Elizabeth Smith Waring, a “spinster” under the age of twenty years, represents that, when her widowed mother, Ann Ball Waring, was preparing to remarry in 1828, she conveyed all her property in trust to Joseph Hall Waring. The property consisted of thirty-two shares of stock in two different banks, cash, a bond, and ten slaves. Joseph Waring, as trustee, took possession of said property and permitted Ann and her new husband, Lawrence Ryan of Charleston, to enjoy the “rents profits hire and income” derived therefrom. However, Joseph Waring surrendered his trusteeship, and William Rice assumed said duties. While Ann and Lawrence Ryan continued to enjoy the profits from the trust until their deaths, the value of the property greatly depreciated over the years; in fact, Elizabeth and her next friend, Charles Scott, charge that the property is still depreciating, due to the “want of proper care and management” by William Rice. The petitioner is now desirous that said trust be divided among her and her mother’s three other minor children: James Lawrence Ryan, Ann Waring Ryan, and Thomas Cormick Ryan. She therefore prays that William Rice be compelled to give an account of his trusteeship and that the property be divided according to the legal rights of the distributees.
Result: Granted pro confesso.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
