as stated in the Bill and the Commissioner further reports that Laurance Prince & Isaiah Dubose the Executors of A. H. Thomas & Jane Campbell have received respectively from Pleasant H. May a large amount in Bonds and debts due the Estate of Wm Thomas amounting to aobut Eighty thousand dollars for which they respectively gave their receipts but which bonds & debts were afterwards thrown into common stock as a general fund of the Estate: and that said Prince & DuBose received about Eight thousand dollars from George W. Thomas & about forty thousand dollars from Benjamin Cheairs in Bonds & notes being the proceeds of the Crops about one half of wich sum delivered by Cheairs consisted of Bonds & receipts of A. H. Thomas & Wm. B. Thomas given for funds they had received of the Estate. And the Commissioner further reports that the complainants & the Executors of A. H. Thomas encountered great embaressment and difficulty in arriving at a correct & Equitable adjustment and settlement of the estate of Wm B. Thomas arising from the uncertainty as to the amount and security of the ballance yet due from Pleasant H. May executor of Wm. Thomas also in consequence of the property of the Estate of Wm. L. Thomas and of the property of each other by purchase & sale by the said Wm. B. & A. H. Thomas in the Lifetime of said Wm. B. Thomas and by the purchase of some of the property of Wm. L. Thomas by Alexander H. Thomas at Sheriffs Sale. It was also found impracticable to arrive at any certainty with regard to the situation of the Estate of Wm. L. Thomas the father & Clarissa Thomas the mother of said Alexander H. & Wm. B. Thomas so much so that after many ineffectual attempts to settle the Estate of Wm. B. Thomas upon mathematical principles a compromise between the parties was proposed and effected upon the basis contained in a contract entered into in the following words to wit. It having been refered to the Commissioner to investigate the nature of the Compromise effected between the Complainants & the Executor of A. H. Thomas & to report whether the same be for the benefit of the infant parties interested in said Estate. The Commissioner submits the following Report: It appears that Wm Thomas having executed his will in the manner stated in the bill died in Autumn of 1820 having survived his only child Wm L. Thomas and leaving with the exception of some few Legacies all his large estate to his Grand children Wm B Thomas & Alexander H. Thomas in fee subject to the controul and management of his Executors for a limited time. The Estate of Wm Thomas consisted of valuable plantations situated in North Carolina, South Carolina and in the state of Maryland the value of which plantations has been estimated and agreed upon by the parties about two hundred & fifty slaves all of whom have been appraised of about one hundred & twenty thousand dollars in debts due at the time of the death of Wm Thomas including ready money which fell into the hands of his Executors & of the interest which has accumulated since the death of Wm Thomas & the proceeds arising from the sales of the crops and the Commissioner further reports that two only of the executors who were nominated in the will namely Benjamin Chairs & Pleasant H. May quallfied & undertook the management of the trust in South Carolina & North Carolina and that George W. Thomas was the only Executor who acted in the State of Maryland as is stated in the Bill. It appears that George W. Thomas has setled his accounts as Executor in the State of Maryland. It also appears that Pleasant H. May & Benjamin Cheairs have surrendered their trusts and declined acting as Executors and that all the real Estate & the slaves are in the possession of the representatives of A. H. & W. B. Thomas and the greater part of the Bonds a debts due the Estate also the proceeds of the crops of the Estate have been accounted for & settled by Pleasant H. May & Benjamin Cheairs with the representatives of A. H. Thomas & Wm. B. Thomas and the Commissioner further reports that Wm B. Thomas died intestate leaving the complainant Jane Campbell his widow & his brother A. H. Thomas his heirs at law and that his widow since the commencement of this suit has intermarried with John Campbell who has been made a party complainant with her by order of this Court. And the Commissioner further reports that Alexander H. Thomas died in the year of our Lord 1826 having executed his last will & testament in which Laurance Prince, Isaiah DuBose & Wm Law were nominated Executors who have qualified as such: & that by the said will after certain Legacies the rest & residue of his Estate was bequeathed by the said Alexander H. Thomas to the defendants the children of Laureance