Thomas Collins & ?

!NOTES:
(1) I am not related to this person as far as I know. I am interested in all Collins in Marion Co., SC.
(2) This person is an ancestor of my Aunt Lisa Tindal Campbell.
(3) This person is an ancestor of my Aunt Harriette Richardson Nack.

!REFERENCE:
http://www.martygrant.com/
http://www.martygrant.com/genealogy/collins/

!CENSUS:1790 Georgetown Dist., SC Prince George Parish p 53
Thomas Collins age 16+ (bef 1774)
1-0-4-0-0;

!CENSUS:1800 Marion Dist., SC p. 459
Thomas Collins age 26-44 (1755/1774)
10010-10100-0-0
* Next door to widow Elizabeth Collins (bef 1755);

!NAMED:17 Jun 1805 Marion Dist, SC Inventory Book I pg 87 Estate of Stephen COLLINS of Little Pee Dee. Appr: Thomas COLLINS, Shadrack COLLINS, James MARTIN;

!CENSUS:1810 Marion Dist., SC p. 15
Thos Collins age 26-44 (1765/1784)
21110-20010-0-1;

!TAXLIST:1811 Marion Dist, SC Thomas Collins, 0.70;

!TAXLIST:1814 Marion Dist, SC Thomas Collins, 4.12;

!CENSUS:1820 Marion Dist., SC p. 56
Thomas Collins age 45+ (bef 1775)
111201-40111
Slaves=3000-1110;

!TAXLIST:1824 Marion Dist, SC Thomas Collins, 0.17 and for estate of Crib $29.21;

!CENSUS:1830 Marion Dist., SC p. 12
Thomas Collins age 60-69 (1760/1770)
011000001-100101
Slaves=230100-403100;

!CENSUS:1840 Marion Dist., SC p. 133
Thomas Collins Senr age 70-79 (1760/1770)
0001000001-0110001
Slaves=122000-350300;

!NOTE:See Marion Probate Records Vol I, # 129 Thomas COLLINS Sr;

!PROBATE:Marion Co, SC Probates Vol I # 129 page 109;

!ESTATE:Here is what is listed in Equity Roll # 40 regarding the heirs of Thomas Collins, deceased (typed from the original and shared by Jo Church Dickerson):
Document #1, Bill of Complaint
Marion County, South Carolina
Court of Equity Roll #40

John Collins, Administrator
vs.
Heirs of Thomas Collins
Filed 1841

Transcribed October 1999 by Jo Church Dickerson (jochurchd@aol.com <>)
from the original documents filed at Marion Courthouse, Marion, South Carolina.
Please note that I have attempted to render this transcription as closely as possible to the original documents in spelling, capitalization, and format. I have added paragraph separations, where it seems to aid in understanding the document. I have added a few items of punctuation, primarily a few commas to separate names of individuals. I hasten to add that Solicitor Harllee used an uncommon number of his own commas - most documents of this time period are severely lacking in them. I have not attempted to show superscript abbreviations - I have rendered them in plain type with a period (e.g., Thos. where the final s was in superscript in original document). My comments and guesses at words that are illegible are enclosed in [brackets]. All errors of transcription are my own. I grant full and complete permission for anyone to copy or quote or publish this transcription, so long as I am properly attributed as transcriber, preferably with this paragraph attached. -jcd.

[DOCUMENT #1]

Bill of Complaint
The State of South Carolina } In Chancery
Marion District } Marion District

To the Honorable the Chancellors of the said State. Greeting.

Humbly complaining shewith unto your Honors, Your Orator John Collins, that Thomas Collins late of the District and State aforesaid departed this Life on or about the (blank) day of September August A.D. One Thousand Eight hundred and forty, being seized and possessed at the time of his death of a large real and personal Estate consisting of about Three thousand acres of Land in said District, sixteen negroes and other property in respect to all of which he the said Thomas Collins died Intestate leaving him surviving at the time of his death your orator, his widow and relict Mary Collins, Stephen D. Collins, Thomas Collins, Mary Thompson wife of John Thompson, Olif Rogers wife of A. Rogers, Solomon Collins, Beedy Collins, Jane Collins, and his Grand Children Rebecca Burgess wife of Robert B[urgess?], Elizabeth Wright wife of James Wright, and Mariah [blank], children of Elizabeth Cribb who is dead, daughter of said T Collins, which grand children are absent from and beyond the limits of this State, all of whom claim to be his distributees and heirs and as such entitled each to a distributive share of the said Estate of the said Thomas Collins. ---

