The family trees for McDowells originating in South Carolina are mainly grouped around the South Carolina Counties or, better said, Districts that existed in or about the year 1800. Previously, the Carolina Colony was separated into North and South Carolina in 1712. At that time, South Carolina was roughly divided into four counties running from the northeast to the southwest at approximately forty-five degree dividing lines running northwest to southeast, namely: Craven, Berkeley, Collecton, and Granville Counties. The boundary lines for these counties were never agreed upon and were more approximate descriptors than anything else. And, of course, over time, new counties were formed as well as districts. The bottom line of this turmoil through the decades of the 1700s is that it is a challenge to properly locate exactly where various McDowells were located. Furthermore, the border between North and South Carolina was in dispute during most of the 1700s.

John McDowell - Esther MNU

James McDowell - Susannah Merritt

Alexander McDowell - (Martha Bonny)

Andrew McDowell - Pamela Cleary

Archibald McDowell - Mary Drakeford

George McDowell - Mary MNU

Hugh McDowell - Isabella Neill

James McDowell - Agnes Davidson

John McDowall - Barbara MNU

William McDowell - Elizabeth Collins (McGregor)

Alexander McDowell - Jane Lavender/Lathan

John McDowell - Unknown

Henry McDowell - Jane MNU

Alexander McDowell - Mary MNU

Thomas McDowell - Margaret MNU

James McDowell - Mary (Atkins)

William McDowell - Susannah Ruble

David McDowell - Elizabeth Scott

William McDowell - Sarah MNU

John McDowell - Elizabeth Barbara Henry

William McDowell - Ellen MNU

APPENDIX I: Complaint of John and Sarah Black

APPENDIX II: Court Cases of James McDowell

APPENDIX III: Court Cases of McDowell and Blair

APPENDIX IV: Suits of Patrick McDowall Administrators

APPENDIX V: Court Cases of William McDowell

Parents: Unknown

An unknown McDowell and wife who likely lived and died in Scotland — but possibly moved to South Carolina — had the following three identified children. Grace is proven by the Will of Alexander.

Parents: Unknown

Patrick McDowell [c1760 - August 1807] married Agatha Conway [Aft 1774 - c1808]. According to an 1818 petition and other records, they had five children.

James M. Creswell apparently died and Janetta married a Watts. Her 1819 Will names her as the aunt of Patrick McDowell's children which agrees with her being a daughter of Edwin Conway and sister to Agatha who married Patrick McDowell. The Will of Richard Watts names Harriet McDowell as a witness.

Their daughters appeared in the following census records.

Master in Equity to James McCracken, Alexander Sinclair, James McDowall } Conveyance under Decree in Equity of 3 Lots of land Situate in Cambridge in Abbeyville District
See Exhibit C for discussion of court case. Sold lot No. 54 measuring 34 feet on Broad Street and 208 feet deep. Also, adjoining lot No. 55 measuring 104 feet on Broad Street and 208 feet deep. Also Lot 58 measuring same as lot 55.[KM Abstract]

NewberryBillsEquityPapers:[Loose Papers] 6 May 1813

Cambridge 12^th January 1817
Gentlemen, I have sold the house and lot in the place late the property of Mr. Patrick McDowall for the sum of fifteen hundred Dollars payable in one, two, three, four, and five years, the two first installments without interest, and the three last to bear interest, which will make in all the interest included fifteen hundred and ninety three dollars. The sale I have made includes part of lot No. 54 where the House stands, say twenty four feet on Broad Street by two hundred and eight feet back, and a half acre lot adjoining it on the west side, measuring one hundred and four feet on Broad Street and two hundred and eight feet on Gannard Street bounded west by land belonging to the estate of Abram G. Dozier Dec^d. I have reviewed a half acre lot belonging to said estate on Pinckney Street which I expect will bring from seventy-five to one hundred dollars. I could not have rented the house and lot for much over one hudnred dollars and all that would be wanted present for repairs this present year beside this the house was liable to be burned down and the lot would bring but little. These things I mentioned to you when in town and you thought it most advisable to sell the price of the property in bank stock is much shurer for the Children than in its present state. The purchaser is Benjamin H. Whitner Esqr. I will require of him approved personal security. You will be pleased to call on the Master in Equity Chancery of the title of the part I have sold as decree bear naming the purchasers names blank for us to insert, have it probated and include it to me. I hope the sale will meet your approbation be assured I thought it for the best. With very much respect, your Obt. srvt

Cambridge 14^th July 1814
Dear Sir,
Your favor of the recent instant is before me. It is not in my power to say for certain whether Mr. Edward Gairdner acting as the attorney of Edward Pennian over execution a title for the lands on Edis to or not. I never saw any such title but as his Gairdner made some sales of land to Mr. Alexander McDowell in Charleston it is impropible for me to say. Mr. Jamus Head called on me a year ago or more on the same business. I never saw the Power of Attorney from Edward Pennian to Edwin Gairdner but think there was certainly one made which probably may be recorded in Edgefield, however I will make more inquiry about Mr. Gairdners power. I have received Mr. Sinclairs letter inclosing the Blair tract which I will attend to. I have sent by Mr. Wilson $560 received of John Cook for the estate of Mr. P. McDowall. Mr. John McGehee with whom the boys stays called on me last Saturday for forty dollars which I paid him in part of bord and tuition. I have intended to make the rent of the house pay for bord &C but was not at present due, the balances of Mr. Cooks debt. I will enclose by mail as soon as I receive it. I have not seen the Miss McDowalls lately but expect they are well. You will please acquaint Mr. Cogdell that I received his letter and will write him soon but wish to see the young ladies first, all the letters addressed to them at this office duly arrived and were sent on to them, but as they are at Mr. Black's sometimes and others at Mr. Watts, they do not always get these letters to a day. Mr McGehee says the boys are improving. Mrs. McCrackan tenders you her respects. Accept my best wishes and believe in.

NewberryBillsEquityPapers:[Loose Papers]

Charleston 14^th June 1817
James McCrackan Esqr
Dear Sir
After much delay and plague I have at last obtained the titles to the property purchased on account of the Children which I herein enclose you, together with power from James McDowall and myself for you to sign for us any conveyance you may make. I cannot at present spare the original titles but suppose they will not be wanted but if they are necessary I suppose the records will supply their want. The bond and Mortgage you take for the sales you will file and take in your own name, James McDowall and my names which we can transfer afterwards if necessary. I am anxious to have the lands sold to best advantage and have the price as timely to yourself. I enclose you the titles of the 275 & 210 acres, the plat of 202 acres must yet be at Cambridge as it was not received along with the other papers. If you should be able to dispose of the lands you may give such credit as you may think proper, only let the payment be well secured as the whole is intended as the house and lot, trusting you will excuse me for the trouble and the money I have given you. I answer over the other side a list of the purchases made by yourself, James McDowall and myself and notes left to your disposal by the power of Attorney enclosed with must respect. I am Sn Y'rs.

Purchases made No. 54 at the C House in Cambridge Abeville Dis^t
55 ditto
58 ditto
275 acres land in Pendleton Dist.
210 ditto
202 ditto
P.S I have sent special to Miss Charlotte McDowall your card which pleads forward to her.

