John Martin

1785-1861

JOHN (3) MARTIN (MARTIN, SHADRACK) was the second son of Martin and Dicy Hicks MARTIN and was born in Rutherford County, NC in 1785. He served with his brothers Robert and William in the War of 1812 as a volunteer in the 11^th Company, Eighth Regiment, detached from the 3^rd Rutherford County, NC Regiment. In 1813 he moved with his father about fifteen miles south to northern Spartanburg County, South Carolina; in the vicinity of Cowpens Battleground and Thickety Mountain, which are now in Cherokee County, SC [Cherokee County was created in 1897 from parts of Spartanburg and Union Counties]. John apparently was a wealthy farmer; he owned over 900 acres of land described in a Commissioner's Sale held in 1866.' In the 1860 Spartanburg County Census he was enumerated living in the next household to his brother Robert.

MARTIN, Jno.                 75         M        SC        Farmer

LUV, Malinda                   35         F         SC        Servant

LUV, Marion                    16         M         SC       Mulatto

LUV, Tucker                     13         M        SC        Mulatto

LUV, Pinkney                    11         M        SC

LUV, Alexander                 9          M         SC

Malinda probably was John's housekeeper and the boys assisted with the farming operations. 

John never married and died on 4 March 1861. He died without leaving a will and his estate went to Probate Court for distribution. He is buried in the New Pleasant Baptist Cemetery near Cowpens Battle­ground in Cherokee County, South Carolina. His grave is marked with a military headstone representing the War of 1812. John's estate settlement was administered by James L. Scruggs and required ten years to reach final settlement. The following extracts are from his Probate Court File and were transcribed from the original documents. They are included here to provide an insight to life in the middle 1800's in upper Spartanburg County. 

The first document filed in the matter of the estate of John Martin, is a request for a Letter of Administration to be issued by the Court assigning James L. Scruggs as Administrator.

South Carolina               ~                           In the Court

Spartanburg Dist                                          of Ordinary

To the Ordinary of said District -

The honorable petition of Jas. L. Scruggs respectfully sheweth:

That John Martin Serv. late of the District and State aforesaid departed this life intestate a few days ago prosseper of a small personal estate in the District aforesaid -

Your petitioner prays that letter of administration may be granted hereupon the estate of said decd upon the usual terms + conditions.

[signed] J. L. Scruggs

March 6, 1861

The Bond, in the amount of $1,200, a significant amount indicating a large estate; for administration of the estate, was executed on 22 March 1861. This is a preprinted document with fill-in blanks for the names.

The State of South Carolina,

ADMINISTRATION BOND - SPARTAN. SPARTANBURG DISTRICT

Know all Men by these Presents, That we Jas. L. Scruggs - R. M. Scruggs, A. M. Scruggs and Jesse Scruggs are holden and firmly bound unto Jno. Earle Bomar Esquire, Ordinary for the District of Spartanburg, in the full and just sum of Twelve Hundred dollars, lawful money of this State , to be paid to the said Jno. Earle Bomar or his successors, Ordinaries of this District, or their certain attorney or assigns. To which payment well and truly to be made, we bind ourselves, and every one of us, our and every of our Heirs, Executors and Administrators, for the whole, and in the whole, jointly and severally, firmly by these Presents.

Sealed with our seals, and dated the 22nd day of March in the year of our Lord one thousand eight hundred and Sixty one -

NOW THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bound - James L Scruggs -  

Administrator of the goods, chattels and credits of John Martin Serv. deceased, do make a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hands, possession or knowledge of the said James L. Scruggs or into the hands or possession of any other person or persons for him and the same so made do exhibit into the said Court of Ordinary, when he shall be thereunto required, and such goods, chattels and credits, do well and truly administer according to law, and do make a just and true account of his actings and doings therein required by the said Court, and all the rest of the said goods, chattels and credits which shall be found remaining upon the account of the said Administration, the same being first allowed by the said Court, shall deliver and pay unto such persons, respectively, as are entitled to the same by law; and if it shall hereafter appear that any last Will and Testament was made by the said deceased, and the same be proved in Court, and the Executors obtain a certificate of the probate thereof, and the said James L. Scruggs do in such case, if required, render and deliver up the said Letters of Administration, then this obligation to be void, or else to remain in full force.

