ABBEVILLE COUNTY, SOUTH CAROLINA HALL FAMILY Abstract of Edward Davis vs. Fenton Hall Re the Estate of Elias Dejarnette, Jr. |
Introduction This is a an estate case heard in “equity” in Ninety Six District, South Carolina. The case is highly informative to genealogists of the Dejarnette, Hall and Tucker Families that migrated from of Halifax County, Virginia to early Laurens, Pendleton (Anderson Co.) and Ninety Six (Abbeville Co.) Districts of South Carolina. It involves an estate dispute concerning the estate of Elias Dejarnette, who died in Halifax Co., Virginia in 178__. Specifically, it addresses the portion of his Will given to his widow Sarah (Hall) Dejarnette. |
Key Facts Learned From this Equity Case, we learn (or reinforce) a few key facts:
• Elias and Sarah’s daughter Nancy Dejarnette m. Edward Davis on 11 Jun 1795; • Elias and Sarah’s daughter Hannah Dejarnette m. to Bartlett Tucker in abt. March 1786; • Elias and Sarah’s daughter Frances Dejarnette m. Harbert Tucker (abstracted as Herbert) in abt. Mar 1807; she d. before the case was filed; • Elias and Sarah’s son _____ Reuben Dejarnette m Eleanor _____; Reuben d. before the case was filed and his widow then m. Isaac Lefevre; • Elias and Sarah’s daughter Sarah Dejarnette m. Maxfield Kennedy in abt. 1794; • Elias and Sarah’s daughter Elizabeth Dejarnette, aka Betsy Dejarnette m. Joab Malden (then age 19) in Sep 1789 before they moved to the Lee’s Shoals area of Pendleton District; and she d. without issue before the case was filed; and • Elias Dejarnette’s widow Sarah Dejarnette later m. Israel Pickens on 11 Mar 1790; and she d. before the case was filed. Also, we learn:
• Robert Tucker and his wife Mary moved to Tennessee; • Daniel May m. a daughter of Nathaniel Hall; • Lent Hall was a son of Nathaniel Hall; • Lent Hall was 44 years old as of 8 Feb 1813; |
Important Note This abstract has been harmonized for readability. It is extremely difficult to read as it is forty pages of hand written cursive text using early South Carolina vernacular. What you see below is a blend of the text as written with some modest correct of punctuation, grammar and spelling. The common modern spelling of used Dejarnette rather than the spelling Dejernatt which was most often used in the original text. |
Image 431 [“The Legal Style of the Case”] In Equity, Ninety Six District Edward Davis, et ux, et al vs. Fenton Hall in his own right [&] as Excr. of N. Hall, deceased, et al 1814 - No 6. Image 432 State of South Carolina Abbeville District To the Honorable Hugh Rutledge, William James Waddy Monkson, Theodore Gaillard and Henry W. DeSaufsure, Judges of the Court of Equity of the State of South Carolina said Humbly complaining shew unto your Honors, your Orators & Oratrixes Edward Davis and Nancy his wife; Bartlett Tucker and Hannah his wife in his own right & as assignee of Herbert Tucker; Isaac Lefevre, and Eleanor his wife late Eleanor Dejernatt, administratrix of Reuben Dejernatt deceased; and Maxfield Kennedy and Sarah his wife, That Elias Dejernatt, (father of your Oratrixes Nancy, Hannah and Sarah and also of Reuben Dejernatt, the former husband of Eleanor now Eleanor Lefevre, Frances Dejernatt afterwards married to Herbert Tucker & since deceased and Elizabeth Dejernatt, afterwards married to Joab Malden & since deceased without issue [no children]) being seised and possessed of considerable real & personal Estate in Halifax County, State of Virginia duly made & published his last will and Testament in writing bearing date on or about the twenty third day of April 1783 and among others, made the following bequests & legacies: to your Oratrix Nancy one negro girl named June; to your Oratrix Hannah one negro named Usley; to your Oratrix Sarah one negro girl named Denah;
to Reuben Dejernatt former husband of your Oratrix Eleanor Lefevre one negro named Amos; to Frances Dejernatt afterwards Tucker & since deceased one negro named Fillis; and
to Elizabeth Dejernatt afterwards Malden since deceased without issue one negro named Jenny
and also willed and devised to his wife Sarah Dejernatt who afterwards intermarried with Israel Pickins but is now dead one negro man named Harry, a negro woman named Sarah and a negro girl named Liddy during her natural life and then to be equally divided between all his children. And your [Image 433] Orators and Oratrixes further shew unto your Honors:
that the said Dejernatt also devised unto his mother Elizabeth Dejernatt & his sister Annaka Dejernatt one hundred acres of land during their natural lives and after their decease to be the only and true property of his son Reuben
that he also devised to his son Reuben Dejernatt two hundred acres of the upper end of his land when he become of age
and to his wife Sarah Dejernatt one hundred acres from the lower end of his land during her natural life and then to be the only & true property of his son Reuben.
