Marion County ScArchives Wills.....Hamilton, Stephen C. February 6, 1902 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/sc/scfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Phyllis R. Thomas http://www.genrecords.net/emailregistry/vols/00016.html#0003785 April 15, 2010, 12:04 am Source: Estates, Roll 2501, Marion County Sc Written: February 6, 1902 Recorded: February 8, 1904 No. 2501 State of South Carolina, County of Marion Probate Court. Ex Parte D.V. Hamilton, Executor In Re. Estate of Stephen C. Hamilton, Deceased. Filed Feb. 8, 1904 The State of South Carolina,) County of Marion ) By P.B. Hamer Judge of Probate. Personally Appeared before me W.S. Ivey one of the subscribing witnesses to the foregoing instrument of writing, who made oath on the Holy Evangelists of Almighty God that he saw Stephen C. Hamilton sign, seal, publish, pronounce and declare the same to be his last Will and Testament: that he was then of sound and disposing mind, memory and understanding, to the best of deponent’s knowledge and belief: and deponent, together with S.S. Rozier and D.M. Carmichael signed their names thereto as witnesses at his request in his presence, and in the presence of each other; at the same time qualified Dayton V. Hamilton as Executor therein named. W.S. Ivey Given under my hand, this 8th day of February in the year of our Lord one thousand Nine hundred and four and in the one hundred and 28th year of American Independence. P.B. Hamer Judge of Probate {Seal} The State of South Carolina,) County of Marion ) I, Dayton V. Hamilton do solemnly swear that this writing contains the true last Will of the within named Stephen C. Hamilton deceased, so far as I know or believe; and that I will well and truly execute the same by paying first the debts, and then the legacies contained in the said Will, so far as his goods and chattels will thereunder extend, and the law charge me, and that I will make a true and perfect inventory of all such goods and chattels. So help me God. Sworn to before me, this 8th day of February A.D. 1904 D.V. Hamilton P.B. Hamer Judge of Probate The State of South Carolina,) County of Marion ) I, P.B. Hamer Judge of Probate for County and State aforesaid certify that the last Will and Testament of Stephen C. Hamilton deceased, was this day admitted to Probate in common form on the oath of W.S. Ivey, a subscribing witness to last Will and Testament, and that Dayton V. Hamilton obtained Letters Testamentary. Given under my hand and seal, this the 8th day of February A.D. 1904 and in the one hundred and 28th year of American Independence. P.B. Hamer {Seal} Judge Probate. I, Stephen C. Hamilton of the town of Dillon in Marion County and state of South Carolina, being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make publish and declare this to be my last Will and Testament that is to say: First:- After all my lawful debts are paid and discharged I give and bequeath unto my wife Sarah A. Hamilton all of the property both real and personal of which I may die seized and possessed to be held and used by her and the rents and revenues of which shall be by her own use and benefit during the remainder of her natural life. Second:- After the death of my wife should there be remaining unpaid any obligation of mine or any encumbrance when any of my said property it is my Will and desire that no division or sale of said property shall be made until after the rents and income from the said property shall amount to a sufficient sum to pay off all such debts or obligations. Third:- When all the debts and obligations shall have been paid off as mentioned in the second paragraph above then it is my will and desire that a fair and conservative estimate of the value of my estate be made, and one fourth part of the value thereof I give and bequeath to the lawful heirs of my deceased daughter Mary Susan Proctor to be paid to them each share and share alike. Fourth:- When my executors hereinafter named shall have carried out and complied with the terms of the second and third clauses of this will I then give and bequeath unto my three sons Dayton V, Stephen A, and Warren K. all of my estate both real and personal to be held by them jointly or divided