James L. Scruggs [L.S.] R. M. Scruggs [LS.] A. M. Scruggs [L.S.] Jesse Scruggs

Sealed and delivered, in the presence of J. McKelvey

The Administrator; possibly concerned for loss of John's personal property, on the same day as processing the Bond, filed a request to sell his personal property. This is a handwritten document.

State of South Carolina                                                 In The Court

Spartanburg District                     of Ordinary

The Humble Petition of Jas. L. Scruggs Adm. of John Martin Serv. decd respectfully sheweth:

That this intestate died a short time sinse posseper of a small personal property in the District aforesaid and in a condition liable to great waste. That in order to prevent the waste aforesaid and to pay debts due it is necessary that said property should be sold as early as practicable. That the said John Martin Serv. decd (overwritten, unreadable) following legal heirs and representatives brothers + sisters + children of decd brothers + sisters, to wit., Robert Martin, Richard Martin, William Martin the heirs of Mary Scruggs decd, the heirs of Jeremiah Martin decd, Lewis Martin, the heirs of Jane Turner decd, the heirs of Anna Hambrick decd and the heirs of Willis Martin decd.

Your petitioner prays for an order to sell said personal property upon such terms + conditions as may seem best

And he will ever pray so

March 22, 1861                          Jas. L. Scruggs

A public auction for John's personal property, was held on 5 April 1861. This is a handwritten document. The column of numbers following the sale items represents the value of the item in cents. The rightmost numbers are the sum of that person's purchase in dollars.

Sale Bill of the personal property of John Martin Serv Deceased Sold on the 5`^h day of April 1861 on a credit till the first of January next with int from date

The First Annual Return

The first annual return of James L. Scruggs in the administration of the John Martin's estate:

First Annual Return of J. L. Scruggs Admr. Of John Martin Serv. Dec'd Filed Jany 23r^d 1862. Money Paid out -

1861 May 29"  Paid Elias Lipscomb on note      $42.80

" Nov 29"         " Jackson Pifer                         10.70

" Nov 30           " Hugh Price                            14.35

" Dec 26' " John Oglesby " "                              30.21

1862 Jany 18" " J. P. Barnett " "                          5.62

1862 " 16 " Lee Lindler                                     23.35

1861 Jun 14         " John M. Martin " "               76.37

" Nov 30            " H. M. N. Cantrell act             11.71

"                                                " J. G. Camp mist calbill             8.75

"                                               " R. C. Poole taxes in 1861         4.85

"                          2 Checks $2.00 1 ea $1          2.00

1861 " 28            " Wm Ezell for crying sale           1.00

" April 8           " 3 Appraisers                             3.30

" Jesse Scruggs                         30.00

"                      8 " Jesse Scruggs                                   13.12

"                      5 " W. W. Wright                                    1.50

"                     8 " R. M. Scruggs                                    5.00

$284.63

1862 Jany 23 Paid E. Prince of this return 3.00

18610ct   Paid on 0. Martin note on Estate

of J. Martin ser. decd.            122.33

$409.96

South Carolina

Spartanburg Dist

Personally came before me J. L. Scruggs and made oath that this listing is just + true.

                                Jas. L. Scruggs
 

Sworn to and subscribed          
 before me
Jany 23r 1862

A. Wingo Not Pub

Appearance Order

This is an Appearance Order published in Spartanburg (SC) The Carolina Spartan newspaper on 24 March 1870

THE STATE OF SOUTH CAROLINA
Spartanburg - In Probate Court

Wm. Martin, Jeremiah Martin and O. Martin, Applicants
vs.
Robert Martin, E.M. Martin et al Defendants

it appearing to my satisfaction, that Robert, Benjamin and Beauregard Martin, minor children of Jno., O. Martin, B. J. Martin, E. M. Martin and Robert Martin, minor children of Robert deceased. The grand-children of Richard Martin, deceased, names not known. Mary Goode and Wm. Martin children of Richard Martin, deceased, Walter Turner, James Harris and wife Polly Ann, Lewis Guthrie and wife Mira, the children of John Turner, deceased, names not known. Almarien Brawley and his children Wm. Highley and wife Martha and James Brawley, W. W. Wright, Polly Wright, the heirs of Willis Martin, names not known, and the heirs of Lewis Martin names not known; Defendants resides without this State, it is therefore ordered that they do appear and object to the division or sale of the Real Estate of John Martin, deceased, on or before the third day of May next, or their consent will be entered of record. March 21", 1870

BENJ. WOFFORD, J.P.S.C.