NewberryBillsEquityPapers:[Loose Papers]

Master in Equity to James McCracken, Alexander Sinclair and James McDowall } Conveyance under Decree in Equity of several tracts of land in Pendleton District
Whereas Harriett McDowall, Charlotte McDowall, Agatha Conway McDowall, Patrick McDowall and James McDowall minors by James Blair their next friend and guardian on 6 March 1812 did exhibit their Bill of Complaint in Charleston against James McDowall and Langdon Cheves qualified Executors of Alexander McDowall deceased wherein amongst other allegations they set forth that Patrick McDowall their late father died lawfully and rightfully seized and possessed of the lots herein below particularly described which was totally unproductive to them and which they wished to be sold but that as the said Langdon Cheves and James McDowall pretended to have some claim or interest therein which however in reality was totally unfounded, they prayed the said Court that the said Langdon Cheves and James McDowall might set forth their said claim and or refusal to join in such sale, and that the said lots of land should be sold by the master of the said Court, and the said Executors having put in the separate answer to the said bill the said Langdon Cheves declared his ignorance of the circumstances set forth in bill and submitted himself to the Discretion of the said Court, and the said James McDowall admitted all the allegations as set forth in bill to be within his own Knowledge, and also that it would be for the benefit of all interested therein that the said lots should be sold by the said Master for the purposes prayed for in said bill. … and court ordered to be sold and sold on 6 May 1813 by William Hasell Gibbes, Master of Equity for Charleston to James McCracken, Alexander Sinclair and James McDowall for $303.89. 275-acre tract of land in Pendleton District on Little Beaver Dam granted to Alexander McDowall on 2 March 1788, surveyed on 4 May 804 by William Dunlap DS bounded by lands of Joseph Duck, Peter Elred and Moses Tomlin. Also, 210-acre tract in Pendleton on a branch of one mile creek granted to Alexander McDowall on 2 June 1788. Also 202-acre tract in Pendleton, boundaries unknown. Sale includes all the rights and so forth of heirs and representatives of Patrick McDowall & Alexander and of all the parties to this suit.

NewberryBillsEquityPapers:[Loose Papers] 6 May 1813

Benjamin Gibbs Receipt
Richard Watts & Ja^s McCracken for Est^a of Pa^t McDowell
Bought of W.H. Gibbes, Master in Equity
1813
May 6. Lot No. 54 in Cambridge, Abbeville, Dist. – $155
" No. 55 Do – 60
" No. 58 Do – 90
" 275 acres of land in Pendleland Dist @37 cents per acre – 96.25
" 210 do do @20 cts – 42.
" 202 do do 82 – 165.64
$608.89
1813 July 30^th Rec^d the above Amount by the hands of Mr. James Blair

Exhibited in the __ Exors of Patrick McDowel

NewberryBillsEquityPapers:[Loose Papers] 6 May 1813

Power of Attorney from Alexander Sinclair and James McDowell to James McCrackan of Cambridge SC … in our Name to grant, bargain, sell and release unto any person or persons whomsoever, all our right, title and Interest, of, in, or to, three Lots of Land in Cambridge in the District of Abbeyville, and also to sundry tracts of Lands in Pendleton District, formerly belonging to Patrick McDowell Deceased, and bought by these constituents and the said James McCrackin at the Master of Equity's sales 6 May 1813, and that purposes to make and execute the necessary acts … required of PoA.[KM Abstract]

NewberryBillsEquityPapers:[Loose Papers] 13 June 1817

South Carolina. Pursuant to the request of William Caldwell, I have admeasured and laid out unto the Heirs of Alexander McDowal Deceased a Tract of Land Containing four Hundred and ten Acres, Originally granted to Robert Phillips for 300 acres the 23^rd of June 1774, Situated in Spartanburgh District on Williams Creek a Branch of South fork of Tygar River Bounded by Lines running SW on John Muckelraths and James Langfords Land, SE on s^d Langfords Land, NE & NW on David Culbersons Land and hath such shape form and marks as the above Plat represents surveyed this 13^th day of August 1819. Marmaduke Coate DS. Wm Hendrakes, Wm Jones.

NewberryCourtPetitions(1818-1821):[Loose Papers]

South Carolina. Puruant to the request of William Caldwell Esq^r I have admeasured and Laid out unto the Heirs of Alexander McDowal a Tract of Land Containing Four Hundred and fifteen acres it being a Tract Originally granted to Robert Phillips for 300 acres the 23^rd June 1774, Situtated in Spartingburgh District on the Boundary Line on the South Side of Middle Tygar River on the waters of s^d River Bounded as above represented and hath such shape form and marks as above represented. Resurveyd this 14^th day of August 1819. Marmaduke Coate DS. William Adkins, John McMaking } Chain Cariers

NewberryCourtPetitions(1818-1821):[Loose Papers]

South Carolina. Pursuant to the request of William Caldwell Esq^r I have admeasured and Laid out unto the Heirs of Alexander McDowal a Tract of Land Containing Three Hundred and Seventy One Acres, it being a Tract of Land originally granted to Robert Phillips for 300 acres the 23^rd June 1774 Situate in Spartingburgh District on the waters of the Middle fork of Tygar River Bounded by Lines running SE on Elisha Thompson & Edward Smiths Land, NE on S^d Smith and James Runnels Land, NW & NE on on John M. Collens Land, NW on John Cantrels Land, SW on s^d McDowals Lands and hath such shape form and marks as the above Plat represents, resurveyed this 19^th day of August 1819. Marmaduke Coate DS. Alexander McMaking, John McMaking } Chain Carriers

NewberryCourtPetitions(1818-1821):[Loose Papers]

No. 3. In Equity 1818 Newberry District
Ex parte Charlotte McDowell, Agatha McDowell, Patrick McDowell & James McDowell petition for a guardian. O'Neall Soli^r The State of South Carolina, Newberry District } In Equity. To the Honorable the Judges of the Court of Equity. The humble petition of Charlotte McDowell, Agatha McDowell, Patrick McDowell and James McDowell sheweth that they are infants under the age of twenty one years the said Charlotte and Agatha being over the age of twelve years and the said Patrick and James under the age of fourteen years. That your petitioners are entitled to a considerable real and personal estate, and having neither father nor mother alive and desirous that their brother in law William Caldwell Esquire should be appointed their guardian. Wherefore your petitioners pray your Honors to appoint William Caldwell Esquire guardian of their personal and estates and your petitioners will pray.

On hearing the petition, and the said Charlotte & Agatha having in open Court chosen Wm Caldwell Esqr as their guardian and the said William Caldwell Esqr having signified his willingness to accept the appointment of guardian as well for the said Charlotte and Agatha McDowell as also for the said Patrick and James McDowell on motion of John N. O'Neal Solicitor for the petitioners, It is ordered that Wm Caldwell Esqr be appointed guardian of the persons and estates of Charlotte, Agatha, Patrick, and James McDowell and that he give bond and security to the Court in double the amt of their estates for the faithful discharge of his duty.

NewberryCourtPetitions:[Loose Papers] Filed 12 June 1818

Guardian Bond for William Caldwell with surety John Caldwell of $10,000 for the estates and effects of Charlotte McDowall, Agatha McDowall, Patrick McDowall & James McDowall with witnesses R.F. Simpson and W. Wilson. Signed: W. Caldwell, Jno Caldwell. Copy dated 20 May 1825.[KM Abstract]

NewberryBillsEquityPapers:[Loose Papers] 17 April 1819

1819 38 In Equity Newberry District
Ex parte Wm Caldwell & wife & others } Petition for partition.
O'Neall & Johston pro petitioners.
The State of South Carolina, Newberry District } In Equity. To the Honorable the Judges of the Court of Equity of the said State. The humble petition of William Caldwell and Harriet his wife, and the minors Charlotte McDowell, Agatha McDowell, Patrick McDowell & James McDowell, by William Caldwell guardian of their persons and estates shewth, That Patrick McDowell late of the City of Charleston departed this life intestate on or about the [blank] day of [blank] in the year of our Lord one thousand eight hundred and [blank] leaving five children your petitioners, being in his lifetime and at his death, possessed of a considerable personal estate, all of which has been sold by the Admors of the said Patrick except a Negro woman named Rose and her child Sophia who were delivered over to you petitioners by the admors. And your petitioners further shew your Honors that it would be the most to the interest of your petitioners that the said Negro woman Rose and her child Sophia should be sold for partition amongst your petitioners. Wherefore your petitioners pray you honors that the said Negro woman Rose and her child Sophia may be decreed to be sold by the commissioner of this Honorable court, for the purpose of making partition and division of the same between and among your petitioners. And your petitioners will pray.