And your Orator further sheweth unto your Honors that a short time after the death of the said Thomas Collins he (your Orator) applied for and obtained Letters of Administration on the Estate and Effects of the said Thomas Collins. And your Orator further Sheweth unto your Honors that a short time after the death of the said Thomas Collins - viz on the [blank] day of A D One Thousand eight hundred and forty from the from the Office of the Ordinary for Marion District and by Virtue of his authority and duty as administrator aforesaid, he possessed himself of all the personal Estate and effects of the said Thomas Collins he could obtain, and took upon himself the burthen and administration thereof and that by virtue of an order from the Ordinary of Marion District he has sold all of said personal Estate (negroes included which were on a Credit of one year etc [sic] and that the Lands of which his said father died Seized and posessed are still undivided and unsold. Your Orator further Shew ...

[Copy machine goofed here. Only the left half of the remainder of this page was picked up by copy machine, and I didn't notice till I got it home,. Will complete what I have now, supposing that you might be anxious to see the record, and recopy and resend remainder at a later date, with apologies. -jcd]

to by some of the distributees of said Estate for a...
as Administrator of the Same, That he is perfectly...
with the Parties entitled to said Estate and for...
-ing thereto but owing to the Situation of Some...
consent to said division nor Partition account...
and direction of this Honorable Court....
previous to his death his said father, when he gave...
of taking from them a receipt for the same...
claims to his Real Estate and in some others a...
from Thomas Cribb and Elizabeth his wife he took...
against the said Estate of the said Thomas Collins...
Exhibit A in the exhibit F which shews...
several children - From John Tho...

[page two]
took first a receipt against his real Estate and afterwards one in full for his whole Estate marked exhibit B & C of John Thompsons receipt, which receipts your Orator has heretofore regarded as barring the claim of the Children of said Elizabeth Cribb heretofore named, and the said John Thompson and Mary his wife, he has therefore resisted and still does resist their claim to any portion of the Estate Real and Personal of the said Thomas Collins as he regarded the receipt given for this purpose and still alleges upon a fair construction they should be so decided and not merely as evidence of that much advanced to them --

>From Your Orator, Stephen Collins & Thos. Collins his said father also took a receipt against his Real Estate which receipt is marked D in said Exhibit F for the sum therein expressed, but Your Orator alleges as fact that when said receipt was given it was meant in Consideration of the same given to be only against the Lands then held by said Thomas Collins but the said Thomas Collins, after wards bought a large quantity of lands for some of which he gave negroes & other personal property in his possession at the time of signing said receipt, of which personal Estate he certainly with his two brothers considered that they would be entitled to a portion and which he thinks justifies him in claiming the same so advanced to him as an advance [my? merely?], or that he should have his portion of Lands subsequently purchased as aforesaid by the said Thomas Collins from Stephen D. Collins [Thomas?] Collins he took several receipts which are marked - [TC?]

[Last sentence is added in between the original lines, and difficult to read. -jcd]

Under these circumstances your Orator has proposed that the Lands belonging to said Estate be sold by order of this Honorable Court (as from its location & the number of Heirs it is impossible to divide the same) and that all of them should submit their respective claims to be adjudicated by this Honble. Court, and that a partition of the said Estate should be made in accordance with the Decree of this Court ---

But now So it is may it Please your Honors, notwithstanding the desire of Your Orator to have a Settlement of said Estate in a friendly manner as proposed by Your Orator, the said Mary Collins and the other Children of the said Thomas Collins refuse to comply with the reasonable request of your Orator and the said John Thompson & wife Mary Thompson, Rebecca Burgess and Husband [blank] Burgess, Maria and her Husband [blank] Burgess [sic-jcd], Elizabeth Wright and Husband [blank] Wright, Stephen D. Collins & Thomas Collins combining and Confederating with other Confederates to your Orator unknown (but who when discovered your Orator prays may be made parties Defendants to this Bill of Complaint with proper and apt words to charge them) Still Set up claims as distributees of the said Estate of said Thomas Collins, notwithstanding the receipt in full given by the said John Thompson and Mary his wife and the said Thomas Cribb and Elizabeth his wife, thereby renouncing all claim to [come?] in as distributees thereto & call upon Your Orator for a Share of said Estate & will not consent to a Sale and full and fair division of said Estate as he has proposed ---