All of which will more fully appear by reference to the will a copy whereof is herewith filed & marked Exhibit A; and
that the said Elias Dejernatt by his last will and testament aforesaid did nominate & appoint Thomas Dejernatt and James Hines executors of his said last will and testament and that shortly after executing the said last will & testament the said Elias Dejernatt departed this life; and your Orators and Oratrixes further shew:
that the said Thomas Dejernatt and James Hines refusing to take upon themselves the Execution of the said Will, the said Sarah Dejernatt widow and relict of Elias Dejernatt deceased made application to the Court held for Halifax County State of Virginia for letters of administration with the will annexed which the said Court granted unto her, she having taken the prescribed oath and with Nathaniel Hall, Fenton Hall John Carr and John M Griggs her securities entered into and acknowledged a bond for the faithful execution of the same as will more fully appear by reference to copy of the said bond herewith filed & marked Exhibit B. And your Orators and Oratrixes further shew:
that the said [Image 434] Elias Dejernatt died Intestate as to a very considerable part of his personal estate, consisting of divers goods, chattels and rights of great value, namely a negro named Tom, five head of horses, thirty head of Cattle, a large number of hogs & sheep, four beds, plantation tools, several hogsheads of Tobacco and bond on Zachariah Glass for one hundred pounds or some other large sum amounting in the whole to the value of about four thousand Dollars. And your Orator and Oratrixes further shew:
that some time after the decease of the said Elias Dejernatt the [said] Sarah Dejernatt and Nathaniel Hall and Fenton departed from the State of Virginia & removed into this State and
that after their arrival the said Sarah Dejernatt intermarried with Israel Pickens and the said Sarah afterwards departed this life and the said Israel hath taken out administration upon the goods & chattels right & credits which were of the said Sarah in her lifetime and
that Nathaniel Hall departed this life having made his will & nominated & appointed Fenton Hall Executor of the same and
that the said John Carr and John M Griggs the other two securities reside out of this State and
that after the removal of the said Sarah Dejernatt & Fenton Hall into this State & previous to the intermarriage of the said Sarah with the said Israel the said Sarah contracted with said Fenton Hall for the purchase of two hundred acres of land or some other large quantity on Rocky River in Pendleton District & State of South Carolina and
that it was agreed between the legatees of the said Elias Dejernatt deceased, and Sarah Dejernatt and Fenton Hall that the negro Jenny who was willed to Elizabeth should be given in payment of the said land and that the said Elizabeth should have the negro Town as to whom the said Elias died intestate, as mentioned above, in lieu of negro Jenny upon condition [Image 435] that the titles of said land should be made in the name of your Oratrix Nancy. And your Orator and Oratrixes further unto your Honors:
that the said Fenton Hall took the said negro Jenny into his possession and converted her to his own use and
that the said Fenton Hall did not convey the said land to your Oratrix Nancy nor make the titles in her name as in Law & Equity he ought to have done according to his contract, but on the contrary conveyed the said land to Israel Pickens and Sarah Pickens formerly Sarah Dejernatt, widow and relict of said Elias Derratt deceased And your orator and Oratrixes further shew that upon the intermarriage of said Israel Pickens with said Sarah Dejernatt on or about the year 1790 considerable personal property of the Estate of Elias Dejernatt Deceased, consisting of horses, cattle, hogs and so forth came into the hands of said Israel Pickens in consequence of the said Intermarriage. And your Orators and Oratrixes further shew that they have often applied to the said Sarah Dejernatt in her life time and as husband of said Sarah & administrator as aforesaid since her death to the said Israel Pickens, and to the said Nathaniel Hall in his life time & since his death to the said Fenton Hall in his own right and as Executor of said Nathaniel Hall and to John Carr & John M Griggs the other two securities in a friendly manner and desired them to give your Orator and Oratrixes:
an account of the personal estate of the said Elias Dejernatt both that which he willed and that of which he died intestate and to pay over and distribute among your Orators and Oratrixes the several portions to which they are entitled by the said will and the laws of Virginia, and also
an account [Image 436] of the rents profits and issue of his real Estate, and to know how and in what manner the same have been paid & applied and how much thereof remains in their lands; and
that they might pay over unto your Orators and Oratrixes what is due unto them from the said rents, profits & issues, and your Orators and Oratrixes well hoped that the said administratrix & her securities and the said Israel Pickens would have complied with such these reasonable requests as in justice and Equity they ought to have done. But now so it is, may it please your honors