NewberryCourtPetitions:[Loose Papers] Filed 9 January 1819

William Caldwell Receipt as Guardian for the within named persons May 1^st 1819
Received Charleston May 1^st 1818 from James McDowall one of the Executors of the Est. of Alex^r McDowall deceased the sum of sixteen hundred dollars on account of a Dividend made this day by me to the Legatees of the above named Estate. This sum to be divided share & share alike to the following persons viz

The payment of the above sum of sixteen hundred dollars made in the following manner viz

Which when the above named notes is all paid will be on acc^t of the above named Legatees dividend in the Estate of Alex^r McDowall

NeberryBillsEquityPapers(1830-31):[Loose Paper]

William Caldwell Receipt as Guardian for the Wilkin Legatees to Est of Alex^r McDowall May 1^st 1820
Received Charleston May 1^st 1820 from James McDowall one of the Executors of the Est. of Alex^r McDowall deceased, the sum of Eleven Hundred & Eighteen dollars fourteen cents being the amount of a dividend made this day of the funds of the Estate in my hands to the following Legatees share & share alike.

On account of the above named Legatees dividend in the Estae of Alex^r McDowall

NeberryBillsEquityPapers(1830-31):[Loose Paper]

William Caldwell Guardian in acct with Charlotte McDowall, Agatha McDowall, Patrick McDowall and James McDowall (minors)

South Carolina, Newberry District } You swear that the within return by you made as guardian of the minors Charlotte McDowall, Agatha McDowall, Patrick McDowall and James McDowall is just and true to the best of your knowledge and belief so help you God. Sworn to & subscribed 13 July 1818

Examined and filed 13 July 1819. T.B. Higgins Com^r

NeberryBillsEquityPapers(1830-31):[Loose Paper]

Amount of Funds collected by Wm Caldwell Guardian of P. McDowells Heirs

NewberryBillsEquityPaper(1830-31):[Loose Papers]

Patrick McDowall per Guardian Wm Caldwell
[Account list date 25 April 1818 to 16 January 1819]
Rec^d May 7^th 1819 of William Caldwell Esq^r Eleven dollars 81¼ in full for the above acct.

NewberryBillsEquityPapers(1830-31):[Loose Papers]

Mr. Patrick McDowall
[Account list of 18 payments dated 1818 to 1824]
C^r on Day Book May 21, 1818 – $62.37½
Interest from same Date

NewberryBillsEquityPapers(1830-31):[Loose Papers]

Mr. James McDowall per Guardian Wm Caldwell
[Account list dated 25 April 1818 to 16 January 1819]
Rec^d May 7^th 1819 of William Caldwell Esq^r thirteen dollars 31¼ in full for the above acct.

NewberryBillsEquityPapers(1830-31):[Loose Papers]

Mr. James McDowall
[Account list of 12 payments dated to 1818 to 1824]
C^r on Day Book $62.37½
Int from 21 May 1818

NewberryBillsEquityPapers(1830-31):[Loose Papers]

1831 In Equity Newberry. Charlotte, Agatha, & Patrick McDowell vs Harriett Caldwell admx of Wm Caldwell (Decd) & John Caldwell } Bill for Acc^t
O'Neall & Johnston Com: Soler
Filed May 30, 1825 with Exhibits A & B
[Very poor handwriting and difficult to read]
The State of South Carolina, Newberry District } In Equity. To the Honorable the Chancellors of the said state. Humbly complaining shew unto your Honors your Oratrixes and Orator Charlotte McDowell, Agatha McDowell, and the infant Patrick McDowell whosoever humbly Major John Black his next friend and guardian ad litem. That William Caldwell Esquire late of the District of Newberry and state aforesaid was at the June Term 1818 of the Honorable Court appointed guardian of the persons and estates of your Oratrixes and Orator and their since Deceased brother James McDowell, all of whom were then Infants. That on the seventeenth day of April 1819, the said William Caldwell together with one John Caldwell as security gave bond to the Commissioner of this Honorable Court in the penal sum of ten thousand dollars, conditioned for the faithful discharge of his duties as guardian as aforesaid as will appear from a copy of the bond herewith filed and marked A. That the said William Caldwell under and __ of his authority as guardian for your Orators and Oratrixes and then since (Decsd) brother James McDowell, received at different times the sum of six thousand four hundred and one dollars thirty and a half cents as will appear from a general account current herewith filed and marked B. That James McDowell, on the day [blank] in the year 182[blank] departed this life intestate without issue having his sisters and brother your Oratrixes and Orator and Harriet Caldwell the wife of William Caldwell his only heirs and next of kin him surviving. That the said William Caldwell during his guardianship as your Oratrixes and Orator believe expended and laid out for the use of your Oratrixes and Orator and their brother James, monies to some amount, but to what your Oratrixes and Orators don't know. They are however willing on his accounts being exhibited to make all fair and reasonable allowances. That William Caldwell Esquire on the [blank] day of [blank] in the year 1825 departed this life intestate, that since his death his widow Harriett Caldwell has administered upon his estate, that his estate will be insufficient to pay the claims of your Oratrixes and Orator and all his other debts. That your Oratrixes and Orator are advised that their claim ought to rank as a bond debt, and be paid accordingly. That the administratrix before making such a payment in performance wishes the judgment of this Honorable Court. In tender consideration of the premises and favors much as your Oratrixes and Orator are remediless by the strict rules of Common Law and __ have adequate relief except in the Honorable Court when matters of this kind are cognizable and relievable. To the end therefore that the said Harriet Caldwell administratrix of William Caldwell Esq^r (Decd) and John Caldwell may upon their oaths full true and perfect answers make to all and singular the matters and things herein contained and set forth, and that the said Harriett Caldwell administratrix of William Caldwell (Decd) may be directed to account and pay as a bond debt, the amount and the Interest thereon that the said William Caldwell may be found to be in arrear to your Oratrixes and Orator on account of his guardianship or in the event of your Honors deciding that your Oratrixes and Orator claim should be regarded as a debt by simple contract, then and in that case that the said Harriett Caldwell administratrix as aforesaid out of the estate of the said William Caldwell (Decd) may be decreed to pay to your Oratrixes and Orator so much of the amount and Interest thereon which the said William may be found to be in arrear to your Oratrixes and Oratros on account of his guardianship as the estate of the said William may be able to pay and that the said John Caldwell as security for his guardianship may be decreed to pay to your Oratrixes and Orators the balance of the arrears of the guardianship of the said William and that your Honors would grant unto your Oratrixes and Orator such other and further relief as the nature of the case may require and to your Honors shall seem most agreeable to Equity and good conscience. May it please your Honors to grant unto your Oratrixes and Orator the writ of subpoena to compel the said Harriett Caldwell administratrix of William Caldwell (Decd) and John Caldwell to answer the premises and to abide the decree of this Honorable Court. And your Oratrixes and Orator will ever pray.

NewberryBillsEquityPapers:[Loose Papers]

Charlotte McDowall & others vs Harriet Caldwell & John Caldwell } In Equity Newberry
The Com^r cannot consider that the hire of Rose & Cato prior to the appointment of W. Caldwell as Guardian to be a bond debt, the hire therefore of these two Negros but regard it as a simple contract debt &C, also considers William Caldwell to be guardian only from the date of his Guardianship Bond, also Letters of Guardianship, which bear date near 12 months after his nomination by the Court. The hire therefore of these Negroes from Jan^y 1818 to 17 Ap^l 1819 the date of his bond.
As regards the note rec^d by W. Caldwell of J. Blocker on Harris & Bowen for $1006.08, the Com^r has not charged it as a bond debt. It appeared in Evidence that Ja^s McDowall & A. Sinclair the adm^rs of P. McDowall had Executed to W. Caldwell a power of attorney to generally to collect debts due them in the country &C which bears date May 19, 1818 & W. Caldwell must have rec^d this note to collect under this authority as he had at that time no other, not having rec^d his Letters of Guardianship till April 1819.
As regards the amt charge to have been acc^d by W. Caldwell on Collins Note, It was proven on the Ref. that W.C. rec^d $200 on this note, but it does not appear in what character he rec^d this note, whether as Guardⁿ Attorney or in payment of a debt owing him by Ja^s McDowall (for it did appear that he held notes on J. McDowall at on time for a considerable am^t no receipt for the note was produced nor was the note shewn to shew what & am^t & when, was rec^d on it.
Compl^ts next produced an accountable receipt dated June 10, 1824 by W. Caldwell to James Blocker for "four hundred dollars in part payment of Davidson & Blocker Bond for [blank] to Mr. Alex^r McDowall late of Charleston, which said four hundred dollars is to bear interest from this date". The facts of this transaction, so far as they were developed by the testimony appear to be theses Alex^r McDowall of Charleston held a bond for some amt not shewn on Davidson & Blocker then of the same place, Davidson & Blocker failed. And assigned to Alex^r McDowall

