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Martin Martin
Probate Record
Generously contributed by James D. Martin |
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Martin Martin
Spartanburg
County SC Probate Court
File 273
as
Reproduced from Microfilm in
SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY
Columbia SC
and
Transcribed
by
JAMES D. MARTIN
2
February 2002
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CONTENTS
1.
Petition to Sale Martin Martin's Real Estate - September 1871
2.
Appearance Order for Heirs
Living Out-of-State - 16 September 1871
3.
Appearance Order for Heirs
in Spartanburg County - 20 September 1871
4.
Order for Sale of Martin
Martin's Real Estate - 11 November 1871
with annotation of sale to C. P. Turner on 4 December 1871
5.
Deed of Conveyance - 18
January 1872
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PETITION
TO
SALE MARTIN MARTIN'S REAL ESTATE -
SEPTEMBER
1871
Front of Folded
File
Spartanburg
Probate Court
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William Martin
Jeremiah Martin
O. Martin
et al
B.J. Martin
E.M. Martin
et al |
Petition
for
Rule of Time
for
Distribution
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Duncan & Cleveland
Pro Pets |
| Recorded page 107 |
Transcribed by
James D.
Martin
2 February 2002 |
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PETITION
TO
SALE MARTIN MARTIN'S REAL ESTATE - SEPTEMBER 1871
The State of
South Carolina ~ Probate Court
Spartanburg County
To His Honor
Benjamin Wofford Judge of Probate
The Petition
of William Martin, Jeremiah Martin, O[thello, son of Robert, dec.]
Martin, William Williams + wife Nancy, R. A. Scruggs + wife Narcissa,
Hood jolly + wife Ann, Drucilla Martin, Misseniah Martin, Joseph
Price + wife Delphia, Edly [probably should be Audley] Martin son of
Richard Martin decd Alfred Harris grandson of Wm Turner + wife Jane
decd, William Moore, James Scruggs, Richard Scruggs, Mary Cantrell +
husband Alfred and Patillo Farrow + wife children of Jesse Scruggs +
wife Polly decd, Francis Lamb + wife Emily grandchild of Jeremiah
Martin decd, Andrew Martin + B. B. Martin children of said Jeremiah
Martin decd, Julius Jarrett + children James Jarrett + Jess Jarrett,
Dock Turner + wife Hessantine + John Ezell + wife Emily respectfully
present unto your Honor That they are a portion of the Heirs of
Martin Martin decd, on or about the day of . That the said
Martin Martin died seized and possessed of an undivided interest
ammounting to Seven eighteenths (7/18) of the whole of a certain
tract of land, to wit, situated in Spartanburg County in the State
aforesaid on head waters of Thickety Creek bounded by lands of Jonas
Harris, Calvin Phillips, So Car Maf Co + others containing One
Hundred and Twenty acres more or less, in all the interest of Martin
Martin being Forty Six and two thirds acres. That your Petitioners
an all are over the age of 21 years, and inside this State, That
there are other Heirs of the said Martin Martin decd who are either
living out of the State or are minors under the age of 21 years of
age. To wit, Robert, Berryman + Beauregard Martin minor children of
Robt Martin decd all of whom reside out of the State and Robert
Martin a minor. The Grandchildren of Richard Martin decd + who
resides out of the State, and whose names are unknown to your
Petitioners. Mary Goode + William Martin children of Richard Martin
decd who reside out of this State. Walter Turner who lives out of
the State. William Moore and his children who are minors, to wit,
John, Calvin, Margaret, Julia, Evaline, Jane, Myra, George, Edward
and Wm Willis Moore, all of whom are grand children of said Wm and
Jane Turner, decd, James Harris + wife Polly Ann, Lewis Guthrie +
wife Myra, who reside out of this State. The children of John
Turner, decd, who reside out of this State and names unknown to your
Petitioners. Almarine Brawley + his children, Wm Highly + wife
Martha + James Brawley, who reside out of this State Catherine
Martin, Perry D. P. Martin, Theodosia Martin, Tulula Martin, John B.
