DANIEL WELCH
Versus
JAMES PEDEN and JAMES ALEXANDER
Executors
Estate of WILLIAM WELCH (d.1818)
Court of Ordinary
Greenville District
State of South Carolina
1 July 1833
To JAMES ALEXANDER, Executor of the Estate of WILLIAM WELCH deceased. At the instance of DANIEL WELCH, a legatee of the estate of said deceased, you are hereby cited as Executor aforesaid to be and appear in the Court of Ordinary to be holden at Greenville Court House for Greenville District on Monday the Fifteenth day of this instant by 10 O'clock A.M. to account in full for the settlement of said estate. You will return this citation on that day. Herein fail not on pain of the consequences that may fall thereon. Given under my hand and seal this 1st Day of July 1833. Jno Watson (LS) O.G.D.
DANIEL WELCH vs JAMES ALEXANDER and JAMES PEDEN, Executors Estate of Wm. Welch. The complaintants in this case exhibits the following charges against defendants, viz.
1. These defendants are charged with not having taken into consideration in the settlement with the widow of dec'd the sum of $60 which belonged to the said widow previous to her marriage with the dec'd and which complaintants contend ought to be reckoned with in the estate.
2. Not accounting for a part of ten gallons of spirits for sale as complaintants consider that amount too much.
3. For their suffering a Negro woman of the Estate to remain in the service of THOMAS AUSTIN and hiring a woman in her place paying her out of the estate for two weeks time.
4. For neglecting to get up hogs and causing a considerable loss sustained to the estate.
5. With not having
taken sufficient security in the following cases whereby a considerable
amount was lost to the Estate, viz., JNO. N. NASH with BENJAMIN STRANGE
security for $40.
Court of Ordinary
Greenville District South Carolina
15 July 1833
1. On the first charge defendants answer that they never received the sixty dollars mentioned and nothing concerning the same whereby they could claim it for the Estate.
2. There appears to have no credit been given to defendants for the whiskey as charged.
3. Appears to have been the account of THOMAS AUSTIN an Executor in taking out of the crop a Negro woman for two weeks.
4. James Peden states that he spent some time in hunting the hogs here stated and was out after them various times one of the times in the company of COMPLAINTANTS.
5. JNO NASH and B. STRANGE for $40
JON HOPKINS sworn says
He believes NASH good at that time that
Nash could at that time with a good stock and further witness says
he owed Nash $60 at that time. Says he thinks that Nash at that time
could have got credit at that time of the above amount among any of his
neighbors.
JAMES McALLAN and EDWARD NASH sworn says
Nash says he knows JAMES McALLEN and that
he held considerable amount of personal property that his witness would
not hesitate to bear credit him at that time for the amount charged, he
believes that the credit of Strange was not un. if it was witness
did not know it.
JAMES KILLET & KILLET SIMS
Edward Nash says that he does not know
anything certain against for the principal JAMES KILLET but says he believes
his security KELLET SIMS was considered good.
NATHAN NESBIT Sworn
Says he knows but little of the standing
of JAMES KILLET but says he had some property but witness conceives that
KILLET SIMS would have been taken for 40 or 50 dollars at least -
witness says he would have taken him for that amount - says he has the
name of an honest and good man.
W.M. OWENS Sworn
On part of Complaintants says he knew JNO.
NASH about the years 1818 or 1819 and that he as constable had frequently
called on him (Nash) and that he at that time did not consider him good
at that time but says that previous to that time he so called on him the
witness thought him good for his contract and is not certain whether it
was in 1818 or 1819. Says he knew JAMES KILLET and that he did not
consider him good at that time. Says he knew his security KILLET
SIMS and that he would not have taken him for the credit but says he believes
him to be an honest man that he always bore the name of an honest good
citizen and that his credit as far as he went in debt was generally considered
good.
COURT OF COMMON PLEAS
Greenville District South Carolina
15 July 1833
D. WELCH vs J. ALEXANDER, Esq. & J.
PEDEN - Executors
Estate of William Welch
After hearing and examined the writings produced
in the above case having the charges of the complaintants it is ordered
and decided that the defendents be discharged from further trouble in this
case on the above charges and that the complaintants pay the costs which
amount to seventeen dollars. 15 July 1833 Jno Watson O.G.D.