or to his Executors after his death, the note on Harris & Bowen as Collateral security for the payment if their own bond, the am^t of which as observed is not known to the Com^r. Mr. W. Caldwell as before stated rec^d of the same Mr. Blocker the note & Harris & Bowen in 1818, but the bond on Davidson & Blocker he appears never to have had, nor does it appear that Davidson & Blocker ever rec^d Credit on their bond for the am^t p^d W. Caldwell. Moreover the receipt given by Caldwell plainly indicated that he was to account to someone for the am^t with Int. from the date to whom? Surely to the Exors of Alex^r McDowall for until that was done, Davidson & Blocker were still liable on their bond? and why with Interest from the date? unless it should be to stop Interest for that sum on their bond from the date of their payment; for if he was to have been accountable towards only, that part of the receipt was was unnecessary, for he would have been bound for Int; of course, But it was not shewn, that W. Caldwell has ever accounted to the Exo^rs of A. McDowall for this sum or rec^d their sanction to hold it in any character from ought that appears, he is still liable either to James Blocker himself or the Exors of Alex McDowwall. The Court would remark that Caldwell had as Powers of Atty or authority to collect for the Exors of A. McDowall, the Power before spoken of being from the adm^rs of P. McDowall.
Witness state that the adm^rs of Patrick & the Exors of Alex^r McDowall told him that they would not have transferred the notes & Bonds to Mr. Caldwell for Collection had he not been a connexion of the family & they expected would give good security as Guardⁿ. This testimony shews that some of the notes or bonds must have been given to Mr. Caldwell for collection under the power of atty & not under his commission as Guardⁿ and that the persons so reposing confidence in him should stand on an equality with the other creditors of Mr. Caldwell; but these persons are not the compl^ts in this case, but the adm^rs of Patrick & the Exors of Alex^r McDowall.
As regards the am^t charged to have been rec^d by Mr. Caldwell from Ephraim Drummond on a Land note, the Testimony had a better opportunity of ascertaining the precise facts of the case as they are a matter of Record in this Court. On Reference to that Record it appears, that the Exors of Alexander McDowall

Exhibited their petition to this Court at [blank] Term 18[blank] stating that they were authorized by the Will to sell certain parts of the real Estate of their testator when they shall deem it beneficial for those interested, that they thought it would be beneficial to sell certain Lands in Spartanburgh but that as one of the Exors resided in Philadelphia & the other in Charleston it would be almost impossible for them to attend to the said Sale. Wherefore they prayed that the said tracts of Land may be ordered to be sold by their duly authorized agent Wm Caldwell &C
The order of the Court is in conformity with the prayer of the petition. It orders that the Lands in the petition mentioned be sold by the agent of the Petitioners &C and that the agent of the petitioners do make & execute titles for the same. It appears that under this agency W. Caldwell sold one tract of Land in Spartanburgh to a Mr. Greenmond for $281 due June 1825 and that he has collected it in his life time before it was due, by discounting some amt. on it. But the Com^r cannot regard this sum as a debt due to the Compl^ts for Mr. Caldwell must certainly be bound to account to the Exors of A. McDowall per his agency, which he has not done; & if he be bound also to account to the compl^ts for the same, it will be compelling his Estate to pay the same debt twice.
The next charge which will be considered is the sum charged to have been rec^d from Langdon Cheves one of the Exors of A. McDowall amounting to $1769.30 the copy of a receipt for this sum purporting to be signed by W. Caldwell as Guardⁿ was produced, but the original was not produced nor was its loss accounted for, or even suggested. The only evidence beside the copy receipt was this. The Comr held his first reference in the case on the 6 June Ins^t at which the Defd^t John Caldwell was not present being absent from the place nor had the Defendts any Solicitor to represent them, a few days after the Reference & prior to the 2^nd Ref. he in a conversation with Gen^l O'Neall the Compl^s Sol^r on the matters that had been

brought before the Com^r observed that as to the money said to have been rec^d from Mr. Cheves he had no doubt but it was so rec^d but that he did not believe that the amts charged to have been rec^d from Ja^s McDowall were ever rec^d by W. Caldwell. In this conversatin it was admitted that John Caldwell had not been informed that the compl^ts had only produced the copy of a receipt for the purpose of establishing the charge. From the high character of Mr. Cheves & from the circumstance that the copy receipt is annexed to a letter purporting to be from him (his handwriting was however not proven) the Com^r has but little doubt that the money was paid to W. Caldwell as stated in that copy, But the best evidence of the payment, which might have been produced, was not produced, to establish the fact, and the observation of John Caldwell is regarded as not sufficient to do away this rule of evidence, as it was made under an ignorance of the circumstances.
The next charge contained in Complainants Exhibit B is for $1600 paid by Ja^s McDowall one of the Exors of the Estate of Alexander McDowall to William Caldwell as Guardⁿ on the 1^st May 1819. This charge was established to the satisfaction of the Com^r & is allowed; out of which however is first to be deducted his wifes share $320=Balance – 1280.00

Amt brot forward – $3619.70

The Defendant Jno. Caldwell then went into evidence to shew the probable amt: expended on complainants in board, Education, clothing & other expenses, from the 1^st of 1818 when he took them under his protection until his death in 1825.
The complt^s had on the first reference Exhibited vouchers for money expended by W. Caldwell on them, which they contended, included all of the Expenditures of WC on their acct. to this the Defend^t Jno Caldwell objected as being inconclusive, as the vouchers fell into the hands of Compl^s on WC^s death, or at least come to their hands since as they ere exhibited by the agent of Compl^s
The following however are the whole amounts which these vouchers shew to have been paid for the respective persons as named viz
the death of W. Caldwell first of 1825 7 years – $124.82
To Agatha McDowall for the same time – 123.56½
To Patrick McDowall same time – 257.95½
To James McDowall from the first of 1818 till his death Feb 1823 – 260.70¼
$757.03¼
Agreeable to these vouchers it would appear that the Expenses of the 3 compl^s with those of their brother James (who died in 1823 but whose expenses agreeable to the vouchers exceed those of any of them) amounted to about $27: per an: each
Several Witnesses were sworn as to the probable amt: expended on compl^s together with their dec^d brother James, & no one estimated their

board at less than $100 per year each.
It was also proven by several witnesses in fact by all of whom the question was asked that the two Miss McDowalls (two of the complainants) were as gentlely supported as any young Ladies in the District, that they kept the best of company & were indulged in doing so by Mr. Caldwell who say the Witnesses treated them particular attention.
Mr. Williams one of the Witnesses, who has raised several daughters & who possesses wealth as well as good judgment states that from his acquaintance with the Miss McDowalls & from the experience of his own family, he would not have boarded clothed & furnished the Miss McDowals as they were furnished for $250. per each per an:. See Return
The compl^s Patrick & the dec^d James McDowall It appeared did not spend a great part of their time with Mr. Caldwell as they were for the most part out at school. It was proven that it would require from $200 to 250 to board, cloth, educate, & pay other necessary expenses per them each per an:.
Compl^s introduced by as evidence a letter from the Defend^r Harriet Caldwell the sister of Compl^s date Dec: 8, 1817 shortly after her marriage to WC addressed to Charlotte McDowall informing her of the touchings of her situation (as her husbands business compelled him frequently to be absent) & soliciting her to come down for company as she was a stranger in the place & had not as yet given or rec^d visits – and remarking also that her expenses should lie at WC^s door – to this sister there is a P.S. in the handwriting of W.C. requesting that she should come down as Mrs. C was lonesome. At the date of this letter however as appear On this Letter complt. C. McD relies as evidence that she was not to pay any board. It appears however from the letter itself that Mr. & Mrs. C at the date of the letter had not commenced Housekeeping, but were at that time boarding in a Tavern & it was to that place Miss C was invited. The Com^r therefore supposes that if the whole of the Letter had been in the handwriting of Mrs. W.C. it could not be construed to extend further than a promise on his part to defray her expenses at that house whilst on an ordinary visit, & could scarcely be intended to embrace one of 7 years duration.

