1) Petition for will to be proven - Chaney Stone & Jefse Briggs October 14, 1816 - William Lancaster O. S. D. 2) Citation read at a meeting of heirs 9 Nov 1816 by Thomas Ray 3) Inventory of estate of Benjamin Couch 31 Dec 1816 by A. Casey, William H. Campbell, James Burk and B. W. Waters. 4)Will was Proven by William Campbell and recorded February 20 1817 by William Lancaster. 5) Handwritten Will. 6) Executor Report (1st Yr. ) January 1,1818 by Chaney Stone 7) Refusal of Executorship on January 5, 1819 by Jefse Briggs. 8) Executors Report by Chaney Stone Jan 1, 18221818 - Payed James E. Henry on December 29 Tuition for a minor ($7.50) 1819 - Paying Dr. George Rofoant 1819 - Payed John Langston on March 5 $8.00 for tuition 9)Delilia Couch Estate (wife of Benjamin Couch) Aug 4, 1835 Levi Couch Administrator in Gwinnett Co. Ga.Estate was divided into 12 parts 12.30 per share
In state of SC
Jeps Couch Cambell & WifeOute of State of SC
Levi Couch Eli Couch James Couch Benj Couch Chaney Couch M. Couch ( Another place it had Matthew) Langston & wife Delilah Stone & WifeNot sure where the 12 share has gone at this time.
10) Assignment of Power of Attorney from Margaret Couch & Avery Stone of Gwinnett Co. Ga. To Levi Couch of same County on Aug 10, 1835 . I think most of these record came from the South Carolina Archive, Spartanburg County Estate Papers file #555. They are bad copy and hard to read. Wished I had a new set. I know they got better copiers now than they had 10 to 12 years ago.
Received: from MHart96@aol.com Bill, I have started transcriping of the estate records of Benjamin Couch, I will send it to you in parts as I finish the pages. Note: The below order may not be the same as was presented in the microfilm file: ===================================================================== Spartanburg County File Number 555 Microfilmed by Micrographics Services of the SC Department of Archives and History Item 1: Typed copy of will ( probably typed be Works Service Administration personal in the Depression): Will of Benjamin Couch I Benjamin Couch of the District of Spartanburg & and State aforesaid do make this for my last will and Testament My tract of land on Lishas [sic-Elisha's] Creek I give to my sons Levy Couch & Ely Couch I Request that my younger Children may be schooled equal to my elder Children I Give all of my estate both real and personal to my beloved Wife - while she remains my widow - when she marrys, I direct that all of my estate be sold at twelve months credit by my executors, and that they do detain in their hands as much as will be sufficient to school my children in manner aforesaid - The balance equally divided between my wife & Children - such of my Children as I have given any thing to the value to be deducted out of their parts, so that each of my Children may have an equal part of my estate - It is my will and desire that as my Children arrives to the age of 21 years or marries, that my wife do give to them what she can conveniently spare in part of what will be coming to them out of my estate, and what ever they so receive to be deducted out of their shares when division is made which is not to take place until the death of my wife - unless she marries.- I appoint Jesse Briggs & Chaney Stone my executors - Witness my hand & seal - 24th april 1816 his Test Benjamin C Couch (Seal) James Link [sic - Lynch] mark Joseph Vines [sic ?] his William W Cambel [sic - Campbell] mark Recorded in Will Book A Page 103 Box 5 Package 20 Recorded the 20th day of February 1817 Wm. Lancaster, O.S.D. Item 2: Typed outside cover identification of above will: Will of Benjamin Couch Recorded in Will book A Page 103 Box 5 Package 20 Recorded the 20th day of February 1817 Wm. Lancaster, O.S.D. Item 3: The original handwritten will - it will not be repeated as it is the same as the above typed will. It is well to note the marks of Benjamin Couch -- it was like a Capital "C". And the mark of William Campbell was like a Capital W". We need to look for these identifing marks on documents to help sort these men out. Item 4: South Carolina } Vis By William Lancaster Ordinary Spartanburgh District } of said District. Whereas Benjamin Couch late of said District desc., died leaving a will with Chancey Stone, & Jesse Briggs named executors therein, who are desirous of proving the will of said desc'd. - These are herefore to Cite the kindred & Legatees of said desc'd to appear before me on the first day of next Court for said District at the Court