Martin all minor children of Jno. Martin, Jr, decd, James Martin,
Jno Martin, Jerry Martin + Lee Martin minor children of Green
Martin, decd, The children of Ann Hamrick, to wit, W. W. and Polly
Wright who reside out of this State. The Heirs of Willis Martin who
reside out of this State and names unknown to your Petitioners. The
Heirs of Lewis Martin who reside out of this State and names
unknown. Eliphus and Clementine Jarrett minor children of Julia
Jarrett. Wm Altne Turner minor child of Wm Turner, and your
Petitioners pray that your Honor will grant an order for the sale of
the land aforesaid for distribution among the Heirs aforesaid, and
it is wholly impracticable to divide this land among the parties in
interest. And further that your Honor will grant a order to be
published making the parties absent from and without the State party
to these proceedings and such other orders as prayed for us to your
Honor may seem fit and proper. And your Petitioners will ever pray
and be.
Duncan &
Cleveland Prof Pets
Transcribed by
James D.
Martin
2 February 2002 |
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PETITION TO SALE OF MARTIN MARTIN'S REAL ESTATE - SEPTEMBER 1871
Back of Folded
File
A Rule having been posted as to
absent parties and they failing to appear and object to the prayer
of the Petitioner, their consent is entered of Record.
Nov 2"d 1871
Benj. Wofford J.P.C.
Recorded Page
107
Transcribed by
James D.
Martin
2 February 2002
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APPEARANCE
ORDER FOR HEIRS LIVING OUT-OF-STATE
16 SEPTEMBER 1871
The State of
South Carolina Spartanburg in Probate Court
William
Martin, Jeremiah Martin and O. Martin
Applicants
vs.
Bruce J. Martin, E. M. Martin and others
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. Almarine 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 reside
without this State it is therefore ordered that they do appear and
object to the division or sale of the real estate of Martin Martin,
deceased, on or before the second day of November next, or their
consent will be entered of record.
Given under
my hand and Seal of office, September 16, AD, 1871.
BENJ. WOFFORD,
J.P.C.
Sep
21
31
6w
This is a typeset
printed document and was probably published in the
Carolina Spartan
[Spartanburg SC] on 21 September 1871.
Transcribed by
James D.
Martin
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APPEARANCE
ORDER FOR HEIRS LIVING IN SPARTANBURG COUNTY
20 SEPTEMBER 1871
Front of Folded
File
In Probate Court
Spartanburg
William Martin
Jeremiah Martin
O. Martin
et al
B.J. Martin
E.M. Martin
et al |
Rule to
Show
Cause |
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Sheriffs Costs, Entry
0.50
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Original |
| Recorded page 107 |
Transcribed by
James D.
Martin
2 February 2002 |
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APPEARANCE ORDER FOR HEIRS LIVING IN SPARTANBURG COUNTY
20 SEPTEMBER 1871
The State of
South Carolina In
Probate Court Spartanburg County
To John
Moore, Calvin Moore, Margaret Moore, Julia Moore, Aveline Moore,
Jane Moore, Myra Moore, George Moore, Ed Moore, William Willia
Moore, Jas Harris + wife Polly, Catherine Martin, Perry D. P.
Martin, Theodosia Martin, Tulula Martin, Jno. B. Martin, James
Martin, Jno. Martin, Jerry Martin, Lee Martin, Eliphus Jarritt,
Clementine Jarrett, Altne Turner, Legal heirs and representatives of
Martin Martin who died intestate
Greeting
you and each
of you are hereby required to appear at a Court of Probate to be
holden at Spartanburg Court House, for Spartanburg County on the
2nd Day of Nov. A.D. 1871 to show cause if any you can
why the Real Estate of Martin Martin decd, Situated in said County
bounded by lands of Janus Harris, Calvin Phillips, So Car
Manufacturing Co + others, containing one Hundred + Twenty acres
more or less, Should not be divided or Sold.
Given under
my hand + Seal of office. Sept 20`h 1871
Benj. Wofford
J.P.C.
This is a
handwritten document with very good handwriting.
Transcribed by James
D.