It appears also that William C. had p^d out other monies on acct of his wards then for board, clothing &C upon which there appeared to be no altercation, the com^r therefore denies it unnecessary to make an observations on this testimoney; & will only include such payments in the accounts as were proven or admitted without proof.

Add hire of Rose & Cato and Simple contract from 1 Jan^y 1818 to 17 Ap^l 1819.
From the testimony before the Com^r he could not the compl^s

with up than $200 per year each for their support generally including all expenses, he has done so & the following is the result.

NewberryBillsEquityPapers:[Loose Papers]

Charlotte McDowell & others vs Harriet Caldwell adminx & Jno.Caldwell } In Equity Newberry.
The complainants except to the report of the Commissioner in this case in the following particulars & upon the following grounds.
1^st. Because the Commissioner rejected the charge founded upon the receipt by William Caldwell (dec^d) of a note on Harrison & Bowen for $887.83 with interest which note, whatever may have been unproven of the receipt belonged to the Complainants, was intended for their use & thereupon must have been collected by him, as their guardian.
2^nd. Because he rejected the charge founded upon the receipt by Wm Caldwell of $200. of Rev. Collins' note be rec^d from Alex^r McDowell
3^r. Because he rejected the charge founded on the receipt by Wm Caldwell of $400. from Jas. Blocker.
4^th. Because he rejected the charge of $281 notes interest for money rec^d by Wm Caldwell from E. Drummond for land of the estate of Alex^r McDowell
5^th. Because he rejected the charge of $1769.30 with interest for so much money rec^d by Wm Caldwell from Langdon Cheves, on of the Exors of Alex^r McDowell
6^th. Because he rejected to allow anything for the hire of the Negro Rose & did not allow every thing for Cato
7^th. Because he has charged Charlotte & Agatha McDowell with their board notwithstanding they were invited by Mr. & Mrs. Caldwell to live with them upon the assurance that they sh^d be free from all charge for boarding & the evidence shows that Mr. Caldwell never intended to charge __
8^th. Because if they are regarded as being liable to acc^t for their board, the Commissioner then made an extravigant Estimate of their board & Expenses by [assuming] estimation whereas he ought to have repaired himself to the vouchers produced.
9^th The above answer for maintenance ought not to bear interest.

NewberryBillsEquityPapers(1830-31):[Loose Papers]

Charlotte McDowell, Patrick & Agatha McDowell v. Harriet Caoldwell, admix of Wm Caldwell & John Caldwell } In Equity Newberry June 1826
This case relates to a large property & involves large transactions, extensive accounts & questions of considerable delicacy & difficulty. The extent of the examination necessary for us now to make is greatly diminished by the report of the Commissioner, who has since resigned his office, to the great regret of the Court & Bar & the community, which had witnessed & been benefited by the able & faithful manner, with which he performed his duties. I think this a fit occasion, in deciding on the last difficult cause which I tried in his district, before he resigned his office, to express my entire & unqualified approbation of his conduct in that office, & my thanks for the facilities I have derived from his labors in the administration of Justice.
To his report, Exceptions are filed by the Complainants, & these bring out all the points which are disputed between the parties. The report states that in June Term 1825, the Court "Ordered & Decreed that the matters of account be referred to the Commissioner and that he do make up his report to the next Court regarding the account received by William Caldwell deceased as guardian, as a bond debt." In conformity to that order, the report is made. It commences by stating the following facts: That William Caldwell now deceased, at June Term (sitting) 1818, was appointed by this Court, as the guardian of Charlotte McDowell, Agatha McDowell, Patrick McDowell, & James McDowell, the latter of whom is since dead. On the 17^th of April 1819, he gave his bond to the Commissioner, conditioned for the faithful performance of his duties as guardian, to which bond the Defendant John Caldwell is security. The Defendant Harriet Caldwell is the sister of the Complainants, & is the widow & administratrix of the said Wm Caldwell who died insolvent.
The first Item brought into discussion is as follows, a receipt was produced from Wm Caldwell to James Blocker, for a note of hand of Harriet Brown, originally for $887.83, but amounting at the time the receipt was given to $1006.8. The receipt bears date September 4^th 1818, & is signed by William Caldwell, but not in a representative character.
The Complainant contended before the Commissioner, that the Estate of Wm Caldwell & his security to this guardianship bond should be charged with it as such, (that is as about) the Commissioner disallowed the charge, as a bond debt, or as affecting the security. Whereupon the Complainant filed their Exception on the ground that the note & the recovery due on it belonged to the Complainants, & was collected by Wm Caldwell as their guardian. On looking into the evidence & the facts established, I am of opinion that the amount of the note above mentioned, is chargeable to the Estate of Wm Caldwell, for he received the money; But I do not think the surety in the guardianship bond is liable; for it is stated that Wm Caldwll received the money before Mr John Caldwell became bound in the bond. In my apprehension, the bond is prospective, not retrospective, & cannot charge the surety for transactions anterior to his joining in the bond. This exception is therefore overruled, so far as it seeks to make the surety John Caldwell liable; but the sum received is chargeable to the Estate of Wm Caldwell.
The next point reported upon relates to the amount collected on John Collin's note, to the amount of $200; which note Wm Caldwell had received from Alexander McDowell. The Commissioner states that he has not allowed it as a bond debt of the Estate of Wm Caldwell for the reasons which he assigns. The Complainants except to the report, Because the Commissioner rejected the charge. Neither the report, nor the exception, state with sufficient precision, whether the charge is wholly rejected, or rejected only as a bond debt. I presume however there can be no doubt that it is a charge on the Estate; but not as a bond debt, and I decide accordingly on the Exception. This however can affect the liability of the surety Mr. John Caldwell, only as far as the money was received by Wm Caldwell, after he joined in the Surety bond. The payments of $100, on 27^th Feb^y 1822, & of $100, on the 23^d Dec^r come clearly within the surety bond.
The next point related to an accountable receipt dated 10^th June 1824, signed by Wm Caldwell, to James Blocker for $400, in part payment of Davidson & Blocker's bond to Alexander McDowell, late of Charleston. The Commissioner rejected this charge, & states his reasons at large. The Complainant excepts, to the decision, without stating any reason. It is a complex transaction, but it appears to me that the Commissioner's view of it is correct. This exception is therefore overruled.
The next point of the report, relates to the amount received by Wm Caldwell, from E. Drummond on a note for land sold, by order of the Court, amounting to $281. The as sold as part of the Estate of Alexander McDowell, under an agency from the Executors. The Commissioner states the fact fully & concludes by refusing to charge Wm Caldwell with that sum, in his character as guardian, as he did not receive it in that character, but as an agent. The Complainants 4^th Exception applies to this point, But no reason is stated on the face of the Exception. This & several other of the charges make a nice point. It is obvious that Wm Caldwell's Estate is liable at all events for the money so received, to the persons entitled. But as he died insolvent, that occasions the struggle to fix the receipt of these sums on W. Caldwell in his character of guardian, in order to make the surety John Caldwell liable. I confess I have great doubt. The Commissioner states sensible reasons in support of his opinion; But there is great weight in the argument of Mr O'Neall, that as soon as Wm Caldwell received the money, it was the property of his wards; & he became liable as guardian; & his surety also. As however I have doubts whether his receipts of money expressly in the charactor of agent, ought to fasten the debt on him, as guardian, & thereby reach the surety. I think the last mentioned is entitled to the benefit of that doubt. The Exception is overruled.
The next point in the report relates to the sum of $1769.30, received by Wm Caldwell from Mr Cheves, one of the Executors of Alex^r McDowell. The Commissioner rejected the charge. The Complainants except (5^th Exception) but give no reasons. There are two questions, one of fact & one of Law. The question of fact is whether Wm Caldwell did receive the sum of $1769.30 from Mr Cheves as above stated? The original receipt was not produced, but a copy, sent on by Mr Cheves, as a Copy from the original in his hands, accompanied by an original letter. Mrs Caldwell the widow & administratrix of Wm Caldwell, in her answer admits the fact of the payment; and John Caldwell, the surety, appears by the Commissioners report, to have once conceded that the fact was so. I have no doubt that the payment was made. Mr Cheves for his own security would not part with the original; but sent a copy. His high character is the sanction of its [truth]; But if that stood alone, the Complainant might say, that was not strictly legal proof. It does not however stand alone. The administratrix admits it and Mr John Caldwell once admitted it. I cannot doubt on the fact. If I doubted, I would send back the case to the Commissioner for further proof. The other question is as to the Law, and that depends upon the character in which Wm Caldwell received this money. I understand that this sum was received by Wm Caldwell after he had been regularly appointed guardian & after Mr John Caldwell had joined in the bond as surety. This was not a case of agency, to collect money, with a receipt for the paper, to be accountable to the principal who appointed him, but a payment by an Execution of an Estate, to the guardian of the minor heirs, for their benefit. It appears to me then, that Wm Caldwell received the money as guardian & was liable in that character; & that on his Insolvency his surety is liable. This Exception is therefore sustained.
The next point relates to the use of the slaves Rose & Cato. The Commissioner states the facts & decides upon them. The Complainants except to the report (see 6^th Exception). I concur with the Commissioner. The Exception is overruled.
The next point in the report relates to a charge of $1600 paid by James McDowell to Wm Caldwell, as guardian, on 1^st May 1819. This charge is allowed by the Commissioner; who proceeds to make the calculations in relation thereto, & to the hire of the slave Cato & states an amount of $3769 due by the Estate. This does not appear to have been controverted & the report must in that respect be confirmed.
The next point of the Report relates to the amount expended by Wm Caldwell, in board, Education, Cloating & other expenses from the beginning of the year 1818, to the death of Wm Caldwell in the year 1825. The Commissioner acted right to receive Evidence on the pount, altho in the exhibition of vouchers by Wm Caldwell, on account of the Complainants, there were none for these. None could be. It was to be a subject of future discussion. At any rate the door was not shut to the claim, if a just one. The Commissioner considers the question fully, & approves of charges on the ground of boarding the Complainants &C; & makes what he conceives a reasonable allowance. (7^th Exception) The Complainants Except to the report, so far as it regards Charlotte & Agatha McDowell; Because the charge of board is made, notwithstanding they were received by Mr & Mrs Caldwell to live with them, upon the assurance, that they should be free from all charge for boarding, and the Evidence shews that Mr W. Caldwell never intended to charge them. The invitation then is the only ground of objection made to the charge of board, & the only one to be considered. The Commissioner made a large statement of facts, & took various views of the subject. These young ladies were entitled to a handsome property; and required a good education, & competent support proportioned to their property. They must have paid board wherever they lived; & it was right they should, for they could afford it. A sister married a man of small fortune, but liberal spirit, who invited his sisters in Law (or one of them) to come & live with them for an indefinite time, free of board; tho' he & his wife had not yet gone to housekeeping; but boarded in a Tavern, where he must have paid their board. This was generous. But there was no consideration, as an agreement it could not be enforced. It was rendum pactum Mr W. Caldwell could have put an end to it, at the termination of one year. Even a Tenancy of Land actual occupation at will, extends only to one year. Under this & other views of the case, I concur with the Commissioner that at the end of one year, the charges of board &C should be allowed, more especially as that will tend to relieve a surety, who ought not to be injured by the liberality of his principal. The Exception is therefore overruled.
The next point relates to the amount of the charges allowed by the Commissioner for board. The Commissioner has made a statement of what he considered the charges proper to be allowed. To this statement, the Complainants have excepted, Because if they (the Complainants) are considered liable to account for their board, the Commissioner has made an extravagant estimate of their board & expences, by a lumping Estimation, whereas he ought to have confined himself to the vouchers produced. I have looked over the charges allowed by the Commissioner and I am of opinion that they are rather high considering that these were near relations, originally invited to stay with Mr & Mrs Caldwell, & who had no idea of a profit. It is sufficient that Mr W. Caldwell's Estate should be fairly reimbursed. I think that the sum left after a reduction of Twenty five per cent, would be sufficient to do that. The Exception is therefore sustained so far as to reduce the amount allowed by the Commissioner by a deduction of twenty five per cent. The Complainants also excepted (see 9^th exception) on the ground that the allowance for maintainance ought not to bear Interest. This exception depends on the course pursued in charging Interest in other parts of the case. If that has been done (as I apprehend has been) then there is no reason why it should not be allowed in this charge. The Exception is therefore overruled. There are not other Exceptions.
It is therefore Ordered & Decreed that the report of the Commissioner be confirmed in all respects, except as modified by these orders; & that the accounts be corrected & reformed accordingly.