between them as my (sic) seem best and agreeable to them. Fifth:- I hereby appoint my three sons, Dayton V., Stephen A., and Warren K. to be the Executors of this my last Will and testament hereby revoking all former Wills by me made. In witness whereof I have hereunto subscribed my name and affixed my seal the 6th day of February in the year of our Lord one thousand Nine Hundred and two S.C. Hamilton {Seal} The above written instrument was subscribed by the said Stephen C Hamilton in our presence and acknowledged by him to each of us and he at the same time declared the above instrument so subscribed to be his last Will and Testament; and we at his request have signed our names as witnesses thereto in his presence and in the presence of each other and written opposite our names our respective places of residence J.J. Rozier Dillon S.C. D.M. Carmichael Car " W.S. Ivey Dillon S.C. The State of South Carolina, County of Marion In the Probate Court. In Re. Estate of Stephen C. Hamilton, Deceased. Warrant of Appraisement for Executor. Filed Feb. 8th, 1904 The State of South Carolina,) County of Marion ) By P.B. Hamer Esquire, Probate Judge. These are to authorize and empower you, or any three or four of you, whose names are here underwritten, to repair to all such parts and places within this County as you shall be directed unto by D.V. Hamilton Executor named in the last Will and Testament of Stephen C. Hamilton late of Marion County SC deceased, wheresoever any of the goods and chattels of the said deceased are or do remain within the said parts and places, and which shall be shown unto you by the said D.V. Hamilton and there view and appraise all and every of the said goods and chattels, being first sworn on the Holy Evangelists of Almighty God, to make a true and perfect inventory and appraisement thereof, and to cause the same to be returned under your hands, or any three or four of you, to the said P.B. Hamer, Judge of Probate on or before 8th day of March now next ensuing Dated the 8th day of February Anno Domini 1904, and in the 128th year of American Independence. Judge of Probate’s ) To F.S. Jackson, John B. Hamer, W. A. McCormac, Office. ) J.M. Rozier, J.A. McCormac Book...............) any three or four of them. Page...............) P.B. Hamer, Judge of Probate Memorandum. This 25th day of Feby 1904, personally appeared before me T.S. Jackson, J.A. & W.A. McCormac, in Marion County, SC being three of the Appraisers appointed to appraise the goods and chattels of S.C. Hamilton deceased, who being duly sworn, made oath, that they would make a just and true appraisement of all and singular the goods and chattels of S.C. Hamilton deceased, as shall be produced by D.V. Hamilton Admr Executor of the Estate of the said S.C. Hamilton deceased, and that they would return the same certified under their hands, unto the said D.V. Hamilton Admr Executor within the time prescribed by law. F.S. Jackson J.A. McCormac W.A. McCormac W.A. Blizzard {LS} N.P. The State of South Carolina,) County of Marion ) By P.B. Hamer Esquire, Probate Judge. To all to whom these Presents shall come—Greeting: Know Ye, That on the 8th day of February the last Will and Testament of Stephen C. Hamilton late of Marion County in this State, deceased, was proved, approved, and allowed of; the said deceased having whilst he lived, and at the time of his death, divers, Goods, Rights, and Credits within the State aforesaid by means whereof the approbation and allowing of his Testament and the power of granting the administration of all and singular the Goods, Rights and Credits of the said deceased to me is manifestly known to belong, and that the administration of all and singular the Goods, Rights and Credits of the said deceased, and his Testament, any manner of way concerning, was granted and committed unto D.V. Hamilton named Executor in the last Will and Testament; being first sworn on the Holy Evangelists of Almighty God well and faithfully to administer, and make a full and perfect inventory of all and singular the Goods, Rights, and Credits of the said deceased, and to exhibit the same into the Judge of Probate’s Office, in Marion, S.C. in order to be recorded, on or before the 8th day of March now next ensuing; and to render a just and true account, calculation, and reckoning hereof when thereunto required. In Testimony Whereof, I have hereunto set my hand and seal, the 8th day of February in the year of our Lord one thousand nine hundred and four and in the 128th year of American Independence. P.B. Hamer Judge of Probate Filed 27 Feb. 1904 In Re Estate of S. C. Hamilton, deceased. Inventory and appraisement of personal estate. 