Wherefore inasmuch as your Orator is anxious for having a partition and division of said Estate and to have his accounts vouched as administrator aforesaid, and that he may receive his distributive Share of said Estate under the order and direction of this Honorable Court, that each of the distributees & children of Thomas Collins aforesaid do have their proportionate Share of the Same, and inasmuch as it would be necessary to adjudicate the question of such title to distribution so far as regards the said John Thompson & wife, the children of Elizabeth & Thomas Cribb and your Orator, Stephen D. & Thos. Collins as to what they have received before a partition could be made of said Land if it could be made at all, which would be the means of protracting the contin[uance?] & Existence of this proceeding until after next January, when your Orator wishes to come to a final settlement of said Estate, and as he is wholly remidiless without the aid of this Honorable... [line or lines missiing from lower part of this page]

[page three]
To the end therefore that a full and [just?] partition & Settlement of said Estate be had that each one to whom a portion thereof belongs shall have the same, and your Orator have his accounts settled before this Honorable Court, That the said Lands belonging to said Estate be sold, or that a Writ of Partition do issue from this Honorable Court to divide the same, and that all the Children of those claiming to be distributees of said Thomas Collins be Summoned in said proceeding and Your Orator have full and ample relief in the premises may it please Your Honours to grant Your Orator directing a Sale of the Lands belonging to the Estate of the said Thomas Collins or a Writ of Partition directed to five commissioners therein named requiring them to divide and make partition of said Lands in such quantities and proportions to each as they shall be respectively entitled & also directing the distribution of the Personal and other Estate in the hands of your Orator among those entitled thereto in such proportions as they may be respectively entitled, to order the accounts of your Orator to be Submitted to Commissioner of this Honorable County to be passed on by him.

To grant an order of Publication to be made requiring the Daughters representatives of Elizabeth Cribb as aforesaid to plead answer or demur hereto within the time prescribed by Law and also grant your most gracious writ of Subpoena ad [Respondendum?] to be directed to the said Mary Collins, John Thompson & wife Mary Thompson, Stephen D. Collins, Thos. Collins, Olif Rogers, A. Rogers, Solomon Collins, Jane Collins & Beedy Collins, Commanding and requiring them on a certain day and under a certain Penalty therein to be named & set forth to be and appear before your Honorable Court to and upon their Corporal Oath to make full true and perfect answer to all and Singular the matters & things herein alleged & set forth and to which such [entire line on fold is illegible] as to your Honours shall seem meet or to Justice may belong ---
And as in duty bound Your Orator will ever Pray
[signed] Harllee
Complts. Solr.
[Complaintant's Solicitor]

Document #2, Bill of Revivor (NOT Revisor nor revised etc. - jcd)
Marion County, South Carolina
Court of Equity Roll #40

John Collins, Administrator
vs.
Heirs of Thomas Collins
Filed 1841

[DOCUMENT #2]

Jno. Collins Adm'or
vs.
Mary Collins & others
Bill of Revivor
Harllee
Complts. Solr.
Filed 3 January 1842