Transcribed from original document by Bennie
Lou Hook Altom
15 February 2000
Court of Common Pleas
10 Feb 1804 - Greenville County, SC Courthouse
Greenville County, South Carolina, Court of Common Plea's
Box 81, No. 2152, Judgement Rolls
WILLIAM BRUCE and WRIGHT BRUCE brought suit against WILLIAM WELCH for
lose in the amount of Three Thousand Dollars for use of Negro CHLOE and
her children: BEN, ROSE, VINY, and FANNY.
1805
Court of Common Pleas
Judgement Rolls, #98
Greenville, SC
GEORGE WELCH, etal
Defendant failed to show up for jury duty.
Excused.
3 Mar 1807 - Greenville County, SC Courthouse
- BRUCE vs WELCH - William Welch personally came before me,
Dept. Atty. D. T. Puckett, making oath that THOMAS ALLEN of Warren County,
NC, is a material witness to support his defense in the above named case
and that he cannot procure testimony of said THOMAS ALLEN only by commission
sworn to before 3 March 1807. On motion of Mr. Puckett, Attorney for the
defendant, ordered that a directive to any two Justices of the Peace in
the said County of Warren NC take the examination of the said THOMAS ALLEN
and certify the same to the next court to be held for Greenville District
to be read into evidence in the above stated case. Signed, D.T. PUCKETT,
Deft. Atty.
2 Jun 1807 - State of North Carolina - Rowan County
- To the Honorable Court of Greenville District in behalf of the defendant
WILLIAM WELCH in the state of South Carolina. In behalf of the defendant
in the above case, this day came before us WILLIS ELLIS and LAZARUS HEGE,
two of the Justices of the Peace for said County after being qualified
agreeable to law, relates the following words, to wit: Question 1:
Are you acquainted with the plaintiff or defendant in this case?
Answer: 1: I was acquainted with JESSE BRUCE and WILLIAM WELCH
for they resided at my father's house for a considerable time.
Question 2:Were you at any time present at the house of GEORGE
ALLEN when the defendant WILLIAM WELCH and JESSE BRUCE contracted regarding
a certain Negro girl named CHLOE and what time did the said contract take
place?
Answer 2:I was present when they contracted, it was in 1791
[Warren Co NC] and I believe in the month of August.
Question 3:Did or did not the said WILLIAM WELCH contract and
agree with the said JESSE BRUCE to take the said Negro girl, CHLOE, at
the sum of one hundred dollars as his part or portion of the estate of
BIBBY WELCH, late BIBBY BRUCE, a widow of CALEB BRUCE deceased, of whose
estate the said JESSE BRUCE was administrator?
Answer 3: He agreed with WILLIAM WELCH to take one hundred dollars
for the said Negro girl CHLOE as a part of his wife's legacy of the said
CALEB BRUCE's estate and the said WILLIAM WELCH took a mare at twenty pound
sterling, it was delivered in my presence of the said JESSE BRUCE as a
legatee of the aforesaid estate.
Question 4: Was or was not the said Negro girl present at the
time of the contract aforesaid - and did you not understand from both the
then contracting parties that the Negro CHLOE was in the possession of
a third person who claimed her as his property?
Answer 4: I did understand that she was in the hands of one
JOHN GROVES, and was not supposed would be obtained without a lawsuit.
Question 5: Did or did you not understand from both JESSE BRUCE
and WILLIAM WELCH that the reason why the Negro girl sold so low was that
the person who was in possession of the said Negro wench CHLOE refused
to give her up without a lawsuit?
Answer 5: I did understand so.
Question 6: Was or was not the said WILLIAM WELCH acknowledged
as the lawful husband of the said BIBBY BRUCE the wife of CALEB BRUCE by
the said JESSE BRUCE, the administrator of the said CALEB BRUCE.
Answer 6: He was acknowledged the lawful husband of the said
BIBBY BRUCE.
Question 7: Do you know anything further that will be of service
to the defendant? If you do, relate it as fully as if you were particularly
interrogated thereto.
Answer 7: I know nothing more only there was a receipt given
for one hundred dollars and twenty pound sterling as part of his part of
the estate received by WILLIAM WELCH from JESSE BRUCE.
