Henry Worthy, the executor of Martin Worthy, seek a partition of land and slaves and the appointment of guardians ad litem for each minor involved in the case. The petitioner represents that the said Martin died in 1856, having executed his last will and testament. Worthy's will "devised and bequeathed his entire estate ... to his three children,” each to receive an equal share. Preston Worthy, a child of Martin, has died and is survived by two children, both of whom are minors and lawful heirs to Preston's portion of the estate. Lucinda Worthy Wade, wife of William Wade, has children, all of whom are minors and are entitled to share Lucinda’s portion of the estate. The petitioner "cannot proceed to the division of the estate" because of the legal status of the minors. Therefore, he requests that each minor be appointed a guardian ad litem so that he may execute the will of Martin Worthy. The petitioner further asks that the estate's lands be divided among the heirs since they "cannot beneficially hold and enjoy" the property as tenants in common.
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