NewberryCourtDecress:[Loose Papers]

1827 In Equity Newberry. Charlotte McDowell & others vs Harriet Caldwell admx and John Caldwell. Petition to be allowed a further sum rec'd by their guardian Wm Caldwell
O'Neall & Johnston pro petr. Filed July 3^d 1827
The State of South Carolina, Newberry District
To the Honorable the Chancellors of the said state. The petition of Charlotte McDowell, Agatha McDowell and Patrick McDowell sheweth that since the filing of their bill in the case of themselves vs Harriet Caldwell admx of Wm Caldwell (Dec^d) and John Caldwell and since the decree of the Court of Appeals, in the said case, they have been informed by William Wilson Esqr that he as Exor of James McCracken (Dec^d) paid on the 10^th of April 1822, the sum of two hundred and thirty two dollars and Eighty three cents to William Caldwell Esqr as the guardian of your Petitioners. That after the discovery of this fact y'r Pet^rs proposed to the Defendants to permit this fact to be examined into and if found true that it might be added to the amts of the said case, in the report of the Com'r, but with this request John Caldwell refused to comply. Whereupon your Pet^rs prays your Honors to direct the Com'r to inquire into the facts stated in this y'r Pet^rs petition and if they be found true that he be directed to report the said sum and the interest thereover about debt against the estate of the said Wm Caldwell and his surety John Caldwell. And yr Pet^rs will pray.

On hearing the foregoing petition it is ordered that the Com'r examine the facts therein stated and if found true that he report the amount rec'd by Wm Caldwell as the Guardian of the Complainants from Wm Wilson Esqr Exor of James McCracken Dec^d as a bond debt against the estate of the said William Caldwell and against his surety John Caldwell.

NewberryCourtPetitions:[Loose Papers]

Charlotte, Agatha, & Patrick McDowell v. Harriet Caldwell adm: of Wm Caldwell and John Caldwell } In Equity. Newberry. July 1831. Decree.
The question in this Case comes up on the following rule. McDowell and others v. Caldwell. Fi:fa:In Equity. On motion of Mr. Thompson Complainants Solicitor. It is ordered that John S. Carrvile Sheriff of Newberry do shew cause on tomorrow morning why he has not collected and paid over to Complainants the amount still due on the fi:fa: in this case, according to the exigency of said writ; and on his failing to shew such cause, that an attachment do issue against him as such Sheriff. To this rule the Sheriff made a return, which accompanies this Decreetal Order. In substance the return states that he (the Sheriff) has collected from John Caldwell the Surety of Wm Caldwell, the guardian of the Complainants, the whole amount of the Debt and Interest in question, and paid the same over, Except the sum of one hundred and sixty two dollars. The Sheriff then proceeds in his said return to set forth the causes, why the said balance of $162, was not collected under the execution and paid over. He states that Judge O'Neall, then at the bar, and counsel in the Causes, had ascertained that of the sum ($[blank] arising out of a particular fund (which is stated)) paid to Major Black, as the agent of Mrs. Harriet Caldwell administratrix of Wm Caldwell, to be applied by her in the course of administration, the sum of $162 would be applicable in the regular course of administration to the debt established in the case of Charlotte McDowell and others v. Harriet Caldwell, administratrix of Wm Caldwell, & John Caldwell. And that this was done in the presence of, and as Judge O'Neall supposed, by the consent of Major Black agent of Mrs. Caldwell, and also agent of the Complainants the McDowell's. The Sheriff states that this was the cause why he did not Enforce the execution against John Caldwell for the balance due of $162; leaving the Complainants to Enforce the execution against their sister Mrs Harriet Caldwell the administratrix. From a statement made by Mr Wilson the accurate Ordinary of the District under date of 1 Feb^y 1831, It appears that out of funds that came into the hands of Mrs. H. Caldwell the administratrix, since the settlement in August 1827 (which fund is I understand the one in question) the sum of $138.48 was to be applied towards the payment of the Decree in the Case of the McDowells v. H. Caldwell administratrix of Wm Caldwell against this view of the transaction Major Black made an affidavit on the 20^th of July 1821 wherein he states that he, acting as the agent of Mrs. Caldwell, did not consent to the application of $138.48 (part of the $211) to the credit of John Caldwell, on the execution against him as surety, but objected to it, and assigned as a reason that he the deponent held a bond of John Caldwell, and that he Intended to apply that amount to the Credit of that bond: and that the amount due on the execution in the case now before the Court (on which the rule on the Sheriff was taken out) had been assigned to one of the Complainants Dr. Pat: McDowell. Here then is a difference in the recollection, between Judge O'Neall and Major Black, both of course Entitled to the highest Credit. I must therefore resort to the statement made by the Ordinary, that $138.48 of this fund was applicable to pay so much on the Decree and execution of the McDowell's v. H. Caldwell administratrix & John Caldwell. The assignment of the Decree by some of the Complainants to one of them, makes no difference in the Case. The Rule on the Sheriff is therefore discharged.