Signed: THOMAS ALLEN
18 Nov 1807 - State of South Carolina, Greenville District,
Whereas by consent of William & Wright Bruce, plaintiff
and William Welch, defendant, the Court of Common Please on the eighteenth
day of November one thousand eight hundred and seven then sitting at Green
Court House in and for the District of Greenville ordered that the above
cause be retired to the arbitrament of JAMES HARRISON and NATHANIEL POWER
with power of umpirage and the award under hand and seal to be the judgement
of the court.
In pursuance of the above rule of Court the said Arbitrary met and
heard the claim of the plaintiffs and heard defense of the defendant and
they did agree and do by these presents award and judge as follows; that
is to say; pursuant to an order or rule of Greenville Court dated term
one thousand eight hundred and seven to be directed we have duly and truthfully
investigated the case heretofore referred awarding to the best of our skill
and knowledge and that on the best evidence we had on said case we find
the right and property to the Negro ench Chloe claimed by Wright and William
Bruce now in possession of said William Welch is the property of said William
Welch and that the suit now in court on the above case be dismissed at
the plaintiffs cost. To which we each of us do hereunto set our hands and
seals this eighteenth day of November 1807. Which said award was returned
by the said JAMES HARRISON, one of the arbitrators of the Court of Common
Pleas heard and held at Greenville Court House in and for the District
of Greenville on the first Monday after the fourth Monday in March, one
thousand eight hundred and eight to which said court the said case was
transferred by an act of the General Assembly of the State and forwarded
then and there the said award was made by consent of the said parties a
judgement of said Court by order of said Court. Therefore it is considered
that the said William Welch do recover against the said William and Wright
Bruce the sum of Forty-eight dollars and fifty cents for his costs and
charges by the said Court here adjudged to the said William Welch which
said costs and charges in the whole amount to -----and the said William
and Wright Bruce in mercy go forth.
D.T. PUCKETT - Defendant's Attorney
Judgement Signed 14th January 1809.
GEORGE W. EARLE, Clerk
1839
Court of Common Pleas
Judgement Rolls, #2778
Greenville SC
JESSE WELCH & JOHN WELCH vs HUGH BAILEY
Failure to pay promissory note.
Jesse and John Welch agree to pay.
1839
Court of Common Pleas
Judgement Rolls, #2883
Greenville SC
JESSE WELCH vs JAMES SPRINGFIELD
[Real Plaintiff - ELIJAH MOORE]
I confess judgement to the Plaintiff in this
case for eighty five dollars with interest from the twenty fifth day of
January 1838 and consent for execution to go forthwith. 28 October
1839. Signed, JESSE WELCH
1843
Court of Common Pleas
Judgement Rolls #1441
Greenville, SC
ESTER ROSS VS JESSE WELCH and THOMAS STEPP
Assault and battery against ESTHER ROSS' son,
JAMES ROSS.
Found for the Plaintiff.
Defendants to pay $100 fine each.
Transcribed from copies of original documents
by Bennie Lou Hook Altom
20 March 2000.
3 September 1725
King George CoVA,
Court Order Book #1, P.271-272
Will of JOSHUA BUTLER, deceased, presented into court and executorship
granted to his widow, GRACE BUTLER, who entered into bond for her faithful
execution thereof with JOHN PAGE and THOMAS WELCH, her securities.
[King George County VA, Will Book A-1 (1721-1752) and Miscellaneous
Notes, George Harrison Sanford King.]
5 December 1725
King George CoVA
Inventory Book-1, P.57-58
Inventory and appraisement of the estate of JOSHUA BUTLER dec’d..items
valued but not totalled made by appraisers JOHN MARR, JOHN (X) BRADFORD,
CHARLES MORGAN. At a court held 3 December 1725, inventory returned
and ordered to be recorded. JOSHUA BUTLER of King George County made
a will but did not date it. It was presented into court 3 September
1725 by GRACE BUTLER widow and Executrix..admitted to record. Bondsmen
JOHN PAGE, THOMAS WELCH.
[Will Abstracts of King George County VA, Will Book A-1-1721-1752,
Ruth & Sam Sparacio 1986.]
5 February 1726
King George County Court Orders (1725-1728), Page 300
The suit brought by THOMAS WELCH against PETER HEDGEMAN is continued.
[Order Book Abstracts of King George County VA, 1725-1728, Ruth & Sam
Sparacio, Antient Press 1992.]
