Samuel Barkley, administrator of the late James Barkley’s estate, asks that the estate assets be placed under the “direction and control” of the court and that all creditors be restrained from suing him. Barkley represents that the intestate died with insufficient property to pay all his debts. During his lifetime, James Barkley had embroiled himself in a number of businesses and other financial responsibilities that remained unresolved at the time of his death. For example, he had become the assignee in the execution of a judgment that resulted in his purchasing three slaves, whose title is now being contested by the administrator of Nancy Hall's estate. The petitioner has already sold most of the estate's real and personal property, and he has rendered an account of his administration to date. However, there are not enough assets left in the estate to satisfy the many remaining and conflicting claims, and he believes that the creditors will be “greatly disappointed.” He asserts that he must be “very cautious and circumspect in admitting claims against the estate” and fears that, because there is no legal process by which all the creditors can be brought “face to face” to resolve their conflicting claims, he may very well end up being involved in numerous suits, causing him great trouble and expense. He therefore asks the court to take control of the assets and subpoena all the creditors to present an account of their claims.
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
