The State of South Carolina
To the Honorable Chancellors of the said state:
Humbly complaining shew unto your Honors, your Orators Nathan Boddie, Alexander Gregory and his wife, Mary, Thomas Bartley and Hannah his wife, Lewis Herlong and Rhoda his wife, Joseph Boddie, Michael Boddie, Elizabeth Boddie, William M. McCarty, Alsey McCarty, Wilson McCarty, Tillman McCarty, Mary Ann McCarty, Martha McCarty, Elizabeth McCarty, Felix E. Boddie, and Epsy Boddie, which said Michael Boddie and Elizabeth Boddie are minors, and do hereby (shew) the said Nathan Boddie as their Guardian ad litem and which said Wilson, Tillman, Mary Ann, Martha and Elizabeth McCarty are also minors and sue hereby the said Alsey McCarty as their Guardian ad litem. That Nathan Boddie, Sr., late of the District and state aforesaid and departed this life on the 8th day of November, 1841, leaving his last will and testament only executed and unrevoked a copy of which is hereby filed as exhibit A. That the Testator by his last will and testament, after certain specific devises and bequeaths gave all the rest, residue and remainder of his estate real and personal to his children share and share alike and provided that the children of any deceased child should take the share of their parents with certain exceptions herein mentioned which are as follows, to witt: That his grandson Felix Boddie should received one hundred and thirty dollars less than his share and that that sum should be equally divided between the balance of his children, and that Wiley Boddie, another grandson, should received five dollars and no more of all his estate.
Testator died seized and possessed of the following bodies of land viz: one of one-thousand acres more or less situate in the district and state aforesaid on Clouds Creek, Waters of Saluda River composed of several parcel or tracts of land, all however adjoining each other and bounding lands of James Whittle, Zachariah Miller, William Whittle, William Magee, Ambrose Whittle, Precious Lark, and Sarah Stark, and other of eighteen acres more or less in the district and state aforesaid adjoining lands of Zachariah Miller and the estate of David Bodie, deceased. The Orators further shew unto your Honors that the said lands are subject to distribution under the will of the Testator in the following manner: One share thereof to your Orator Nathan Bodie, a son of the testator, one share to Mary Gregory, a daughter of the testator, one share to Hannah Bartley, a daughter of the testator, one share to Rhoda Herlong, a daughter of the testator, one share to Joseph Bodie, a son of the testator, one share to Michael Bodie, a son of the testator, one share to Elizabeth Bodie, a daughter of the testator, one share to the said William M., Alsey, Wilson, Tillman, Mary Ann, Martha and Elizabeth McCarty, children of the predeceased daughter of the testator, Mahala McCarty, one share to Felix E. Bodie, and Epsie Bodie, children of David Bodie, predeceased son of the testator, and the other share to Wesley Bodie, the defendant, a son of the testator.
And your Orator shew unto your Honor that they desire to partition to be made of said lands and amongst the devisees aforesaid according to their rights in tender Consideration whereof and for as much as your Orators are without remedy save in the Honorable Court where such matters are alone cognizable. To the end thereof that the said Wesley Boddie may answer the matter herein stated and charged that your Honors may grant your Orators your writ of Partition and such other relief as in the premised may seem meet. May it please your Honors to grant your Orators your writ of Subpoena directed to the said Wesley Boddie requiring him to please answer or demur to the bill.
Griffin and Burt, Comprs. Sols
(No date given)
(Wesley Bodie answers November 15, 1841 and consents for the land to be sold.)
In Equity. Package No. 584.