Subject: Ordinary From: Steven J. Coker ([email protected]) Date: April 10, 1999 Extract from a letter to Johann Heinrich Böckmann in Sievern. By John Andreas Wagener (1816-1876) Charleston, South Carolina November 8, 1840 "In case of death the law here is as follows: A man is elected for four years by the voice of the people. His title is 'Ordinary.' The ordinary is responsible for the last wills of deceased persons. He appoints an administrator from a group of close relatives, trusted friends, and highest creditors. He does so not at random, but he obeys established laws. After an administrator has been appointed, three people are chosen to assess under oath the value of the estate to the best of their knowledge. The assessments are sealed and attested by a notary, then handed over to the ordinary. Then the administrator has to find three people who give bond for double the amount of the estate's value. The assessors are excluded from giving bond. After this has been settled, the administrator receives order to sell the estate either complete or in parts, depending on circumstances and necessity. The incoming money is earmarked for the length of one year plus one day to cover any debts. At the beginning and at the end of each year, all creditors are requested by means of the public newspaper to send in their bills. Before the year has ended, no penny must be paid because the estate may be too small to cover all debts. In this case, all creditors have equal rights. If the settlement of the estate is prevented by law suits or the like, the administrator has to file a report at the ordinary's." The full text of Wagener's letter is shown in the following publication. South Carolina Historical Magazine Volume 100, Number 1, January 1999. Published by: South Carolina Historical Society 100 Meeting Street Charleston, SC 29401-2299 843-723-3225 -- ________________________________________ / _\ \ \ (_/____________________________________/ \ \ \ Words must be weighed, not counted. \ \ \ \ Steven J. Coker, Webmaster \ \ Coker Forum, http://cokers.org/ \ \ DuBose Forum, http://dubose.org/ \ \ SCRoots Forum, http://scroots.org/ \ _ \ http://collectiblesbyjeannine.com/ \ / )_\ \ \___/_______________________________________/ ==== 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 |