Martin
2 February 2002
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APPEARANCE
ORDER FOR HEIRS LIVING IN SPARTANBURG COUNTY
20 SEPTEMBER 1871
Back of Folded
File
(374)
Entered Sept
20, 1871
John Dewberry
SSC
By Special
Deputy Joseph Price. I
did on the
30`h day of Sept. 1871 Served Jno. B. Martin, Theod.
Martin, Tulula Martin, Perry Martin, Cath. Martin, John Martin, Lee
Martin, Jas. Martin, Jerry Martin, Altne Turner, personally +
searched for James Harris + wife, also
on the 3rd
+ 10th days of Oct. 1871,
Served
Eliphus Jarratt, Clementine Jarrett, Ed. Moore, Aveline Moore, John
Moore, Calvin Moore, Margaret Moore, Jane Moore, Julia Moore, Geo.
Moore, Wm. W. Moore, Myra Moore, personally with copies of the
written citation.
John Dewberry
SSC
Shffs cost
Entry 0.50
23 copies 23.00
Mileage 20.90
$44.40
Transcribed by James
D.
Martin
2 February 2002
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ORDER FOR SALE
OF MARTIN MARTIN'S REAL ESTATE
11 NOVEMBER 1871
Front of Folded
File
In Probate Court
Spartanburg
William Martin
O. Martin
et al
B.J. Martin
E.M. Martin
et al |
Order to
Sell Real
Estate |
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Recorded page 109 |
Transcribed by James
D.
Martin
2 February 2002 |
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ORDER FOR
SALE OF MARTIN MARTIN'S REAL ESTATE
1 1 NOVEMBER 1871
The State of
South Carolina In
Probate Court
County of
Spartanburg
Spartanburg
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Wm.
Martin
Jerry
Martin
Et al
vs
B. J. Martin
E. M. Martin
Et al
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Petition for Sale of Real Estate
for Petition
Order for Sale |
In our
Examination it is ordered that the Land described in the pleading in
this case the same being the Real Estate of Martin Martin decd,
Situated in the County of Spartanburg, lying on the headwaters of
Thickety Creek bounded by lands of Jonas Harris, Calvin Phillips,
So. Ca. Manf. Co. and containing One Hundred + Twenty Acreas more or
less, be Sold by the Sheriff of the County of Spartanburg on the Pt
Monday in Dec next or on such other Sale Day as will be most
advantageous for the parties in interest on a Credit of 12 months
with interest from the day of the Sale, Purchaser to give bond and
good Security, and Mortgage of the premises to Secure the purchase
money. Also to pay for Stamps, and papers.
Given under
my hand + Seal of Office. Nov 11`h 1871
Benj Wofford
J.P.C.
The said
interest in the above Land is 46 2/3 acres.
Transcribed by James
D. Martin
2 February 2002
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ORDER FOR SALE OF MARTIN MARTIN'S
REAL ESTATE
1 1 NOVEMBER 1871
Back of Folded File
As ordered I have this
day sold the within des-
cribed Tract of land to
C. P. Turner for Thirty-Five
($35.00) Dollars, that being
the highest bidden therefore,
Dec 4, 1871
John Dewberry SSC
Recorded page 110
Sheriffs costs
Advertising
$1.00
Commissions .70
$1.70
Serving Papers 44.40
$46.10
Transcribed by James
D.
Martin
2 February 2002 |
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DEED OF CONVEYANCE
JANUARY18,1872
Benj Wofford
S. P. C. ~ Deed of Conveyance
vs
The State of South Carolina
C. P. Turner Spartanburg
County
Whereas
William Martin, Jerry Martin, O. Martin, et. al, on about the day of
one thousand eight hundred and did exhibit their petition in the
Court of Probate at Spartanburg Court House, setting forth that
Martin Martin departed this life on or about day of one
thousand eight hundred and seized and possessed in fee of a certain
plantation or tract of land containing Forty six and two thirds
acres, more or less, bounded by lands of James Harris, Calvin
Phillips, that portion and division of said lands, yet remained to
be made, which they prayed might be done.
