Subject: DuBose, Coker, Lavender, Fitzpatrick in Sumter SC From: Steven J. Coker Date: August 24, 1998 Sumter Searching BY ELINOR AND RAY PARROTT Published in "The Lavender Line" Volume 1, No. 2 Winter 1982 We have found nothing to tell us why Agnes Fitzpatrick was so generous and gave our Benjamin Lavender of Sumter District, S.C. the certain tract of land and home, etc. for $5.00. We have both studied all these papers and have come to the conclusion that Benjamin never paid Agnes the $1400.00 that he would only have to in the event that he "molested" her in any way. Therefore, back to the same question as to why Manoah Fitzpatrick and our Benjamin Lavender were given that much property and each only had to pay that amount--$5.00. They were apparently the only ones who received anything like that for $5.00. Yet, our Benjamin was not mentioned in the will. Is it possible that Agnes Fitzpatrick was Benjamin's sister? Or even Benjamin's father's sister? (Agnes was living on October 21, 1806, and we don't know when or where she died.) There appears to be some relationship there that we haven't found. Sources: Sumter Deed Bk. BB, pgs. 274-275; Sumter Co. Conv. Bk. B, pg. 29030; Sumter Co. Deed Bk. B, pgs. 3 & 4; Bndle 37, pkg. 6 and Bdle. 38, Pkg. 4. ESTATE OF PETER FITZPATRICK, dated Mar. 9, 1803. Probated by Thomas Rose, May 9, 1803. (Will Bk. A, pg. 26, bundle 37, pg. 6) Item... "to my beloved wife, Agness, all my plantation where I now live containing 180 acres ..." Item... to Peter Fitzpatrick, son of Manoah, a negro girl named Mary, ... to remain in possession of Agness until Peter became 21 yrs. old. Item... to Patrick Ratcliff McCoy 50 lbs. to be lent out at interest until Patrick Ratcliff McCoy becomes 21 years old. Item... 500 acres conveyed to testator by Robert Fullwood, bounded NW, NE & NW by land of Robert Fullwood; SE & SW by Player's land; and SE on Peter Patrick's land to be divided into convenient lots and sold ... Money to be divided between my heirs, Manoah Fitzpatrick, Penelope McCallister, Ann Fitzpatrick, Annah Fitzpatrick, Mary Fitzpatrick and Sarah Adams. Executors: John Frierson, Charles Storey and Thomas Chandler. Witnessed by Thomas Rose, Nelson Graham and William P. McKay ESTATE OF MICAJAH FITZPATRICK, Will Bk. A, pg. 27, Bdle 38, pkg. 4. Dated Feb. 14, 1803. Test. John Player, Feb. 26, 1803. Item... "to my beloved wife, Jemima, I negro named Mymps, 1 negro named Dorkas ... all land except 200 acres on Branch ..." Item... "at the death of my wife, the land to be divided between my five daughters, Anney, Penney, Annah, Susannah, and Mary except for $100 ..." Item... "son, Nathaniel, $100, a bay mare, and a Heiffer named Hard Bargon, 200 acres on Branch, bay mare, saddle, big lot furniture ... to daughter, Susannah, a cow and increase ... to daughter, Mary, a cow and increase." Item... "Son, John, a tract of land where testator now lives and all adjourning land at death of wife, Jemima ... one calf and increase and $100 at age 21 or marries ..." Item... "to Miss Sarah Adams, 1 bed and furniture, 1 heiffer named Rose and increase at my wife's death ..." Deed Bk. 11, pgs. 603-604. Asa Dubose to John Lavender for sum of $46.00. 46 acres lying on Dyalls & Mills Bay, bounded on the NW by Mary Lavender's land, SE by Asa Dubose. All other sides lands vacant & unknown. Witnessed by Theo. Norwood & Malichi Dubose. Probated by J. Baker, Justice of the Quorum. Mary Dubose signed dower rights as wife of Asa Dubose. Dated Feb. 15, 1825 and recorded December 4, 1837. Deed Book II, page 605. Asa Dubose to John Lavender, dated February 16, 1826. John Lavender paid to Asa Dubose $100.00 for 26 acres +/- plus three (3) roads on Dyalls and Mills Bay bounded NW by John Lavenders land and SE by Asa Dubose. All other lands vacant and unknown. Witnessed by Theo Norwood and