that the said Israel Pickens Fenton Hall, John Carr and John M Griggs combining and confederating together and to and with divers other persons at present unknown to your Orators and Oratrixes, whose names when discovered you Orators and Oratrixes, may may be inserted herein with apt words to charge them, contriving how to defend your Orator & Oratrixes and defeat them of the portions to which they are respectively entitled of the said estate under the will and by the laws of Virginia, and
that the said Sarah Dejernatt has negligently administered the said Estate, in that she did not make any Inventory and return of the said Estate to the Court held for Halifax County State of Virginia as by law he ought to of one done and
that the said Negros specifically willed have been delivered over to the Legatees yet the use and service of said negros has not been accounted for until the time of delivery and
that the said Fenton Hall in his own right and as executor of Nathaniel Hall, Israel Pickens, as administrator aforesaid and John Carr & John M Griggs refuse to give any account whatsoever of the personal estate of the said Elias Dejernatt both that which he [Image 437] willed and that of which he died intestate or of the rents profits and issues of the real estate and to pay over and distribute among your Orator and Oratrixes what is due to them by virtue of the said Will & the court of Virginia, sometimes pretending that they have paid over what is due to each one of the legatees - other times pretending that the estate of said Elias was small and inconsiderable and insufficient to pay the debts legacies & funeral expenses of the said Elias Dejernatt Whereas your Orators and Oratrixes charge, so the truth is:
that the said Elias Dejernatt died possessed of a considerable personal estate more than than sufficient to pay all his just debts, legacies & funeral expenses with a great over plus and other times they pretend that the rents issues & profits of the real estate are no small that they will not amount to or be sufficient to reimburse & satisfy them for their charges & expenses; whereas your Orators & Oratrixes charge that the said real estate was of very considerable yearly value, and that the your Orators and Oratrixes further charge that the said Fenton Hall has wholly refused to comply with the contract made between him & the said Sarah Dejernatt, and the Legatees of the said Elias Dejernatt, but has conveyed the said land to Israel Pickens and Sarah his wife and hath not in any manner compensated or satisfied the said legatees for the said negro Jenny, and that the said Israel Pickens has not paid over or accounted for the property which came into his hand in consequence of his intermarriage with the said Sarah Dejernatt, but he hath wholly refused under various pretents, pretending that no part of the same came into in to [Image 438] his hands or that he has accounted for the same. All of which actings and doings of the said Fenton Hall, Israel Pickens John Carr & John M Griggs and the other confidantes are contrary to right, Equity and good conscience and tend to the great injury of your Orators & Oratrixes, In tender consideration whereof & for as much as matters of this nature are most properly cognizable and liable in a Court of Equity, and in regard your Orators and oratrixes cannot compel the said Fenton Hall in his own right and as executor of Nathaniel Hall deceased, Israel Pickens administrator aforesaid, John Can & John M Griggs to account for the Elias Dejernatt’s personal Estate and the rents, profits & issues of the real estate or the payment of what is justly due your orators and oratrixes under the will of the Dejernatt & the case of Virginia but by the aid and assistance of a Court of Equity. To the End therefore that the said Fenton Hall in his own right and as Executor of Nathaniel Hall, Israel Pickens, John Carr and John M Griggs may upon their several corporal oaths, true & perfect answer make to all and singular the premises as fully and particularly as if the same were again here repeated and interrogated, and that the said Fenton Hall, John Carr and John M Griggs may set forth whether the said Elias Dejernatt your Oratrixes father did not make such last Will and Testament. as hereinbefore is set forth, or any other & what will; and whether the said Elias did not depart this life on or about the month of February 1784; whether he was not seised & possessed of considerable real & personal property and whether he did not make the following specific bequests & devise, namely, to Nancy Dejernatt one negro girl [Image 439] named [blank], to Hannah Dejernatt one negro named [blank], to Sarah Dejernatt one negro girl named Dinah, to Reuben Dejernatt one negro named Amos, to Frances Dejernatt one negro named Fillis and to Elizabeth Dejernatt one negro named Jenny, & whether he did not bequeath to his wife Sarah Dejernatt one negro man named Harry, a negro woman named Sarah & negro named Liddy, during her natural life and then to be equally divided between his children; whether the said Elias did not devise to his mother Elizabeth Dejernatt & his Sister Annaka Dejernatt one hundred acres of land during their natural lives & then to be the only true property of his son Reuben; whether he did not devise to his a wife Sarah one hundred acres during her life time & then to his son Reuben of them& whither he did not