NewberryCourtDecrees:[Loose Papers]

Charlotte, Agatha & Patrick McDowell vs Harriett Caldwell Adm^x of William Caldwell & John Caldwell } For cause the respondent states and shews that the whole amount of debt & Interest in this case has been collected and paid over (except one hundred and sixty two dollars) that the whole amount collected and paid out by this respondent was collected from John Caldwell the security of William Caldwell the Guardian of the Complainants in this case, and the intestate of Harriet Caldwell.
That in relation to the sum of one hundred & sixty two dollars the following are the facts as this deponent is informed. On the 8^th of May 1828 a bill was filed by Harriet Caldwell Administratrix & others vs Samuel Caldwell & others for the partition of a tract of land belonging to the Estate of James Caldwell, the Father of Wm. Caldwell; That at July term 1828, it was decreed that the defendants do pay over to the complainant the representative of Wm Caldwell his proportion of the proceeds of the sale of the tract of land in question, to be applied by the representative in the regular course of administration, first deducting so much therefrom for the dower of the widow of Wm. Caldwell (dec^d) as the Commissioners shall assess in lieu of the said dower, under an order previously made in the case; the land had been sold, and at July term 1829 the Commissioner reported William Caldwells share at $260.00 and his widow's dower at $43.33 1/3, which report was confirmed. On the first of February 1831 the Commissioner paid to Major John Black the Complainants dower, and to him as her agent as admix $211.00 to be applied by her in the regular course of administration. And on the same day it was ascertained by John B. O'Neall who had been the Complainants Counsel in the case of McDowells' vs Caldwell and also in the case of Caldwell vs Caldwell, that of the sum so paid to Major Black as the agent of the admix to be applied by her in the regular course of administration the case of Charlotte McDowell and others vs Harriett Caldwell Admix & John Caldwell would in a course of regular administration be entitled to $162.00, that this was done in the presence of and as Mr. O'Neall supposed by the consent of Major Black who was not only the agent of Mrs. Caldwell, but had also been the agent of the Complainants McDowells. That this sum being in his hands as the agent of the admix, and no doubt of her and his ability to pay it over to the complainants being entertained: This deponent therefore did not enforce the Execution against John Caldwell for the balance due say $162.00 leaving the Complainants if they chose so to do, to enforce the Execution for the balance against their sister the admix and to pursue this course, this deponent was advised and directed by John B. O'Neall.

NewberryBillsEquityPapers(1830-31):[Loose Paper]

C. McDowell et al vs H. Caldwell & John Caldwell } Rule on Sheriff
Personally appeared Maj. John Black and made oath that he acted as the agent of Mrs. Harriet Caldwell in this case, and also in partition case mentioned in the sheriffs returns, from whence the $211 arose and that he so far from consenting to apply the $138.48 to the credit of John Caldwell on the execution against him in this, that on this course being recommended by Judge ONeall, that this deponent then objected and said to John S. Caswell Sheriff that deponent held a bond on John Caldwell; the bond now shewn to the court and that he intended as her, Harriett Caldwell's agent, to apply that amount to the credit of that bond as deponent hath received the money from the hands of the comr^s and receipted thereafter, the same never having been in Judge ONeals hands: and deponent further states and as a reason for this course that the amount due in the Execution in this case hath been assigned to one of Complts Doct Patric McDowell so that Mrs. H. Caldwell his principal then really had no interest in the debt due on this Execution.

NewberryBillsEquityPapers(1830-31):[Loose Paper]

Statement by Sheriff as to $162.
Charlotte, Agatha & Patrick McDowell vs Harriett Caldwell Adm^x of Wm Caldwell & John Alexander } On the 26^th of January 1831 Judge O'Neall stated to me that he had ascertained in the Commissioners office that there was $162.00 in the office that would be applied to this case when Major Black should come down & make a settlement which he expected would be in a few days and therefore directed me to receive the balance of the case only from John Caldwell.

20 July 1831

NeberryBillsEquityPapers(1830-31):[Loose Paper]

Harriet Caldwell Adminx of Wm Caldwell (decd) & John Caldwell ads Charlotte, Agatha & Patrick McDowell } In the Court of Equity Newberry. Bill of account. The separate answer of John Caldwell. This defendant saving and reserving &C for answer says that he admits that William Caldwell late of Newberry District and State of South Carolina was at June Term 1818 of the Honorable Court appointed guardian of the persons and estates of the complainants, and of James McDowell since dead and of his wife Harriet Caldwell all of whom this defendant believes were then infants, that on the day and year stated in the bill the said William Caldwell together with this defendant as his security gave bond to the Commissioner of this Court in the penal sum of Ten thousand Dollars conditioned for the faithful discharge of his duties as guardian aforesaid. This defendant further answering says he knows not whether William Caldwell ever did receive the sum of six thousand four hundred and one Dollars thirty one & a half cents as alledged in the complainants Bill, or whether he ever received any sum but if he ever did receive that amount this defendant as security of William Caldwell to the guardianship bond, resists his liability for that amount in as much as the 1^st, 2^nd & 3^rd items of the complainants (Exhibit B) Amounting of to $1667.13½ Cents stands charged previous to the existence of the guardianship bond aforesaid and to which this Defendant was security and previous to his [line on paper that likely contains another line of text is crumpled] 5^th, 6^th, and 7^th Items of the complainants (Exhibit B) amounting to $1892.18½ cents if they ever were received, were received by William Caldwell (dec^d) not in his character as guardian aforesaid, but as the agent or attorney of the Administration of Patrick McDowell the elder (decd) and of the Executors of Alexander McDowell decd. And this defendant suggests to this Honorable Court whether as security of William Caldwell to the guardianship bond can be made liable for the amount of monies thus received by William Caldwell in a different capacity. This defendant further answering admits that James McDowell died on or about the time stated in complainants bill intestate and without issue leaving the distributees therein enumerated his only heirs and next of kin him surviving, but this defendant contends that as James McDowell was one of the Distributees and himself died intestate and without issue previous to the death of William Caldwell and William Caldwell as his guardian having all his funds in money in his hands was entitled to one fourth part thereof in right of his wife as one of the distributees of the Estate of the said James immediately at his death. This defendant further answering says that William Caldwell did expend large sums of monies, during his guardianship for boarding, clothing, Education, Physicians bills &C for his wards and considerable sums in prosecuting suits &C and other expenditures all of which this defendant prays may be referred to the Commissioner to be ascertained and deducted from whatever sum he may have received as guardian. This defendant admits that William Caldwell died intestate on or about the time stated in the complainants bill and that Harriet Caldwell his widow administered on his Estate but knowing not that this Estate will be insufficient to pay all his just debts: but has heard it so reported this defendant further says that the guardianship bond is a bond debt and ought to rank as such and be paid accordingly. This Defendant prays to be hence dismissed with his reasonable cost and charges.

