Peter Bacot and Robert Hart seek to settle the estate of the late Mary Brockinton [Brockington]. Brockinton died in 1853 possessed of sundry lands and slaves, which she inherited from her late husband. Prior to her death, she wrote a will in which she "bequeathed sixty six negroes by name to various Persons." The will stipulated that, if any of these slaves "should die or become valueless, that the whole of the Legacies should abate in proportion to their respective value in order to make up such" difference. Finally, the will stated that "the whole Estate should be kept together until" all her debts were settled. Three of the slaves predeceased Brockinton, and another died shortly thereafter. In addition, several of the heirs died, and others had children, who are now legatees. Brockinton owed over $25,000 at the time of her death, and creditors have brought suit against the estate. The petitioners surmise "that the scheme of the will so far as the payment of debts extends is impracticable," as the "lands are much worn and not sufficient for the profitable employments of all the hands." They aver it to be advantageous to sell either part or all of the estate in order to satisfy the debts and then distribute the remainder to the heirs. They pray that a reasonable settlement of the estate be ordered, in which both the creditors and legatees are satisfied. They further ask that the creditors' suits be enjoined.
Result: Granted pro confesso.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
