Elizabeth Surginer, widow of John Surginer, asks the court to compel Martha Scott, her former daughter-in-law, to give security on the payment of an annuity that Surginer's late son, William, set up for her during her widowhood. Surginer explains that, after her husband's death in 1817, William convinced her to relinquish the land and ten slaves that she derived from her husband's estate to him in exchange for an annuity of $725 that he would pay her during her widowhood. After William died in 1821, his widow, Martha, married Joseph Scott, and Hugh W. McNary took over as security on a bond for the payment of the annuity. Joseph Scott died soon thereafter, and Martha and McNary became administrators of his estate. The petitioner now reports that Scott is converting her property into money and that both Scott and McNary have expressed their intention to leave South Carolina. Neither, however, is willing to secure the receipt of her annuity as it becomes due. She asks the court to detain the pair in South Carolina until they formalize their intent to uphold the terms of her original agreement with William Surginer.
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