James Humphrey. Mary Dubose signed dower as wife of Asa Dubose. Probated by J. Baker, J.Q. Deed Book K, page 217. Jepthah Dubose to John Lavender ... Deed of Conveyance ... Three tracts of land on Horse Branch of Black River containing in all 118 acres. Also mill & mill seat formerly known as Howells Mill on Horse Branch. Dated 12-29-1838. Witnessed by Josh Dubose and Patricia M. Gibbons. Elijah Baker, J.Q. probated. Ann (Her mark) Dubose signed dower as wife of Jepthah Dubose. Bundle 30, pkg. 3. Estate of David Dubose ... Appraised at $14,475. Left no will. Mathew James was appointed Administrator. Heirs not mentioned. Year 1818. Nothing more is in estate. Deed Bk. F. page 206-207. Aaron Frierson to granddaughter Susannah Graham Frierson. One negro named Fillis and her increase. Dated Oct. 19, 1819. Witnessed by Robert Gamble and John Frierson. Deed Book B, pages 151-152. Micajah Fitzpatrick and wife Jemima to Lewis Green for the sum of ... 150 acres on Briney Bay near Puddin Swamp, bordering on lands of John Tomlinson and Robert Henderson. Dated July 7, 1802. Witnessed by John Frierson and Aaron Frierson and John (his mark) Welch. Bundle 123, Package 13. ESTATE OF NANCY COKER (Note: Nancy Coker was Agnes Lavender, daughter of Benjamin Lavender/McMaham of Sumter District, S.C.) Died Dec. 27, 1844. Executor: John Lavender (her brother). Heirs at law not mentioned. John Lavender paid to Thomas MeElveen $525.99, and to James M. Coker, $520.33. John Lavender applied to be appointed Executor on Jan. 2, 1845, and was appointed on the same day. Appraisers were Sugar B. Coker, Henry J. Smith, and William E. McKnight. ESTATE OF ZACHARIAH DUBOSE, Bundle 29, pkg. 3, Died intestate in 1825. ESTATE OF SUSANNAH DUBOSE, died Aug. 1837, wife of Zachariah Dubose, Bundle 28, pkg. 7. Appraisers of Susannah's Estate were John McElveen, Thomas Kennedy and E.J. Goodman. The estate was appraised at $1,063.08 3/4 and signed by Seborn J. Dubose as Administrator of the Estate. Heirs at Law were James B. McElveen, Ephraim Howell, Abigail Dubose, Seborn J. Dubose, Mary Matilda Dubose who married Ephraim, Louisa T. Dubose who married Benjamin Lavender, and Addison Dubose, and grandchildren of Zachariah and Susannah Dubose, Caleb Calhoun and Benjamin Dubose (minors) who were children of Benjamin Dubose and his wife, Elizabeth (Lavender) Dubose. Robert E. Dubose by his mark and James Green deposed that land of the estate of Susannah Dubose be sold and money divided between heirs of the estate. (Benjamin Lavender purchased several items at the auction sale of her personal property.) Appraisers of Zachariah Dubose's estate were John Frierson, Littleton Dennis, Ervin J. Goodman and William Kennedy. Addison Dubose brought suit against Seborn J. Dubose because he thought that Seborn had not distributed all the property of the estate and had used some for himself. Appraisers at that suit were William Seneath, John Frierson, Sr., John McElveen and William Kennedy. The land of the estate of Susannah Dubose was sold at public auction by Sheriff W.L. Richardson of Sumter District, to Michael Gibbons for $595. An Execution was lodged with the sheriff on Nov. 6, 1837 and the sheriff was directed to make title to the land to Addison Dubose on Dec. 4, 1837. This is an extensive estate on Zachariah and Susannah Dubose, but an informative one. The estate shows that Louisa T. Dubose Lavender's name was Louisa, but on as Lieuzer in some places and Louisa in others. The mixup in the names Louisa and Lavinia resulted from a clerk spelling the name "Lavinia" in the final closing of the estate. [see new note #2 below] The papers also show that the widow of Benjamin Dubose, Elizabeth, married James B. McElveen, and that Caleb Calhoun and Benjamin were sons of Elizabeth and Benjamin Dubose. Ervin J. Goodman was appointed