1 horse $125.00 1 buggy, harness and robe 35.00 1 one-horse wagon 5.00 1 spade .25 1 hand-saw .25 1 chop-axe .25 1 cross-cut saw 1.50 1 cot .50 1 bed stead .50 1 " " .75 2 rocking chairs .50 1 safe 1.00 1 tray .25 1 table .25 1 chest .25 1 trunk .50 1 valise .25 1 desk .20 1 desk case .50 1 lot of books 2.50 1 clock 1.00 1 bureau and washstand 3.00 2 feather beds 3.00 3 cot mattresses 2.50 2 bolsters .25 4 feather pillows .60 1 cotton pillow .10 _______ Brought for’d $185.65 Carried forward $185.65 _______ 1 bed spring 1.00 5 bed quilts 1.25 1 counterpane .25 4 sheets .50 1 hat rack .10 1 watch and chain 5.00 _______ $193.75 ____________ We the undersigned appraisers of the estate of Stephen C. Hamilton deceased, having been duly appointed, after having been duly sworn, hereby make an inventory and appraisement of the personal property of said estate, as shown to us by the executor thereof according to the inventory and appraisement shown above. Witness our hands this 25th day of Feb’y, 1904. F S Jackson J.A. McCormac W A McCormac Appraisers. In Re Estate of S. C. Hamilton, deceased. To P. B. Hamer, Judge of Probate for the County of Marion, in the State of South Carolina: The undersigned would respectfully petition your Honorable Court that you issue an order for the sale of the personal estate of his testator, S. C. Hamilton, deceased, according to the inventory made by the appraisers on the 25th day of February, 1904, for cash, on such day as may be appointed by the court after due advertisement of the time and place of such sale in the Dillon Herald, a newspaper published in said County. Respectfully, D.V. Hamilton Executor, Est. of S.C. Hamilton Order Sale of Personal Property Filed March 2nd 1904 Probate Court.-Order for Sale of Personal Property.-Administrator.-No. 96. E. Perry & Co., Printers, 149 Meeting Street, Charleston, S.C. The State of South Carolina,) County of Marion ) In the Court of Probate. By P.B. Hamer Esquire, Probate Judge. D.V. Hamilton On due consideration of the petition of qualified Administrat Executor of the last Will and Testament of S.C. Hamilton, deceased; It is hereby ordered that he have leave to sell the personal property of said estate after due advertisement at public auction for cash at the late residence of deceased and file the account Sales thereof for record in this Court. Given under my hand and Seal of Office, at Marion, S.C., this 2nd day of March A.D. 1904 P.B. Hamer Judge of Probate Estate of S.C. Hamilton, dec’d Return of Executors Filed Dec 28, 1904 P.B. Hamer, Judge of Probate Recorded in Book 5. Page 406 S.C. Hamilton, deceased. 1904. Jan. 26th, By 26 days store rent from N.B. McKenzie $15.00 Feb. 1 " 1 month’s room rent (Herbert) 2.00 March 1 " 2 week’s rent 4 rooms R.B. Wallace 4.00 " 1 month’s store rent A.G. Norton 15.00 April 1 " " " " " Max Fass 15.00 May 1 " " " " " " " 15.00 June 1 " " " " " P.P. McCormac 15.00 July 15 " 1 1/2" " " " " 22.50 Sept. 1 " 20 days " " J.C. Carmichael 10.00 " 17 " " " S.M. Bain 8.50 Oct. 1 " 1 month’s rent " " 15.00 Nov. 1 " " " " " " " 15.00 Dec. 1 " 2/3 " " " " " 10.00 " 1/3 " " " D.H. Carmichael 10.00 27 " 1 month " " Bostick Co. 15.00 " 12 " " " Austen Hamilton 96.00 " " " " " Charley Saleeby 180.00 " 2 " " " Britt Bros. 30.00 " 11 " " " " " 220.00 " 12 " " " W.A. Gasque 60.00 " " " " " R.B. McLean 24.00 " 11 " " " E. Schafer 137.50 April 1 " $ale of the personal property of the estate 148.90 -------- Total receipts $1076.40 Expenditures. 1904. Jan. 20 To paid W.H. Hamilton work on roof $ .75 Feb. 10 " " J.C. Easterling repairs on store 18.20 " " S.H. Miller building closet .75 " " M.C. Maston painting and kalsomining 14.41 " " *us Alford putting 80 lights 1.00 " " ?arried forward $ 35.11 Amount brought forward $ 35.11 Feb 10 To paid Britt Bros. load of sand .25 " " W.A. Blizzard B.