Charnal H. Durham, administrator of Robert W. Durham, seeks a partition of the real estate in his late father's estate. The petitioner informs the court that his father died intestate in 1852, "being seized and possessed at the time of his death of a considerable estate real and personal." Citing that his father left a widow and eight children "as his heirs at law and distributees," he reports that he "sold the personal estate of the intestate for the sum of ... $29,043.37." Durham represents that "the intestate in his lifetime made advancements of seven slaves to three of his children" and that one heir is indebted to the estate. He declares that his father owned 1544 acres of land at the time of his death and that "the said premises are now held by the heirs at law of the intestate as tenants in common" and that said heirs "desire that partition of the same may be made, so that they may enjoy their respective interests therein." The petitioner therefore prays that a writ of partition issue for the division of said real estate and that an account "may be taken of your Orator's administration," of any advancements made, and of the indebtedness of his brother, Osmond Durham.
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