The State of South Carolina } In Equity Fourth Circuit
Marion District }

To the Honorable the Chancellors of the said State,
Humbly complaining Sheweth unto Your Honors. Your Orator, Jno. Collins, Administrator of all and singular the Goods and chattels, rights and credits which were of Thomas Collins Senr. Decd. That heretofore to wit on the [blank] day of [blank] A D one thousand Eight Hundred & forty one Your Orator filed his Bill in the Court of Equity for Marion District & State aforesaid against Mary Collins widow of said Thomas Collins and and Stephen D. Collins, Thomas L Collins, Solomon Collins, Elizabeth Collins, Jane Collins, Beedy Collins, Olif Rogers & husband, John Thompson & Mary his wife and the children of Thomas & Catharine Cribb & children of said Thomas Collins among other things stating the death of said Thomas Collins intestate and that Your Orator and the said Defendants were the only heirs and legal representatives of said Thomas Collins entitled to his Estate. That the personal Estate of said Collins had been Sold by order of the Court of Ordinary, and that the Lands of said Intestate were Still undivided, and that those entitled thereto were desirous of having a partition thereof by order of this Honorable Court, and that John Thompson and Mary Thompson & Thomas Cribb & Catharine Cribb & their children were barred as your Orator avered by receipts given to said Thomas Collins in his Life time and that others of the said Children had also received advancements by the said Intestate in his Life time, and Your Orator prayed in the said Bill for a Partition and Sale of the said Lands. That the advancements made to the children of said Thomas Collins should be [estimated?] and their respective rights to the said Lands & other Estate Settled by the order of this Honorable Court, and also that the accounts of Your Orator as Administrator aforesaid may be Submitted to and passed upon by this Honorable Court and that he be discharged from his administration there[to?].

And Your Orator further sheweth that all the parties were duly served with a Subpoena ad respondendum, except the children of Thomas and Catharine Cribb, who are out of the State, and that order for publication has been regularly advertised for the Space of three months and no answers were put in by the said Children of Catharine & Thomas Cribb,

and Your Orator further Sheweth that the said Jno. Thompson & wife were duly Served with writs of Subpoena ad Respondendum, and that they put in no answer to Said Bill, and that an order Pro Confesso has been given against them and that the said Mary Thompson, wife of said Jno. Thompson, has Since, to wit, on the [blank] day of November A D 1841 departed this Life, leaving the following children viz; John C. Thompson, Elizabeth Richardson (wife of G.W. Richardson [sic], Stephen Thompson, William Thompson, Jesse Thompson, James Thompson, and an infant -------- who by the Laws of this State are her legal representatives and heirs at Law, and are the only ones entitled to the distributive share of said Mary Thompson, and that in Consequence of the death of said Mary Thompson it hath become necessary to revive this said Suit, which abated by the death of said Mary Thompson and that the aforesaid - - - - - - - - - - children of said Mary be made Parties thereto -

Wherefore in asmuch as Your Orator is remidiless in the Premises without the aid of this Honorable Court. To the end therefore that the said suit & proceedings therein be revived, and that they Stand in the Same plight and Condition as they did prior to the death of the said Mary Thompson and that they - - - - - - - the children of said Mary Thompson be made parties thereto, May it please Your Honors to grant your order reviving said Suit and proceedings and that the same stand in the same plight and condition as they were before the death of the said Mary Thompson and that Your Honors do grant your most gracious writ of

[page 2]
of Subpoena directed to the said John C. Thompson, Elizabeth & Geo. W. Richardson, Stephen Thompson, William Thompson, Jesse Thompson, James Thompson and an infant - - - - - - commanding and requiring them and each of them on a certain day & under a certain Penalty therein to be named to be and appear Before your Honorable Court of Equity at Marion Court House to make on their corporal oaths full true and perfect answer to all and singular the matters and things herein charged, and also to appoint Guardian ad litem to the said minor children of said Mary Thompson, and also grant all such further & other relief as to Justice may belong & to Your Honors may Seem meet & Your Orator as in duty bound will ever Pray & So forth
Harllee
Complts. Solr.
================================================================================

Transcribed October 1999 by Jo Church Dickerson (jochurchd@aol.com <>)
from the original documents filed at Marion Courthouse, Marion, South Carolina.
Please note that I have attempted to render this transcription as closely as possible to the original documents in spelling, capitalization, and format. I have added paragraph separations, where it seems to aid in understanding the document. I have added a few items of punctuation, primarily a few commas to separate names of individuals. I hasten to add that Solicitor Harllee used an uncommon number of his own commas - most documents of this time period are severely lacking in them. I have not attempted to show superscript abbreviations - I have rendered them in plain type with a period (e.g., Thos. where the final s was in superscript in original document). Please note that Harllee also had a habit of not closing his parenthesis! My comments and guesses at words that are illegible are enclosed in [brackets]. All errors of transcription are my own. I grant full and complete permission for anyone to copy or quote or publish this transcription, so long as I am properly attributed as transcriber, preferably with this paragraph attached.
-jcd.

Marty and Karla Grant

www.martygrant.com