27 April 1741
Prince William CoVA, Will Book C (1734-1744), Pages 299-300
Inventory of estate of JOHN DUNCOM, deceased. Total valuation 24.17.6.
DANIEL MARR, WILLIAM KENDALL, THOMAS WELCH.
Signed THOMAS (X) DUNCOM, Administrator. Returned this inventory and
appraisement and it was ordered.
[Will Abstracts of Prince William County VA (91734-1744) John Frederick
Dorman, 1956.]
23 April 1743
Prince William CoVA, Will Book C, Page 410
Inventory of the estaate of RICHARD THORNBERRY, deceased. Total valuation
15.12.1. THOMAS WELCH, THOMAS JORDAN, JOHN GARNER. Signed : ELIZABETH (X)
THORNBERRY. Inventory returned and appraisement.
[Abstracts of Wills Prince William County VA (1734-1744), John Frederick
Dorman, 1956.]
10 November 1744
King George County Inventories - Page 316
The inventory and appraisement of the Estate of JAMES JONES deceased
from Prince William County items valued and totaled, 174 pounds 9 shillings
6 pence, includes a Negro man, three women and three girls, a servant man
with 17 months to serve made by appraisers JOHN GARNER, THOS. WELCH,
JAMES TURNER, sworn before JOHN WRIGHT. [Will Abstracts of King George
CoVA, 1752-1780, Ruth & Sam Sparacio, 1986]
28 Jan 1745
Wm Welch of Fauquier to Thomas Hopper of Culpeper crop, hogs, cow,
potts, pann, etc in consideration of 15 lb. due Hopper (FHL Film # 33015
Orange VA Deeds)
23 October 1752
Prince William County Minute Book - Page 71
The Last Will and Testament of THOMAS WELCH proved by the oaths of
JOHN GARNER and PARISH GARNER two of the witnesses who made oath they saw
JANE GARNER the other witness subscribe the same and admitted to record.
JOSEPH BLACKWELL & JOHN BUTLER Executors therein named refused the
burden of the Execution thereof on the motion of JOHN GARNER and JOHN WELSH
they having made oath thereto Certificate is granted them for obtaining
Administration of the Estate with the will annexed in due form. JOHN
GARNER, JOHN WELSH, JEFFREY JOHNSON, & JAMES GARNER acknowledge bond
for the faithful administration of the Estate of THOMAS WELSH dec'd which
is ordered to be recorded. Ordered that JAMES WITHERS, WILLIAM MORGAN,
BENJAMIN
SUTTLE [SETTLE] & HENRY MAUZY or any three of them being first sworn
before some Justice of the Peace of the said County appraise all and singular
the Estate of THOMAS WELSH dec'd which shall be presented to their view.
[Order Book Abstracts of Prince William CoVA, 1752-1753, Ruth & Sam
Sparacio, 1988.]
27 November 1752
Prince William County Minute Book - Page 75
Ordered that JAMES WITHERS, WILLIAM MORGAN, BENJAMIN SUTTLE [SETTLE]
and HENRY MAUZEY be attached for Contempt of the Court's Order in refusing
to appraise the Estate of THOMAS WELSH deceased. Ordered that JOSEPH
HUDNALL, AUGUSTINE JENNINGS, JOSEPH DUNCAN, THOMAS CLANNIHAM or any three
of them being sworn inventory and appraise the Estate of THOMAS WELCH
deceased in current money and the Administrator return the same to the
court. [Order Book Abstracts of Prince William CoVA (1752-1753) Ruth
& Sam Sparacio, 1988.]
26 April 1756
Prince William County Minute Book - Page 65
Ordered that JOHN GARNER and JOHN WELCH be summoned to appear at the
next Court to give an account of their Administration of the Estate of
THOMAS WELCH dec'd Estate. [Order Book Abstracts of Prince
William CoVA, 1753-1757, Ruth & Sam Sparacio, 1988]
1 July 1756
Prince William County Minute Book - Page 144
Ordered that the bond given by JOHN GARNER and JOHN WELSH Administrators
of THOMAS WELSH dec'd to the Court be sued, they not having complyed with
the same in returning an Inventory and a True and Just account of the Administration
of the said dec'd Estate. Signed Henry Lee.