Prince & Isaiah DuBose as stated in the Bill and the Commissioner further reports that Laurance Prince & Isaiah Dubose the Executors of A. H. Thomas & Jane Campbell have received respectively from Pleasant H. May a large amount in Bonds and debts due the Estate of Wm Thomas amounting to aobut Eighty thousand dollars for which they respectively gave their receipts but which bonds & debts were afterwards thrown into common stock as a general fund of the Estate: and that said Prince & DuBose received about Eight thousand dollars from George W. Thomas & about forty thousand dollars from Benjamin Cheairs in Bonds & notes being the proceeds of the Crops about one half of wich sum delivered by Cheairs consisted of Bonds & receipts of A. H. Thomas & Wm. B. Thomas given for funds they had received of the Estate. And the Commissioner further reports that the complainants & the Executors of A. H. Thomas encountered great embaressment and difficulty in arriving at a correct & Equitable adjustment and settlement of the estate of Wm B. Thomas arising from the uncertainty as to the amount and security of the ballance yet due from Pleasant H. May executor of Wm. Thomas also in consequence of the property of the Estate of Wm. L. Thomas and of the property of each other by purchase & sale by the said Wm. B. & A. H. Thomas in the Lifetime of said Wm. B. Thomas and by the purchase of some of the property of Wm. L. Thomas by Alexander H. Thomas at Sheriffs Sale. It was also found impracticable to arrive at any certainty with regard to the situation of the Estate of Wm. L. Thomas the father & Clarissa Thomas the mother of said Alexander H. & Wm. B. Thomas so much so that after many ineffectual attempts to settle the Estate of Wm. B. Thomas upon mathematical principles a compromise between the parties was proposed and effected upon the basis contained in a contract entered into in the following words to wit. State of South Carolina, Chesterfield District. Whereas Col. John Campbell has offered terms upon which he is disposed to settle his claim and interest in the estate of Wm. B. Thomas, Wm. Thomas & Wm. L. Thomas: and whereas the Executors of Alexander H. Thomas upon considering the same terms are satisfied that it is for the interest of the legatees and others interested in the estate of Alexander H. Thomas to settle with said Campbell upon the terms he has offered: it is therefore agreed that the said John Campbell shall receive the following property in lieu and satisfaction of all the interest he & his wife have in the said estate of Wm. B. Thomas, Wm. Thomas and Wm. L. Thomas. 1st the Executor of said Alexander H. Thomas shall pay to said Campbell the sum of six thousand dollars in three years from this date in three equal anual instalments of two thousand dollars each with the interest from the date hereof the first instalment due & payable 1 Jan 1831. 2d, The said John Campbell shall receive an ensignment or transfer of a bond due the estate of Wm Thomas by Erasmus Powe & James R. Ervin upon which bond there is supposed to be now due from twenty five hundred & fifty to three thousand dollars. The said Campbell is to receive an assignment or transfer of the Judgement due the estate of Wm Thomas against G. B. Whitfield, Vinig, Wilson & Carloss, which was some time since receovered in Marlborough District. 3d, The said Campbell shall receive one fourth part of all the negroes and slaves of the estate of Wm Thomas, Wm. L. Thomas & Wm. B. Thomas and Alexander H. Thomas both in North Carolina, South Carolina & Maryland. 4. The said John Campbell shall receive one fourth part of all stock Horses, Mules, Hogs, Sheep, plantation tools, utensils, furniture &c belonging to the estates of Wm Thomas, Wm. L. Thomas, Wm. B. Thomas & Alexander H. Thomas. 5. The said John Campbell shall receive the legal interest of his wife in the real estates of Wm. B. Thomas exclusive of the real property in the town of Cheraw, and the real estate in Maryland which shall be computed & ascertanied as though the said Wm. B. Thomas had not been advanced in his life time & had died unincumbered with debt. 6. The said John Campbell shall receive provision over & above what has been allotted to him sufficient for the support of plantation with about sixty negroes for one year. The said John Campbell is not to be interest in the stock or farming utensils in Maryland. The said John Campbell and wife shall be discharged released & set free from all reponsibiltiy and accountability for the debts, receipts, advancements or liabilities of Wm. B. Thomas or Wm. L. Thomas and also for the funds of the estate which Mrs. Campbell or the said John Campbell have heretofore received. The said John Campbell and wife to be