And whereas,
afterwards, to wit: On the Eleventh day of November, in the year of
our Lord one thousand and eight hundred and Seventy one, Benj
Wofford Esq Probate judge of Spartanburg County, after due
examination did order and decree that the land described in the said
petition be sold by the Sheriff of Spartanburg, on the first Monday
in December, the next ensuing or on such other sale day as would be
most for the advantage of the parties in interest, in a credit of
twelve months, with interest from date, except costs which must be
paid cash on day of sale. And whereas John Dewberry, as Sheriff of
the County aforesaid, after having duly advertised the said tract of
land for sale by public outcry, on the fourteenth day of December,
in the year of our Lord one thousand eight hundred and seventy one,
did then openly and publicly and according to the custom of Auction,
sell and dispose of the tract of land below described unto C. P.
Turner, of the County and State aforesaid for the sum of Thirty five
dollars ($35.00) dollars, he being at that price, the last and
highest bidder for the same. Now therefore know all men by these
presents, that I, Benj Wofford Esq., Probate judge as aforesaid,
under and by virtue of the order and decree of the Probate judge
aforesaid, and in consideration of the sum of ($35.00) Thirty five,
secured to be paid to the Probate judge, aforesaid, have granted,
bargained, sold and released, and by these presents do grant,
bargain, sold and released unto the said C. P. Turner,
that certain
piece, parcel, and plantation of land containing one hundred and
twenty acres, more or less, adjoining lands of James Harris, Calvin
Phillips, So Ca Manufacturing Company and others, lying on the head
waters of Thicketty creek, in the county and State aforesaid. The
interest herein conveyed and released, is the interest of the
aforesaid Martin Martin, deceased, which is seven (7/18) Eighteenths
of the whole tract above mentioned and described.
Together with all
and singular, the rights, members, hereditaments and appurtenances
belonging, in anywise incident or appertaining to the said promises
and also of the state, right, title, interest, dower, possession,
property, claim and demand, whatsoever, either at law or equity of
the heirs and representatives of the said Martin Martin, deceased,
and of the parties to this suit, or any other person rightfully
claiming or to claim the same or any part thereof, by, from, or
under their or either of them. To have and to hold the said tract of
land, with its appurtenances hereditaments and privileges, unto the
said C. P. Turner, his heirs and assigns, to his, and their proper
use and benefit forever. In witness whereof, I, the said Benj
Wofford, Esq., Probate Judge of the County aforesaid, under and by
virtue of the said order and decree, have hereunto set my hand and
seal, this fourteenth day of December, in the year of our Lord one
thousand eight hundred and Seventy one, and in the Ninety Sixth year
of the Sovereignty and Independence of the United States of America.
Signed,
sealed and
delivered Benj
Wofford
in the presence of
Jno. Earle
Bomar
Ed. H. Bobo
State of
South Carolina County of Spartanburg
Personally
appeared before me Jno Earle Bomar and made oath that he saw Benj
Wofford sign, seal and deliver the within Deeds for the uses and
purposes therein mentioned, and that Dependent, with Ed. H. Bobo, in
the presence of each other, witnessed the due execution thereof
Sworn to me January 18, 1872
J. M.
[unreadable], Clk
Jno Earle Bomar
I certify that the within transfer has been recorded in my office
W. Magill
Fleming, Co Auditor
Registered,
examined and certified January 18, 1872
Transcribed by James
D.
Martin
2 February 2002
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MARTIN MARTIN'S ESTATE FILE CHILDRENS NAMES, 1 872
Anna
W. W. and Polly Wright; children of Ann Hamrick
Jane Alfred Harris grandson of Win Turner and wife Jane
Jane Children of John Turner who reside out-of-state
Jane James Harris and wife Polly Ann
Jane Lewis Guthrie and wife Myra, resides out-of-state
Jane Walter Turner, resides out-of-state
Jane William
Jane William Moore and his minor children; John, Calvin,
Margaret, Julia, Evaline, Jane, Myra,
George, Edward and Wm. Willis Moore, grandchildren of Wm + Jane
Turner
Jane Wm. Althe Turner; minor child of Wm. Turner
Jerry Andrew + B.B. Martin children of Jeremiah Martin
Jerry Catherine Martin, Perry D. P. Martin, Theodosia
Martin, Tulula Martin, John B. Martin; minor children of Jno. Martin
Jr.
