Edmund Drake 1820
Rachel Drake and
Minor children of Benjamin Drake decd
By their next friends
John Smith and Sarah Smith and
John Smith and Sarah Smith his wife
(late Sarah Drake)
Widow of Benjamin Drake decd
James Holdridge and Celia his wife
John Drake and
Thomas Dalrymple and his children
Edmund, George, Celia, Phebe Ann
John and Sally
To the honorable the Judges of the board of Equity of the state of South Carolina
Humbly Complaining your orator and oratrix Langdon Drake, Lucinda Drake, Rebecca Drake, John Drake, Rachel Drake, Josiah Drake and Franklin Drake, minor children of Benjamin Drake deceased by their next friends John Smith and Sarah Smith (late Sarah Drake) widow and relict of the said Benjamin Drake deceased and shew unto your honor that Edmund Drake late of Laurens District deceased departed this life in the year of our lord [blank space] intestate leaving a widow who is also dead and intestate and the following children Benjamin Drake, John Drake, Celia the wife of James Holdridge and Sarah Dalrymple wife of Thomas Dalrymple of which children of the said Edmund Drake decd Benjamin Drake is deceased intestate and also Sarah Dalrymple.
Your orator and oratrixes further shew unto your honor that Edmund Drake deceased was in his life and time and at the time of his death legally seized and possessed of a certain tract of land [situate?] in Laurens District containing one hundred and twenty five acres more or less bounded by the land of William Young William Osborne, [Crawford?] and Alexander Winn which said tract of land was liable to distribution among the children of the said Edmund Drake already mentioned and his widow and relict. Your orators and oratrixes further shew unto your honor that Benjamin Drake departed this life in the year of our Lord one thousand eight hundred and seventeen intestate and Sarah Dalrymple is also dead and as your orators and oratrixes believe intestate having left the following children, John, Edmund, Celia, Phebe, Ann and Sally--that Celia Holdridge is still living and also John Drake--who the said John is also proprietor of the said tract of land---and has been for several years--in as much as the said real estate of the said Edmund Drake has never been divided, and as they are entitled to a distributive share thereof, your orators and oratrixes pray this honor the court that a writ of partition may be [just?] to partition and divide the said tract of land, agreeably to the act of the legislature of this state in such care made and provided--and that this said John Drake may be compelled to account to your orators and oratrixes for the yearly value of the [rent?] said land.
To the end therefore that James Holdridge and Celia his wife, John Drake, Thomas Dalrymple and his children Edmund Dalrymple, George Dalrymple, Celia Dalrymple, Phebe Ann Dalrymple, John Dalrymple and Sarah Dalrymple may the answer make to all and [single for the promises]--and particularly whether the said Edmund Drake and his wife are not both dead and as whether they did not both of them die intestate whether the said Edmund Drake was not in his life time and at the time of his death seized and possessed in fee simple of the tract of land described in this bill--whether the said Benjamin Drake did also depart this life intestate about the time specified in this bill--whether he did not leave a widow Sarah now Sarah Smith and the children the complainants in this bill--whether the said John Drake is not now in the possession of this land and whether he has not held that possession for several years and how many--and what is the yearly value of the said land--whether the said Sarah Dalrymple is not also dead and intestate and whether she did not leave her children named in this will and if any others to declare their names.
May it please your honor to grant unto your orators your writ of subpoena of this honorable court--to be directed to the said James Holdridge and Celia his wife, the said John Drake, the said Thomas Dalrymple and his children the said Edmund, George, Celia, Phebe Ann, John and Sally requiring them on a day certain and under a certain penalty therein to be [instructed?] personally to be and appear before you honor in this honorable court then and there to answer to the premises and to [swear?] to and abide such order and [decide?] therin as to your honor shall seem agreeable to equity and good conscience.
South Carolina Washington District
The separate answer of John Drake one of the defendants to the writ of complaint of John Smith and Sarah his wife complainants against John Drake and other defendants.
This defendant for answers unto the said bill or so much thereof as this defendant is advised is material or necessary for him to make answers unto answereth and sayeth he admits that Edmund Drake departed this life intestate [? And or ] twenty years ago leaving a widow Phebe and the children mentioned in this said bill having in his lifetime and at the time of his death possessed of the said land mentioned in this said bill--this defendant states that on the death of said Edmund drake his widow kept possession raised her children that after the defendant arrived at the age of maturity he lived with his mother in one part of the said land and with his labor supported and maintained his mother until six months before her death which took place sometime in the year 1817 or eighteen hundred eighteen. She removed from this defendant and lived with her son Benjamin--that the defendant has purchased the interest of James Holdridge and Celia his wife in the said land and has a title from them for the same--that Benjamin Drake the brother of the defendant also settled on a part of the said land, cultivated, improved and enjoyed the profits arising therefrom. Also from the thirteen or fourteen years which the defendants [?] is such that the share of the rents [?] of the said part of land to which the said Benjamin Drake or his representatives are entitled this defendant admits this and Benjamin Drake departed this life intestate leaving the widow and children as stated in said bill. The defendant prays [? Three words] his reasonable costs.
Sworn before me the 19th of June 1820