released from the contract entered into by Mrs. Campbell & the Executors of A. H. Thomas in the one part & Peter May on the other part for the purchase of Pleasant H. Mays plantation and negroes & the said Campbell to have no interest in said contract. And the said Campbell and wife are to be released acquitted & discharged from all contracts, liabilities and responsibilites made or incurred in refered to the Estates of Wm. Thomas, Wm. L. Thomas, Wm. B. Thomas & A. H. Thomas. The said Campbell reeleases, discharges, and sets free the executor and legatees of A. H. Thomas (on the performance of the above stiuplations) from all the Interest & Claim of his wife upon the Estate of William Thomas, W. L. Thomas and W. B. Thomas, both real and personal in North Carolina, South Carolina and the estate of Maryland. The intentions of this compromise being that the said Campbell shall receive the property before mentioned and the interest of Mrs. Campbell in the real Estate of W. B. Thomas in North Carolina and South Carolina (except the Cheraw Real Estate) in full satisfaction of the interest of his wife in the Estates of William, W.L. and William B. Thomas and that the said Campbell and wife and their representatives that severally be discharged and released from all accountability for receipts, the said John Campbell or W. B. Thomas from or to the said Estate or any other person. The debt of Powe and Ervin and the judgment vs Whitfield and others said Campbell is to receive on his own account and if there or any part of these debts should never be collected it is at the risk of said Campbell and if any thing is now collected in the hands of attorneys or agents in these same debts the same belongs to said Campbell. And the commissioner further reports that the foregoing compromise was signed by Isaiah DuBose, Laurence Prince, John Campbell and Elizabeth Prince and that afterward all the land of the Estate of William Thomas in South Carolina and North Carolina were surveyed and appraised and all the slaves of the Estates of W. B. Thomas & W. Thomas and W. L. Thomas were appraised by the commissioner appointed for that purpose and the said Jane Campbell being entitled in North Carolina to her dower in all the lands of said W. B. Thomas and in South Carolina one fourth part thereof in fee simple the following settlement and division was effected predicated upon the foregoing compromise in the words following that is to say “The slaves and the land of the Estate of William Thomas having been surveyed and appraised by gentlemen selected by the undersigned for that purpose, It is agreed that John Campbell shall received the following named slaves for the interest he has in that description of property of the estate [62 slaves named] “It is agreed that John Campbell shall receive the Dejarnett plantation in fee in full satisfaction of the interest of his wife in the real Estate in North and South Carolina, he paying the sum of five thousand dollars. The said Campbell shall receive all the horses, mules, stock of every description plantation tools and utensils and all the provision, oats, corn, fodder &c which are upon the Dejarnett plantation and the said John Campbell shall also receive the sum of five hundred and forty one dollars in lieu and satisfaction for his interest in all the other horses, mules, stock, provision, corn, grain, fodder, plantation tools, waggons &c belonging to the estate of Thomas.” Which said adjustment and agreement was signed by Isaiah Dubose, Lawrence Prince, John Campbell and Elizabeth Prince and the commissioner further reports that upon consideration of the whole subject matter and after investigation of the samd he belleves the setttlement and division agreed upon as above to be equal & just as can be ascertain and effection and her therefore recommends that the same be confirmed and that a division be made accordingly. All of which is respectfully submitted, Geo. W. Dargan, 15 Feb 1830. As administrator of W. B. Thomas, I assent to the compromise above stated. Signed Josiah J. Evans. As one of the Executors of William Thomas, I assent to the above compromise. Signed Benja Cheairs On reading & Considering this report and the facts connected with it, It is ordered that the same be confirmed and made the judgment of this Court. Signed Henry W. Desaussure. N.B. A typescript of the will of William Thomas Sr. is found in Marlboro County Probate Records, Apartment 16, package 2, (SC Archives microfilm Roll C1617). In this will, the testator is more specific about the locations of his holdings, stating that they are in Richmond and Anson counties, North Carolina, and Queen Anne County, Chester River, Maryland. __________________________________