Jerry Frances Lamb and wife Emily grand child of Jeremiah
Martin
Jerry James Martin, Jno. Martin, Jerry Martin and Lee
Martin; minor children of Green Martin
Mary Almarine Brawley and children Wm Highly and wife
Martha and James Brawley who reside out-of-state
Mary
Dock Turner and wife Hessantine
Mary
Eliphus and Clementine Jarrett; minor children of Julia Jarrett
Mary
James Scruggs
Mary
John [Mart] Ezell and wife Emily
Mary
Julius Jarrett + children James Jarrett and Jess Jarrett
Mary
Mary Cantrell and husband Alfred
Mary Patillo Farrow and wife; children of Jesse Scruggs
and wife Polly
Mary
Richard Scruggs
Richard
Edly Martin [Audley?]
Richard
Mary Goode
Richard
William Martin
Robert
Beauregard Martin, resides out-of-state
Robert
Drucilla Martin
Robert
Joseph Price and wife Delphia
Robert
Misseniah Martin
Robert
Richard A. Scruggs and wife Narcissa
Robert
Berryman Martin, resides out-of-state
Robert
Robert Martin child of Robert, a minor, out-of-state
Robert
Washington Hood jolly and wife Ann
Robert
William Williams and wife Nancy
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Laurens County South Carolina
Real Estate Transactions
for
Shadrack and Martin Martin
Deed Book
Dates Transaction
D/343 1772 Jun 17 - 1793
Feb 28 Shadrack Martin witnessed transaction
D/192 1773 Jan 15 - 1792
Jul 13 Shadrack Martin witnessed transaction
A/94 1774 May 23 -
1785 Nov 13 Shadrack Martin witnessed transaction
A/222 1774 Oct
10 Survey in the name of Martin
Martin
D/345 1777 May 29 - 1793
Feb 28 Shadrack Martin witnessed transaction
J/81
1786 213 a. grant to Martin
Martin
A/276 1786 Jan 25 - 1786
Jul 07 Wm. Martin and John Martin witnessed
A/324 1786 Sep 06 - 1786
Sep 26 Shadrack Martin witnessed transaction
D/187 1786 Nov 10 - 1792
Jul 02 S. Martin to M. Martin 150 a.
H/205
1787 12 acre grant to
Martin Martin
C/314 1789 Nov 07 -
1790 Dec 15 Martin Martin sold 25 a.
C/81 1789 Nov 27 -
1789 Nov 27 Shadrack Martin will to William Martin
C/80 1789 Nov 27 -
1789 Nov 27 Shadrack Martin will to Jean and Margaret
C/130 1789 Dec 26 -
1790 Mar 16 Martin Martin sold 150 a.
D/105 1791 Sep 05 - 1792
Feb 06 Martin Martin sold 150 a.
E/65 1792 Apr 14 -
1793 Nov 10 Shadrack Martin sells to Wadsworth and Turpin
F/252
1793 - 1797 Sep 09 Martin Martin sold 12 a.
F/231 1793 May 27 -
1797 Jul 18 Martin Martin sold 16 a.
E/209 1794 May 05 -
1794 May 07 Shadrack Martin & Wm. Martin bond on land
E/319 1794 Oct 16 -
1795 Jan 13 Martin Martin witnessed transaction
G/22 1797 Feb
20 Wm. Martin sells 187 a.
G/686 1802 Feb 25 -
1803 Nov 08 Sale of part of grant where S. Martin widow
lives
H/15 1803 Sep 20 -
1804 Mar 06 Wm. Martin sells 100 a.
Source:
Sara M. Nash, "Abstracts of Early Records of Laurens County, South
Carolina 1785 - 1820," undated.
Transcribed by James
D. Martin |
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