House, to show cause if any why the will of said decs'd should not be proven in legal form & the executors therein named qualified according to law. Given under my hand and seal the 14th day of October 1816. And in the forty first year of American Independence. Wm. Lancaster (Seal) O.S.D Item 5: Citation to prove the Will of Benj Couch desc'd I certify that I have publicly read this citation at a meeting at the house of the said Benjamin Couch desc'd Given under my hand this 9th day of November 1816 Thomas Ray M.G. Item 7: A true and honest inventory of all the goods and chattels of and personal estate of Benjamin Couch late of South Carolina in the County of Spartanburg District Yeoman, deceased made by us whose names are hereunto subscribed the 31 day of December 1816. $ Purse and apparel ------------------------------- 225.00 Wagon and apparatus -------------------------- 130.00 3 head of horses --------------------------------- 100.00 10 Head of cattle -------------------------------- 59.50 Sheep, hogs, geese, etc. --------------------- 60.80 Household and kitchen furniture ------------ 148.50 Plantation utensils ------------------------------ 29.76 Corn fodder tobacco etc. -----------------258.11 Bacon Pork Leather Saddle etc -------- 57.65 ----------- $ 1049.32 Debts owed the estate 277.50 ----------- 1326.82 A. Casey William W Campbell James Lynch B W Waters Item 8: South Carolina } This last will & Testament of Spartanburg District } of Benjamin Couch desc'd was Proven by the evidence of William Campbell, and is now inserted on record in the Ordinaries Office in said District in Book A. Page 103 - This 20th day of February 1817 By Wm Lancaster O.S.D. Benj Couch Last Will & Testament Recorded Copied Item 9: Annual return of Expenditures of the estate of Benjamin Couch dec'd - for the year ending this first of January 1818. Paid Mosses Casey esq. for qualifying appraisers ----------$1.00 The Ordinary, esq. [?] " " -------- 5.75 -------- $6.75 Chaney Stone Item 10: Spartanburg } District } To the Ordinary of said District This is to certify to you that I do decline serving as an Executor of the Will of Benj'm Couch dec.'d & shall not qualify. 5th January 1819 Jesse Briggs Item 11: Mr Chaney Stone Executor of the estate of Benj. Couch dec'd by me. Expenditures for year ending the first day of Jan. 1822 $ C M 1818 By paying James Henry for tuition of a minor legatee 7 50 - [am't Rec't]? 1819 By paying Dr Geo. Rossan Dec. just to my own knowledge am't. Rec.'t ---------------- 16 75 " March By paying John Langston for 5th Tuition am't Rec't ------ 8 " " ------------------- $32 20 " Chaney Stone Exec. Item 12: South Carolina To Levi Couch, Eli Couch, Jesse Couch, James Couch, Benjamin Couch, Chaney Couch, Sam'l Campbell & wife, Mathew [note Mathew was crossed through and J or S Coptia? written over it] Couch & wife and Peggy Couch Langston and Wife and Delliah [sic Delilia] Couch, and Avery Stone & Wife. You all hereby required to appear at the Court of the Ordinary to be holden at Spartanburg Court house, on the 1st Monday in January next, to show cause, if any one can, why the Real Estate of Benjamin Couch, dec'd located in the District aforesaid and on the Waters of Enoree River said to Contain Two Hundred and Eighty Acres. Should not be sold or awarded, allotting to the parties entitled them or portion share thereof. Given under my hand & Seal this 3rd February 1833 [?] Wm Lnuiesaid [?] Od. D. [Notes on Item 12 by Monte A. Hart: I think this is one of the most important documents in the estate record, but it contains several unanswered question - at least in my mind. I believe it was written in 1833, but the date is almost unreadable. 1. I think the question of which Campbell married the daughter of Benjamin Couch is answered fully here. He was Samuel Campbell, son of William Campbell and Mary (last Name unknown). William was the person who live next to Benjamin Couch and witnessed and proved his will. 2.Why was Mathew Couch's name crossed through and another written above it? I truly can't decipher what the new name is: it appears to be"'J. or S. Coptia", but that is a pure guess. This need som explination. 