Guardian Ad Litem of Caleb and Benjamin Dubose. The above was taken from microfilm at Sumter Co. Courthouse, Sumter, S.C. The following are excerpts from a transcription of microfilm of the above papers by W. Esmonde Howell of Sumter, S.C. Names of purchasers of personal effects of the estate of Susannah Dubose were Thos Welch, Jr., John Brand, Sam'l Welch, Sr., Council Philips, Michael Gibbins, Ephraim Howell, John Morris, James McElveen, Ben Lavender, John Coker, Stephen D. McCoy, Lewis M. Green, Sam'l Wheeler, with Seaborn J. Dubose signing as Administrator. SUMTER IN ORDINARY, A. Dubose vs S. J. Dubose, S.C. Sumter District: To Siborn I. Dubose administrator of the Estates of Zachariah and Susannah Dubose, decd. Whereas Addison Dubose an heir at Law of said estates has filed his petition in the Court of Ordinary praying that you the said Seborn I (J) Dubose may be cited to account for your administration of said Estates... Dated 16 Oct. 1839. TO WILLIAM LEWIS, ORDINARY OF SUMTER DISTRICT: The petition of Addison Dubose shewith that he is an heir at law of the estate of Zachariah and S. Dubose... PETITION OF SEBORN DUBOSE FOR PARTITION OR SALE OF LAND OF SUSANNAH DUBOSE, decd. Filed Oct. 9, 1837: ... the petition of Seborn Dubose ... shewith that Susannah Dubose, his mother ... departed this life in August 1837... left as heirs... children Seborn Dubose, Mary Dubose who intermarried with Ephraim Howell, Abigail Dubose and Louisa T. Dubose intermarrying with Benjamin Lavender, and Addison Dubose and her grandchildren Caleb Calhoun Dubose and Benjamin Dubose minors, the children of her son Benjamin Dubose who died in the life time of the said Susannah Dubose. ... that Benjamin Dubose who has departed this life intestate left as his heirs at law his widow Elizabeth since intermarried with James McElveen... (Part of above petition.) SUMMONS IN PARTITION, Nov. 2, 1837: We whose names are hereunder written do accept Service of the within Summons in Partition, Nov. 3, 1837: Seborn J. Dubose, Zilpha Dubose, Benjamin Lavender, Lieuezar T. Lavender, Ephraim Howell, Mary Howell, Addison Dubose, Abigail Dubose. To Ervin I. Goodman: I do hereby appoint you guardian ad litem of Caleb C. Dubose and Benjamin Dubose and others if any of Legal Heirs of Susannah Dubose deceased. Dated Oct. 16, 1837. Document not dated: J.B. McElveen having married Elizabeth Dubose widow of Benjamin Dubose can only be entitled to one third of her third (she being dead) and the balance of a full share to go to Caleb C. Dubose and Benjamin Dubose children of Benjamin Dubose whose widow MeElveen married. (Apparently written 1840.) SUMMONS IN PARTITION dated 10 Oct. 1837: ... real estate of Zachariah Dubose deceased situate in said district on horse branch and containing three hundred and twenty nine acres more or less Bounding lands of Turner Coker, Jesse Floyd, Manoah Patrick and Estate of Johnson, deceased. Originally granted to Uzzell Goodson. (Note: Turner Coker is also mentioned on one of the other papers.) ---------- Notes added by Steven J. Coker, August 1998. 1. Forgiving transcription errors, spelling is shown sic in the Lavender Line article. 2. She signed her name as "Lieuezar T. Lavender" twice on November 2, 1837, on two separate copies of the acceptance of service of Summons In Partition. In the petition dated October 9, 1837, of Seborn Dubose requesting partition of the estate, her name is shown as "Louisa L. Dubose since intermarried with Benj Lavander" and again as "Louisa T. Dubose since intermarried with Benj Lavander" at a later point in the petition. In the second version showing the middle intitial of T, the middle initial was originally written as L then T was overwritten in its place. ==== SCROOTS Mailing List ==== Go To: #, A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, Main |