DuBose, Coker, Lavender, Fitzpatrick in Sumter SC - Steven J. Coker
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