Mar 24
 

The Petition for Final Settlement of the Estate of John Martin was filed in Spartanburg County, South Carolina Probate Court on 28 November 1871 by the Firm of Duncan & Cleveland. Note the number of potential heirs listed therein. This is a handwritten document and is the last document in John Martin's Estate File.'

To His Honor Benjamin Wofford Judge of Probate for Spartanburg County. The Humble Petition of James L. Scruggs and of William Martin, Jeremiah Martin, O. Martin, Wm. Williams and wife Nancy, R.

State of South Carolina County of Spartanburg

Probate Court
 

To his honor Benjamin Wofford Judge of Probate for Spartanburg County. The Humble Petition of James L. Scruggs and of William Maretin, Jeremiah Martn, O. Martin, Wm. Williams and wife Nancy,  R. A. Scruggs and wife Narcissa, Hood jolly and wife Ann, Drucilla Martin, Missiniah Martin, Joseph Price and wife Delphina all of whom except the first three of your Petitioners are children of Robert Martin decd. Edly Martin son of Richard Martin decd. Alfred Harris grandson of William Turner + wife Jane decd. William Moore, Richard Scruggs, Mary Cantrell and husband Alfred, Patilow Farrow + wife children of Jesse Scruggs + wife Polly decd. Frances Lamb + wife Emily grandchild of Jeremiah Martin decd. Andrew Martin + B.B. Martin children of said Jeremiah Martin decd. Julius Jarrett and children James Jarrett + Jesse Jarrett. Doct Turner + wife Hessentine + John Ezell and wife Emily respectfully showeth unto your Honor that this first named is the Administrator of the goods and chattels of John Martin decd. who died on or about the fourth of March 1861, and that all of your Petitioners are a portion of the Heirs at Law of the said Intestate. That this aforesaid James L. Scruggs is now ready to make a final settlement of the estate of the said deceased.

That besides your Petitioners above named there are other Heirs at Law of the above named John Martin decd. who are either minors or reside out of the limits of this State. To wit, Robert Berryman + Beauregard Martin minor children of Martin decd and grandchildren of Robert Martin decd all of whom reside out of this State - B. J. Martin, E. M. Martin both of whom reside out of this State, and Robert Martin a minor all three children of Robert Martin decd. The grandchildren of Richard Martin decd who reside out of this State and whose names are not known to your Petitioners - Mary Good and Wm. Martin children of Richard Martin decd who reside out of this State. Walter Turner son of Wm. Turner + Jane decd. out of this State - ... Moore and his children who are minors, to wit - John, Calvin, Margaret, Julia Avilim, Jane Myra, George, Edward and Wm. Willis Moore all of whom are grandchildren of said Wm + Jane Turner decd. - James Harris + wife Polly Ann, Lewis Guthrie + wife Myra who reside out of this State and are children of said Wm + Jane Turner decd. The children of John Turner decd. who reside out of this State and names unknown. Almarine Brawley and his children Wm. Highley + wife Martha + James Brawley who reside of out of this State - Catherine Martin, Perry, D. P. Martin, Theodosia Martin, Tulula Martin and Jno. B. Martin all minors and children of Jno. Martin Jr. decd. and grandchildren of Jeremiah Martin decd. - James Martin, John Martin, Jerry Martin + Lee Martin minor children of Green H. Martin decd. and grandchildren of said Jeremiah Martin decd - the children of Ann Hambrick; to wit, W. W. + Polly Wright who reside out of this State, other heirs of Willis Martin decd. who reside out of this State and names unknown. Other heirs of Lewis Martin who reside out of this State names unknown. Eliphus + Clementine Jarrett minor children of Julius Jarrett - Wm. A. Turner minor child of Wm. E. Turner son of Jane Turner decd. who was sister of the aforesaid John Martin decd.

Wherefore your Petitioners pray that your Honor will grant a day for the final settlement of this estate aforesaid and that each of his heirs at Law who are not Petitioners in this proceeding may be ordered to appear and make parties to this proceeding and that your Honor will grant each other as may to your Honor seem fit and proper.

And your Petitioners will ever truly be.

Duncan + Cleveland Pro. Pets.