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Testimony regarding John's Will and James's
claim to settle the Estate
(Courtesy of Lisa Burns research)
Below you will find
testimony taken about John's ability to have made a will, just before he died,
and also James' claim to settle the estate. Can you imagine one of the
witnesses describes John as being " a strange man always" and "vicious and of
bad temper"? Ahhh, the Sinclair lineage!
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Journal of the Ordinary Book C 1829-1846
March 7th 1845
Evidence John Sigler Will
James Vaughan for pltffs
Says he was acquainted with decd
Says he was in a low state of health in 1839 says that at the time ? Siglers
grand daughter applied to write her grandfathers will, he refused to go because
he did not think he was in a condition to make a will, he had seen him 3 or days
before he was sent for?, this was about the 1 Feby 1839---
Says he was does not know the condition of his mind on the day he was sent for,
and it was some two or three months after this when he next saw him.
Reply
Richard Ivey
Says that he knew the deceased
Thinks that in 1839 he was in very
Bad health and that he was not competent to make a will - he says he would not
have felt safe in any business transaction about 1839 and he did not think him
capable of transacting business, never had any dealing with him himself.
Says he lives 1 ½ or 2 miles from decd.
Says he does not know whether if was in the first or last of the year 1839 that
he was incapable of making a will not at anytime till his death.
He would not have been inclined to have traded with him - says he was there and
had conversation with him in 1839 - but does not know what ti?? His state of
mind, but generally his childish talk - has talked with him frequently since
1839 - never (or ever) since his wife died which is 5 or 6 years.
Porter for Pltffs
Says he knew Mr. Sigler
From the time he has talked with the deceased he was at times in his proper mind
and other times not.
Mr. Sigler himself that since the deceased had taken he was not as he had
got his wife to trade and manage for him - does not know of his trading
afterwards, he had at different times observed a difference at different times.
The wit says he should have considered himself safe in trading with him at times
and at other times not.
Col. Metetillo?
Says he know the old man after he was afflicted and before his wife's death, he
does not know the year but it was July or Augt. The old man was very much
afflicted - says he say him after the death of his wife and he was not
apparently at himself he did not think him rational -
Says when he got mad he was outrageous, he thought him not competent to make a
will whereas he saw. Says he appeared to be in great rack and pain -he moaned?
And talked much that he did not wish to bear? - thinks the ???? times he saw him
he was not at himself.
Porter
Says he know the decd. That at the times the decd was at himself and at others,
not. -as the times wit. saw him, did not think him competent to make a will,
says he never was there after his return from the west but he could not fix the
time. He saw him frequently before the wit went to the west he does not know
the year says at the time he saw him the cause of his wa……….he cannot say - he
was a very strange man always -he would have felt himself safe it the old lady
was caunetted? And referred to - he was vicious & of bad temper -
Evidence closed. To examine clerk office for evidence of his surviving as
juror.
The State of South Carolina
Union District
In House Court Ordinary
To John J. Pratt Esquire Ordinary for the said District
The petition of James E. Meng and James Sinclair. Show that John
Sinclair deceased departed this life in the District of union of the day of
one thousand Eight hundred and forty four leaving paper writing purporting to be
his last will and testament in full force and unrevoked and appointing
Chirstopher Brandon and his widow Elizabeth Sinclair Executor and
Exectoux, they thereof say that previous to the death of the said John
Sinclair, his widow afore said departed this life - that Christopher Brandon
named and Executor of the said last will and testament refused to qualify as
such Executor and your petitioner James Sinclair, applied for and
obtained letters of Adminstration for the said John Sinclair deceased and
that since of such administration fully paid up and settled all due awards
against the said Estate, and that the personal property has proved amply
sufficient for that purpose.
Your Petitioner? further ??? that the said John Sinclair deceased left
him surviving the following
children viz. James Sinclair, John Sinclair. Benjamin Sinclair,
William Sinclair and ? daughters Nancy who intermarried with Thomas
Holcomb, ?? Anna who intermarried with M Beatty Rebecca Who intermarried with
Buckner Walls Mary who intermarried with Thomas Holcomb Junr Elizabeth who
intermarried with Benjamin Forsyth Sarah who intermarried with John Holcomb and
Letitia . . .That at the time of the death of the said John Sinclair he
was seized and possessed of a valuable tract of land and located in Union
District on Brown's Creek waters of Broad River, Containing One hundred and
Eighty two Acres ??? on left adjoining lands of Christopher Brandon on the north
William Bevel on the East on the South and west by lands of Jason??? E. Ne?? and
Absolom Ivev-that the said tract of land cannot exceed in value the sum of one
thousand Dollars, and that two divisions
thereof ??? the parties interested therein.
Your Petetionor further shows that the said last will and testament of the said
John Sinclair contains amongst others the following clauses viz~
Also at the death of my wife my will "is that my daughters that my he single 'at
that time shall have the privelage of living on my plantation till they marry,
Also "my will is that all the property remains at mv wifes death is that it
shall
"be equally divided among my children "Also at the marriage of my' last daughter
'my plantation be sold and equally divided among my children
'Your petitioner further shows that since the death of the said John Sinclair,
Sarah Sinclair a daughter of the deceased hath intermarried with John
Holcomb and that the only unmarried daughter Letitia Sinclair ????????
sold or disposed of all her rights and interest in the said tract of land above.
referred to and removed without the limits of this state ---Your petitioner
shows that they are interested in the said tract of land and that Buckner? and
his wife Rebecca, Thomas Holcomb Jr. and his wife Mary, , Benjamin Forvsyth and
his wife Elizabeth, John Holcomb and his wife Sarah, John Sinclair,
Benjamin Sinclair and Letitia Sinclair ?????? reside without the
limits of this state.
Your petitioner further states that they believe it will be to the best interest
of all the parties in said cause that the land should he sold as soon as
practical. Your petitioners therefore pray that the parties Shall each and every
one of them be summonded and show cause (if any they can why the said land
should not he sold or divided according to the rules????? upon such terms that
Partitioners and this Court shall prescribe
And your Petitioners will ever pray
Entered 15 June 1846
The within described land sold to Samuel W. Bentley for six hundred and seventy
two dollars at the price being the last and highest bidder 6 July 1846.
The within described land resold at the risk of the former purchaser for five
hundred ?? dollars twenty five cents to Christian Wilson he at the last highest
bidder 5 Oct. 1846.
R. McBeth
In the Court of Ordinary
Jas. E. Meng & James Sinclair
VS
Thomas Holcomb
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