[Order Abstracts of Prince William CoVA - 1753-1757, Ruth & Sam
Sparacio, 1988.]
26 September 1756
Prince William County Minute Book - Page 225
The inventory and appraisement of the Estate of THOMAS WELCH dec'd
is returned and ordered to be recorded. The Sale of the Estate of
Thomas Welch deceased was returned and ordered to be recorded. [Order
Book Abstracts of Prince William CoVa, 1753-1757, Ruth & Sam
Sparacio, 1988.]
25 March 1760
Prince William County Order Book, P. 74
DAVID WELCH vs JOSHUA WELCH, ejectment, jury: Benjamin
Hamrick and others..(TVG 20/41-42). [From Hamrick Family Files.]
27 May 1762
Fauquier County Minute Book, 1761-1762 - Page 248
JAMES GARNER, Plaintiff vs JOSHUA WELCH, Defendant..in Debt this day
came as well the Plaintiff by his Attorney and JOHN BARBEE, Security for
the appearance of the Defendant and the said JOHN prays and has leave to
impart specially to the appearance of the Plaintiffs Declaration until
the next Court and then to plead. [Fauquier CoVA Minute Book Abstracts,
1761-1762, Ruth & Sam Sparacio, Antient Press, 1993.]
28 May 1762
Fauquier County Minute Book, 1761-1762 - Page 249
JAMES BUCHANAN, Plaintiff vs DAVID WELCH, Defendant. In case
this day came the plaintiff by his Attorney and the Defendant altho solemnly
called, came not, judgment is therefore granted the plaintiff against the
said defendant and JOHN WELCH, his Common Bail for what shall appear to
be due unless otherwise agreed. [Minute Book Abstracts Fauquier CoVA, 1761-1762,
Ruth & Sam Sparacio, Antient Press, 1993.]
28 May 1762
Fauquier County Minute Book - 1761-1762 - Page 250
DAVID WELCH, JOHN WELCH, WILLIAM WELCH, JOSHUA WELCH, DANIEL WELCH
and BENJAMIN WELCH, an infant under the age of Twenty One years by the
said DAVID WELCH, his Guardian and next [court] Friend, Plaintiffs versus
JOHN GARNER, Defendant. This Suit abates by the death of the defendant.
[Fauquier CoVA Minute Book Abstracts, 1761-1762, Ruth & Sam Sparacio,
Antient Press, 1993.]
28 August 1762
Fauquier County Minute Book, 1759-1762 - Page 335
DAVID WELCH, et al, Plaintiffs versus JANE GARNER, Administrator and
&c JOHN GARNER, dec'd Defendant. In Case this day came the parties
by their Attorneys and the Defendant prays and has leave to impart specially
to the Plaintiffs, Declaration until the next Court and then to plead.
[Fauquier CoVA Minute Book Abstracts, 1759-1762, Ruth & Sam Sparacio,
Antient Press, 1993.]
24 September 1762
Fauquier County Minute Book, 1761-1762
DAVID WELCH et al, Plaintiffs versus JANE GARNER, Administratrix &c
of JOHN GARNER, dec'd, Defendant in case this day came the parties by their
Attorneys and the Defendant prays and has leave to impart further to the
Plaintiffs declaration until the next court and then to plead. [Fauquier
CoVA Deeds, 1761-1762, Ruth & Sam Sparacio, Antient Press, 1993.]
23 June 1763
Fauquier County Minute Book, 1762-1763 - Page 117
DAVID WELCH et al, Plaintiffs versus JANE GARNER, Administratrix &c
of JOHN GARNER, decd, Defendant. In case this day came the parties
by their Attorneys and Defendant defends the force and injury and pleads
non assumpsit and the trial of the issue is referred until next Court.
[Fauquier CoVA Minute Book Abstracts, 1762-1763, Ruth & Sam Sparacio,
Antient Press, 1993.]
27 Oct 1763
Wm Welch sells to Thomas Hopper of Culpeper Co. (FHL 975.5275 R2q Fauquier
VA deeds 1759-1775 FHL Film # 31583)
25 November 1763
Fauquier County Minute Book, 1763-1764 - Page 231
A mortgage from WILLIAM WELCH to THOMAS HOPPER was proved by the oath
of JOSHUA WELCH to be the account and deed of the said WILLIAM and ordered
to be recorded. [Fauquier CoVA Minute Book Abstracts,
1763-1764, Ruth & Sam Sparacio, Antient Press, 1994.]
