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Note: [v03t2449.ftw]
Following are excerpts from Barnwell County, South Carolina courthouse records:
JACOB SHIPES and wife vs. ZACHEUS PURCELL et. al. Accounting and partition, Filed June 23, 1821.
Zadock Woolley late of Barnwell District, died (blank date) 1809, and owned at his death the following tracts of land in said district; 100 acres granted Daniel Odem who deeded it to deceased September 7, 1787, lying on the west side of the South Edisto river and Spur branch: 257 acres granted Daniel Green who deeded same to deceased November 2, 1803, land on Reaves branch of the Edisto river: 18 acres deeded by Daniel Green to deceased March 26, 1792. 100 acres near said Spur branch granted Edward Miles who deeded same to deceased August 4, 1787: 146 acres on said river, granted John Joyner and deeded by him to deceased December 24, 1795. Also owned certain personalty. The estate descended to the following heirs-at-law: Ann, the widow of said deceased and who later married Zacheus Purcell: and children viz: Vicy, wife of John Fortune, Levina, wife of Owen Odum, Bazel, Ezeikel, Mary, Joshua, Allen, Sarah, Cynthia, and Elizabeth wife of Jacob Shipes: subsequent to death of Zadock Woolley, said Mary and Cynthia died intestate, single and without issue, being minors at their death. The widow became admx. and on June 10, 1809, sold the personal property at auction. and she bid most of the property in: the lands aforesaid were levied on under judgement in favor of Reubin Thomas, and were under levy when deceased died, and were sold a few days after his death, being sold on March 6, 1809 by the sheriff and bid in by the widow for $112.00-- a figure far below the actual value alleged to be $2500.00. Petitioners allege these sales were not legal and were part of the widows plan to get possesion of the whole estate and deprive petitioner elizabeth of her share. Calls for accounting and partition. The answer of Zacheus Purcell sets the fact that prior to his marriage on December 9, 1819, with the said widow, he executed a marriage contract excluding himself from any of the property. The said Ann in her answer says that she never had any plan in mind except to save the property from being sold under judgement to others, and to preserve it for the children, but the petitioners have done all they could to hinder and obstruct her, etc.. On June 5, 1822, a consent decree was rendered confirming the sales into the widow aforesaid so as to vest a life estate in the negroes and lands in her and at her death to be equally divided between all the children aforesaid as in the case of intestacy, and that the share to come to the petitioner Mrs. Elizabeth Shipes, be vested in her free from ant control on the part of her husband.
JACOB SHIPES and wife, et. al vs. EZEIKEL WOOLLEY and ALLEN WOOLLEY, Accounting and partition. Filed October 28, 1825.
Petitioners are Jacob Shipes and Elizabeth his wife, Bazel Woolley, Joshua Woolley, John Fortune and Vicy his wife, Owen Odum and Levina his wife, and John Purcell and Sarah his wife, all of Barnwell District, and the petition makes reference to the above proceedings instituted June 23, 1821. in re: Shipes vs. Zacheus Purcell and wife. The said Mrs. Ann Woolley Purcell has lately died on (blank date) and the slaves and lands are distributable between the said heirs under said decree. The slaves were in possesion of said Zacheus Purcell at the death of his wife, and in violation of the rights of said heirs, he removed them to Alabama prior to his wife's death, and that said heirs being anxious to have them returned here for partition. Gave Power of Attorney to their brother Allen Woolley authorizing him to go to Alabama and repossess said slaves and bring them back here. He repossessed them but instead of bringing them back, he hired them out to parties there, and now gives that if the heirs don't sell them to him on his terms they can go to Alabama to sue him; he is here now but plans to return to Alabama shortly. Eziekel Woolley, another brother, is in possession of the lands and cultivates same and refuses to come to an accounting or partition of the property. The writ of ne exeat is prayed to issue against Allen Woolley restraining him from leaving the state pending adjudication of these matters.
The negroes were evidently returned later to Barnwell District, and they with said lands were ordered sold for purposes of partition: The slaves were sold March 6, 1826 for $1809.00. Some were sold to John Fortune, some to John H. Purcell and some to Owen Odum. The lands were sold to Reverend Darling Peeples; 594 acres for $599.94.
Sources: Huxford Society of Genealogy, Homerville, Georgia.
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