&L. dues 28.00 " " R.B. McLean for three keys .50 " " Hugh Shaw " 300 lbs, hay 2.25 27 " " T.D. & S.F. Hamilton building fence 2.00 " " J.R. Jordan repairs 1.75 29 " " W.R. Hamilton’s account 3.88 Mar 2 " " Pierce Williams kalsomining 3.00 " " W.A. Blizzard fire insurance 25.00 " " " " B. & L. dues 28.00 " " S.L. Rowell making steps 1.00 " " R.B. Taylor lumber 1.27 " " Dillon Hardware Co. casket and robe 38.00 " " W.A. Blizzard fire insurance 15.00 " " W.S. Ivey trip to Marion probating Will 1.85 " " W. Stackhouse for Hearse 10.00 " " Palmetto Marble Co, bal. on tombs 16.50 " " A.B. Jordan to Herald subscription 1.73 " " Dillon Who. Co. horse feed 11.30 April 2 " " Marvin Stackhouse repairing door .50 " " J.A. McKay fitting in door .50 4 " " Wheeler Hardware Co. bill 23.03 5 " " W.A. Blizzard B.& L. dues 28.00 May 2 " " " " " " " 28.00 " " Tim Gasque putting in gutter 1.10 " " J.L. Bain hauling tombs .50 3 " " Dr. T.J. Weatherly medical bill 21.00 " " Max Fass store lock .75 June 2 " " W.A. Blizzard B.& L. dues 28.00 July 1 " " " " " " " 28.00 Aug 1 " " " " " " " 28.00 " " Pal. Marble Co. for tombs 32.50 -------- Carried forward $446.27 -------- Brought forward $446.27 -------- 1904. Aug. 1 To paid P.B. Hamer, J.P. fees $ 7.75 17 " " P.C. Roofing Co. 16.50 " " freight and drayage on same 2.29 Sept. 5 " " A.B. Jordan advertising 8.00 7 " " P.C. Roofing Co. 16.50 " " W.A. Blizzard B. & L. dues 28.00 " " M.C. McNeill hauling lumber 1.00 Oct. 2 " " R.B. McNeill repairs 4.00 " " J.C. Easterling putting on roof 3.00 " " W.A. Blizzard B. & L. dues 28.00 " " Wheeler Hardware Co. account 3.15 " " Tolar Bros. lumber bill 2.00 " " Bethea Lumber Co. lumber 30.00 Dec. 16 " " Bank of Dillon note 326.09 27 " " J.W. Dillon &Son Co. account 9.07 " " W.H. Hamilton account 12.75 " " Town taxes Town of Dillon 8.53 " " State and County taxes 20.57 " " P.B. Sellers Atty. for Executor 35.00 " " P.B. Hamer for copy of will 1.00 " " P.B. Hamer. J.P. fees 4.25 X X XXX[this line is “X”ed out]XXXXXXXXXXXXXXXXXX " " Com. on receipts of $1076.40 at 2 1/2% 26.91 " " " " " " $998.02 24.95 -------- Total - $1049.88 -------- Total receipts $1076.40 " expenditures $1049.88 Balance due the estate 26.52 -------- -------- $1076.40 $1076.40 -------- -------- State of South Carolina, ) County of Marion. ) Personally appeared before me D.V. Hamilton, executor of the estate of S.C. Hamilton, deceased, who on oath says that the above account of his as executor of the estate of S.C. Hamilton, deceased, is just and correct in every respect and constitutes a true and correct statement of the receipts and expenditures of said estate. Sworn to before me this 28th day of Dec., 1904. P.B. Sellers {LS} D.V. Hamilton Not Pub Executor Sale Bill of Estate of Stephen C. Hamilton D.V. Hamilton, Executor Sale Bill of the Estate of Stephen C. Hamilton, deceased by D. V. Hamilton, Executor, March the 18th, 1904. --------------------------------------- Sale Bill #1 1 horse J.W. Dillon & Son $95.00 1 buggy S.A. Hamilton 16.00 1 wagon " 2.50 1 spade Mrs. Walker Hamilton .15 1 hand-saw Austin Hamilton .25 1 chop-axe Mrs. Walker Hamilton .05 1 cross-cut saw " .30 1 cot Joe Grice .40 1 bed stead S.A. Hamilton .10 1 bed stead Mrs. Walker Hamilton .25 2 rockers Joe Grice .65 1 safe Mrs. Walker Hamilton 1.00 1 tray " .15 1 table " .30 1 chest " .05 1 trunk " .75 1 valise S.A. Hamilton .45 1 desk " .25 1 desk " 1.05 1 lot of books Mrs. Walker Hamilton 3.50 1 clock S.A. Hamilton .85 1 bureau and washstand " 4.50 2 feather beds " 4.25 3 cot mattresses " 1.50 2 bolsters " .30 4 feather pillows " .85 1 cot pillow " .20 1 bed spring Mrs. Walker Hamilton 1.35 5 bed quilts " 5.10 1 counter-pane " 1.05 ------- Carried forward $143.10 ------- Sale Bill #2 Brought forward $143.10 4 sheets Mrs. Walker Hamilton .65 1 hat rack " .15 1 watch and chain S.A. Hamilton 5.00 ------- Total $148.90 ------- J.V. Hamilton Executor. Additional Comments: Transcriber has digital images of these documents thanks to Don Thomas. File at: http://files.usgwarchives.net/sc/marion/wills/hamilton41nwl.txt This file has been created by a form at http://www.genrecords.net/scfiles/ File size: 22.9 Kb