3. What is the meaning of "Peggy Couch Langston and Wife" ? ^ I take it to mean that this is "Langston and his wife Peggy Langston", but it is confusing in how it is written.] Item 13: ( believe this goes with above document same hand witting) Benj Couch Real Estate 280 acres - on waters of Enoree River bounded by Arch'b Linch [sic Lynch] and estate of of Wm. Cambell [sic Campbell] dec'd., and Mathew Couch Dec.'d Legettes in the state ------------------- out of the state Jesse Couch Levi Couch Cambell [sic Campbell]& wife Eli Couch James Couch Benj Couch Chany Couch M. Couch & wife Langston & Wife Delilia Couch Stone & Wife [Note by Monte A. Hart: The page has a count marked 1111 with cross through twice with a single 1, indicating the count of shares should be 11, how the count of 12 later in 1835 got to be twelve and who the twelfth person was I can't explain.] Item 14: South Carolina } Spartanburg District } Personally came before me Mr Chaney Stone, who being Sworn, Saith that he is acquainted with the balance of the Real Estate of Benjamin Couch dec'd which is now the subject of [p?] action among other representatives of said Dec'd and is of opinion that the same is not worth more than one thousand dollars .- Sworn to & subscribed } Chaney Stone before me 3 Nov 1833 } Item 15: Amount of Sales 257:37 1/2 due on Levi Couch note 69:49 Rec'd on James Couch note 12:40 ------------ 339:26 1/2 amount paid out by Admin 107:57 1/2 ------------- shares 12 231:69 -------------- Each one share 19:30 Levi Couch Administrator of Delelia Couch dec'd has returned to the Court Delilia Couch rec't for Fifty Seven Dollars & 49 Cents & Margaret Couch rec't for Fifty One Dollars & 28 Cents Also Avery Stone for two Dollars & 37 1/2 Cents. The same being a part of their share of their dec'd Mothers estate Georgia } I William Mattbie Clerk Gwinnett County } of the Court of Ordinary for said county hereby certify that the forgoing memorandum is a correct account of the transactions of the administrator (Levi Couch) of the estate of Delilia Couch dec'd Given under my hand this 4th August 1835 Wm. Mattbie C.C.O. [Note by Monte Hart: Who is the 12 person entitled to a share ?] Item 16: Georgia } Gwinnett County } Know all men by these presents hat we Margaret Couch and Avery Stone of the County & State aforesaid for divers good causes & considerations as hereunto moving have made ordained & appointed & by these presents do make ordain & appoint Levi Couch of the County & State aforesaid our true & lawful Attorney for u& serving in our name & for our use & benefit to act demand sue for recovery & receive of & from William Trymar Ordinary of Spartanburg District South Carolina & from all persons who soever [?] who are indebted to us for money received by them belonging to our deceased fathers estate & bequeathed to us in & by virtue of his Said Will & Testament and said Ordinary & other persons are hereby required to deliver said legacy to said Levi Couch & his receipt shall be sufficient discharge from us for the same, and all other sum or sums of money debts, & demand whatsoever which are now due & owing unto us from our deceased fathers estate & from said Ordinary aforesaid; and acquittance or other sufficient receipts & discharges for the same for us & in our name to make seal & deliver; and to do all other lawful acts & things whatsoever concerns the presence [?] as fully & in every respect as we ourselves might or could do were we personally present at the doing there of: ratifying, & confirming & by these presents allowing whosoever our said attorney shall in our name lawfully do or cause to be done in & about The presents [?] by virtue of these present - I witness whence of we have herein to set our hand & affixed our seal this 10th August 1835 her Signed Sealed & acknowledged before me Margaret X Couch (Seal) Wm W. Downs JP mark Avery Stone (Seal) Item 17: Georgia } Gwinnett County } I William Mattbie Clerk of the nferior Court for said County hereby certify that William W Downs whose name appears to the foregoing Letter of Attorney as a Subscribing witness is a Justice of the Peace for said County & that full faith & credit ought to be had & given to his Attestation as such & that the same is in due form - Given under my hand & Seal of Office this 10th August 1835 Wm. Mattbie C.C.O. SEAL Georgia } Gwinnett County } I John M Thompson one of the Justices of the Inferior Court for the County & State aforesaid do certify that William Mattbie whose name appears to the above & foregoing Certification is Clerk of the Inferior Court for said County & that full faith & credit ought to be had & given to his attestation as such that the same is due form Given under my hand & seal this 10th August 1835 - John M. Thompson, J.H. (Seal) =============================================================