Submitted by: Christopher N. Sheap
cnsheap@prodigy.net
Dickerson Burruss and Sarah M. his wife
against
Lewis Snow, Jeremiah Hinton Jr and Virginia B. his wife, Henry D. Snow, John D. Snow Jr., Peter Marcum and Susan Ann his wife, Richard Snow, Isaac Durham and Elizabeth his wife, Wm. O Snow, Mary A. Austin, Agness R. Walton, David S. Maupin and Richard S. Maupin, Defts.
The subpoena in this cause appearing to have been duly executed upon Lewis Snow, and the ---- than two months have elapsed as well since the return day thereof as since the filing of the Plantiffs bill, he has not answered the same: as to the said Lewis Snow, the said bill is ordered to be taken for certified.---And therefore this cause came on this day to be heard upon the bill and exhibits therewith and the answers of all other Defts namely Jeremiah Hinton jr and Virginia B. Hinton his wife, Henry D Snow, John D. Snow Jr, Peter Marcum and Susan Ann Markum his wife, Richard Snow, Isaac Durham and Elizabeth Durham his wife, Wm. O Snow, Mary A. Austin, Agness R. Walton, David S. Maupin and Richard S. Maupin and was argued in by Counsel: On consideration whereof the Court doth adjudge and decree that Benjamin T. Brown, Bernard B. Thompson and James C. Carter be and are hereby appointed commisisioners to lay off by metes and bounds unto Agness R. Walton the one fifth part of so much of the tract of land in the bill mentioned whereof Richard Snow died seized as is not embraced in that part of said tract specifically devised to the said Agness R. Walton. In laying off said land, the Commissioners shall have reference to quantity, as nearly as equality in value will permit, and if it can be done without injury to the other parties, they shall lay off the same adjoining to that part of the tract devised to the said Agness R. Walton. If necessary the Commissioners shall call to their aid the surveyor of the County or any other competent surveyor, and They shall make report of their proceedings accompanying the same, with a plat of the land laid off by them, to the present term of the Court if practicable, and if not, to the next term thereof.
Resolution of the case:
Agnes R. Walton received her one-fifth of the tract of land and it adjoined the land her father, Richard Snow, had left her in his will. The remaining 326a. was ordered to be auctioned and sold to the highest bidder; the money from the sale would have been split among the other 4 interests in his estate. Although the acreage Richard left Agnes in his will is not stated, from the land description it is safe to assume that he left her the home place. It is also interesting to note that Richard's other daughter, Saluda Snow Coleman, is not mentioned as a defendant in the chancery case.
Ed. note: If 326a. was 4/5's of the remaining land, then Agnes R. Walton received an additional 80a. or so, to add to the original tract of land given her by her father.
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