devise to his home Reuben two hundred acres. And that the said Fenton Hall, John Carr & John M Griggs may further true & perfect answer make: whether the said Elias Dejernatt did not nominate --- appoint Thomas Dejernatt & James Hines his Executors; whether they did not refuse to take upon themselves the burden of the Execution of the said Will; whether the said Sarah Dejernatt widow & relict of Elias Dejernatt was not appointed administration with the will annexed of the said Estate & whether they the said Fenton Hall, Nathaniel Hall, John Carr, John M. Griggs, as securities did not enter in to & acknowledge with the said Sarah a bond for the faithful administration, and what was the sum for which the bond as given; whether the said Elias did not die intestate as to considerable personal property, the natures, kinds, quantities, & qualities thereof and in what the same consisted; whether there was not a negro named Tom, five head of horses or how many, thirty head of cattle or what number, a large number of hogs and sheep, state particularly the sum be, whether there were not four beds or how many, what plantation tools then kinds & numbers;
whether there were not several hogs heads of Tobacco [Image 440] and how many;
whether there was no bond on Zachariah Glass for one hundred pounds or for how much, when made payable & whether the same has not been paid;
whether the said Fenton Hall was nominated & appointed by the will of Nathaniel Hall, his Executor. And that the said Israel Pickens & Fenton Hall may set forth:
whether the said Israel did not intermarry with the said Sarah Dejernatt after her removed into this State; and
whether the said Sarah did not afterwards depart this life; and
whether the said Israel hath not administered as aforesaid upon the said Sarah’s Estate;
whether [illegible] by the said Sarah to purchase a tract of land on Rocky River and how many acres, from Fenton Hall, and
whether a contract was not made between the legatees of said Elias Dejernatt and Sarah Dejernatt & Fenton Hall that said land should be paid for with the negro Jenny willed to Elizabeth and whether she was not to have the negro [Zorn?] in lieu of said Jenny upon condition that a conveyance of said land should be made to Nancy Dejernatt.
State the particulars of said contract and whe ... then the said Fenton did not take the said Negro Jenny into his possession & use her as his own property.
And that the said Israel Pickens may further answer make & set forth whether upon his intermarriage with the said Sarah he did not get into his possession considerable personal property of the Estate of Elias Dejernatt, and the natures, kinds quantities qualities thereof, in what the same consisted & - - how much - -
and that the said Israel Pickens, Fenton Hall, John Carr, & John M Griggs, may further answer make, when the negros specifically bequeathed were delivered over to them respective legatees, in whose possession they were in the mean time what were there ages, what were the annual profits of the lands in possession were they, how much of the rents were received & by whom; &
whether the said Elias died [Image 441] possessed of any other property beside that which was mentioned of what nature kind & quantity.
And that the said Israel Pickens, Fenton Hall in his own right and as Executor of Nathaniel Hall, John Carr, & John M Griggs may be decreed to come to a just and fair account with your Orators and Oratrixes for the personal estate and the rents, profits & issues of the real State & pay over to your orator & oratrixes all which they are entitled to.
and that your Orators and Oratrixes may have such further and other relief in the premises as to your honors may seem meet.
May it please your honors to grant unto your Orators and Oratrixes a Writ of Subpoena to be directed to the said Fenton Hall, Israel Pickens, John Carr and John M Griggs thereby commanding them at a certain day and under a certain pain therein to be inserted personally to be and appear before the Court of Equity then and there to answer to the premises & to stand to and abide such order and decree therein as to your honors shall seem agreeable to Equity and good conscience -- and your Orators & Oratrixes shall ever pray.
Calhoun & Noble Compl. Solicitor March 19th 1818. Recd. of Johun McConnell Exhibit A., being the copy of the will of Elias Dejernatt. G Bowie [Image 442] Bill of Complaint Calhoun & Noble, Complainant Solicitor filed 5 Nov [?], amended & filed 7 June 1814. [Image 443 to 444] A copy of Exhibit “B”, the Bond filed in Halifax County is inserted . . . Certified by the Halifax Court on 14 Aug 1819. [Image 445 to 447] A copy of Exhibit “A”, the LWTof Elias Dejernatt filed in Halifax County is inserted . . . Certified by the Halifax Court on 14 Aug 1819. [Image 448 to 458] Reports of Commissioner Richard Andrew Rapley appointed by the Court for the 96 District detailing sections of testimony of the parties and their witnesses; and some depositions. [Image 459 to 463] The Answer of Israel Pickens. [Image 464 to 470] The Answer of Fenton Hall. [The End] |
Source: https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLK-Z155?view=fullText&keywords=Pickens&lang=en&groupId= [FamilySearch DGS #008196602, Images 431 to 470] |
Compiled By: David H. Robertson, 159 Hickory St., Roswell, GA 30075 davidhr@hushmail.com |