John C. and Catherine J. Bethea represent that Catherine’s first husband, Charles Irby, died intestate in the 1830s, possessed of a small estate that included seven slaves. Irby’s only heirs at law are his widow, Catherine, and his minor daughter, Elizabeth. Catherine is the administratrix of the estate, and she has discharged her duties accordingly, “collecting and receiving the estate” and paying the debts. The petitioners are now desirous to enjoy their share of the estate, which has grown to include a child born since Irby's death. They therefore pray that a guardian ad Litem be appointed to represent Elizabeth’s interests and that a writ of partition for the estate be issued.
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