25 November 1763
Fauquier County Minute Book, 1763-1764 - Page 232
GAYTON SETTLE, Plaintiff versus WILLIAM WELCH, Defendant. On an Attachment.
Discontinued for want of prosecution. [Fauquier CoVA Minute
Book Abstracts, 1763-1764, Ruth & Sam Sparacio, Antient Press, 1994]
23 March 1764
Fauquier County Minute Book, 1763-1764, Page 261
DAVID WELCH, JOHN WELCH, WILLIAM WELCH, JOSHUA WELCH, DANIEL WELCH,
& BENJAMIN WELCH, Plaintiffs versus JANE GARNER, Administratrix of
JOHN GARNER, dec'd, to wit: BAILY JOHNSON, JOHN ASHWORTH, WILLIAM UNDERWOOD,
WILLIAM NEAVIL, THOMAS HOPPER, STEPHEN MORRIS, MAXIMILLIAN BERRYMAN, ISAAC
ADAMS, EDWARD BALL, GEORGE LAMKIN, JOHN BLAKEMORE, and BUSHROD DOGGETT,
who, being elected tried & sworn the truth to speak upon the issue
joined, upon their Oaths to say that the Intestate in his lifetime did
assume upon himself in manner and form as Plaintiffs have declared and
they do assess Plaintiffs damages by means of the breach of that assumption
to Ten Pounds besides their own costs and Defendant prays judgement on
the Verdict aforesaid and that Judgement thereon may be arrested
[Fauquier CoVA Minute Book Abstracts, 1763-1764, Ruth & Sam Sparacio,
Antient Press, 1994.]
26 May 1764
Fauquier County Minute Book, 1763-1764 - Page 310
MOAB FREEMAN, Plaintiff versus JOHN WELCH, defendant. On
an attachment judgement is granted Plaintiff against defendant for six
pounds and his costs by him in this behalf expended and it is ordered that
the money in the sheriff's hands after satisfying SLAUGHTER's Judgement
be condemned to Plaintiffs use.
MARTIN PICKETT & COMPANY, Plaintiffs, versus JOHN WELCH, Defendant.
On an attachment judgement is granted Plaintiffs against Defendant for
seventeen pounds, thirteen shillings and eleven pence and their costs by
them in this behalf expended; and it is ordered that the money remaining
in the sheriff's hands after paying SLAUGHTERS and FREEMANS judgements
be condemned to Plaintiff's use.
GAYTON SETTLE, Plaintiff versus WILLIAM WELCH, Defendant.
On an Attachment Discontinued for want of prosecution. [Fauquier CoVA Minute
Book Abstracts, 1763-1764, Ruth & Sam Sparacio, Antient Press, 1994.]
25 October 1764
Fauquier County Minute Book, 1764-1766 - Page 29
DAVID WELCH, WILLIAM WELCH, JOHN WELCH, JOSHUA WELCH, DANIEL WELCH,
& BENJAMIN WELCH, Plaintiffs, versus JANE GARNER, Admrx. & c. of
JOHN GARNER, dec'd, arising in that errors in arrest of Judgement filed
in this suit being argued. It seems to the Court that the same are
insufficient to prosecute said Plaintiffs having their judgement against
the Defendants. Therefore it is considered by the Court that Plaintiffs
recover against Defendant their damages aforesaid assessed by a Jury and
their costs by them in this behalf expended to be levied of the goods &
chattels which belonging to the said JOHN GARNER at the time of his decease
and the Defendant in mercy & c. [go in peace.] JOSHUA WELCH, Plaintiff
versus JANE GARNER, Administratrix & c. of JOHN GARNER, dec'd, Defendant
in case by consent of the parties by their Attorneys all matters in difference
between them relating to this suit are referred to JOHN BELL, Gent. And
AUGUSTINE JENNINGS and their Award is to be the Judgement of the Court.
[Fauquier CoVA Minute Book Abstracts, 1764-1766, Ruth & Sam Sparacio,
Antient Press, 1994.]
Compiled by:
22 March 2000
Bennie Lou Hook Altom
9966 Galway Drive
Dallas TX 75218-2821
214-327-9260
Baltom@NovaOne.Net