You swear that the facts stated in the above anser as respects you own acts are true and those of other persons you believe to be so, so help you God.

Sworn to June 13, 1825. F.B. Higgins Com^r

NewberryBillsEquityPapers:[Loose Papers]

Harriet Caldwell Adminx of Wm Caldwell (decd) & John Caldwell ads Charlotte, Agatha & Patrick McDowell } In the Court of Equity, Newberry. Bill for account.
The separate answer of Harriet Caldwell. This defendant saving &C admits the allegation in the bill, stating the appointment of her late husband as guardian of the complainants his having gave the bond set forth in Exhibit A: his having secured the amount stated; the death of James McDowell, intestate, leaving the distributees enumerated, her husbands death, and her administration on his Estate: and that that Estate will in all probability prove in the condition represented; and submits the question as to the grade of the complainants claim to the Court. She further requests that it may be referred to the Commissioner to ascertain and report what deduction should be allowed from the amount of that claim on account of expenditures by her late husband for the benefit of his said wards, as suggest in the said Bill, and for account of other fair charges against them, and prays to be decreed her distributive share of that part of the said amount received by her late husband as guardian as aforesaid to which her deceased brother James McDowell would be entitled, if now alive and claiming the same. She further suggests that the 3^d, 4^th, 5^th, 6^th, and 7^th items of the plaintiffs exhibit B amounting to $1892.18½ were received by her late husband, not in his character of guardian as aforesaid, but as the agent or attorney of the admors of Patrick McDowell the elder, deceased; and of the Executors of Alexander McDowell (decd). Still as the said wards of her husband were equally interested in the same so received she has no objection to its being considered in his hands as guardian, provided the Court should in that case considered it entitled to rank as a bond debt, or any thing higher than simple contract debt; and should further make and decree as will discharge his Estate from answering to his said principals; and provided she be allowed and decreed her own distributive share of the same (which has not been deducted in the summing up of the said Exhibit B as well as her distributive share of the share of her deceased brother James McDowell in the same.
You swear that the statement in the above answer of you own acts you know to be true, and those of other persons you believe to be true, so help you God.

Sworn to before me this 25^th of May 1825. Tandy Walker Q.W.

NewberryBillsEquityPapers:[Loose Papers]

The State of South Carolina. Know all men by these presents that we Alexander Sinclair & James McDowall of the City of Charleston and state aforesaid merchants do make constitute and appoint Mrs. Harriett Caldwell, Misses Charlotte McDowall and Agatha McDowall & Patrick McDowall of Newberry District in the State aforesaid or any three of them to be our true and lawfull Attornies for us, and in our Names, to ask demand sue for recover and receive of William Wilson Esq^r of the said District all and every such sum or sums of money, debts and demands whatsoever which now are due and owing unto us by and from the said Wm Wilson … In Witness whereof we have hereunto set our hands and seals this nineteenth day of February in the year of our Lord one thousand eight hundred and twenty five.

Recorded 18 July 1825

NewberryRecordBookT2:94 19 February 1825

Harriet Caldwell & others v. Wm Wilson, Executor of James McCracken } In Equity. Newberry June 1826 Decree. Filed 26^th Dec^r 1826
This is a case of Report of the Commissioner & Exceptions thereto. The Exceptions made on behalf of of the Complainants are as follows.
1^st. That the fee of Mr. Cresswell was paid by Mr. McCraken, for filing a bill in the case Black & wife, & the administrators of Patrick McDowell vs McJunkin, the Executor of Thomas (now deceased) which suit was for the benefit of the Estate of P. McDowell deceased. And the fee to Mr. McDuffie was also for defending the right of the Estate generally. It was argued in support of the Exception, that this property was not the property of P. McDowell (deceased) but was held for the benefit of the Complainants alone; & hence the fund arising from the sales of this property, ought not to be charge with these sums; which the administrators of P. McDowell ought to pay out of the funds of the Estate generally. I concur with the counsel; & the Exception is sustained.
The 2^nd Exception was as follows. That the recommendation of the Commissioner as to the cause now pending against the Administratrix of Mr. Caldwells Estate is unauthorizedly by Testimony & is wholly improper; Because the subject matter of the undertaking on which that action is founded was wholly gratuitous on the part of Mr. McCraken, and was never intended as a charge against the Complainants. To this it was added, that in the other cause depending between the parties, the Estate of Caldwell was allowed for this very board (of young McDowell, which is the subject of the Recommendation of the Commissioner) and therefore unless this recommendation of the Commissioner is rejected, the Complainants will pay twice for the same charge for board. Upon this view of the case the Exception must be sustained, & so much of the report of the Commissioner overruled.
It is therefore ordered that the Report be confirmed, except so far as modified by these Exceptions & the orders made thereon and that the account be corrected accordingly. The other Exception was withdrawn.

NewberryCourtDecrees:[Loose Papers]

[Torn edge] 1827 In Equity Nubury Harriet Calwell & others vs William Wilson Extr of James McCrackern (dec^d) } Bill for discovery account and relief. O'Neall & Johnston Com Solict. Filed May 16, 1825 with Exhibits A&B
The State of South Carolina Newbury District } In Equity. To the honorable the counsellars of the said State Humbly complaining shews unto ye Honors your Oratrixes and orator Harriet Caldwell, Charlotte McDowell, Agatha McDowall and Patrick McDowall, that your oratrixes and orator are the only surviving Children of the late Patrick McDowell decsd of the City of Charleston. That the said Patrick at the time of his death was possessed of a large real and personal estate. That administration of his personal estate was committed and granted Alexander Sinclair, James McDowell, and James Blair. That the first are now the surviving administrators. That after the death of the Patrick McDowell on the sixth of May 1813 in pursuance of a decree of honorable the Court of Equity for Charleston District made in the __ the hires and other as presentatives of Patrick McDowell decsd vs the __tors of Alexander McDowell Dec^d The Matter in Equity for Charleston did __ sold the following real estate of the late Patrick McDowell to with __ No. 54, 55, and 58 in Cambridge Abeville District, one tract of 275 acres __ of 210 and a third of 202 acres of land in Pendleton District. The __ administrators James Blair, Alexander Sinclair and James McDowell __ _ing that the estate of Patrick McDowell (Decd) would be nearly insolvent __ being desirous to secure something for his children, determined to buy the __ lots and lands for the use and benefit of the Children of the said Patrick McDowell (decd) and for that purpose procured Maj. Richard Watts and James McCracken __ as friends and relatives of the family to make the purchase for themselves __ they accordingly did so. That the said lots and lands were conveyed by __ Master in Equity to James McCracken, Alexander Sinclair and James McDowell who were considered merely as trustees for the children of the said Patrick McDowell (decsd). That the purchase money of the said lots and lands were paid to the Master in Equity by the said James Blair, Alexander Sinclair and James McDowell by the hand of James Blair and a receipt given to him for the same as will appear from a copy of the receipt contained in exhibit B. That no part of the purchase money was ever paid by the said James McCrackern whose name was merely used as a friend to the family of the s^d Patrick McDowell (Dec^d) and was intrusted as a trustee for the benefit of his children. That the amount of sales of the said lots and lands were by the Master in Equity paid to the said James Blair as one of the Administrators of Patrick McDowell (Dec^d) whose estate has been credited by the admtrs for the said amt of __. That the said James McCrackin well knowing that the said lots and lands were conveyed to himself Alexander Sinclair and James McDowell as trustees for the use and benefit of your oratrixes and orator and their (since deceased brother) James McDowell the Children of the said Patrick McDowell (dec^d) __ the house and lots in Cambridge 51, 55, and 58 for their benefit for the years 1813, 1814, 1815, 1816 and 1817 and received therefore annual rents to a large __ a particular act of which is contained in exhibit A. That in the correspondence between the said James McCracken and Alexander Sinclair and James McDowell, he uniformly speaks of the said lots and lands as property of the Children of the said Patrick McDowell (dec^d) as there appear from copies of two of his letters contained in exhibit B herewith filed and during his lifetime he never pretended that he held the said property otherwise than in trust for your oratrixes and orator and then since dec^d brother James. That sometime in the year 1817 in pursuance of the instructions from Alexander Sinclair and James McDowell the said James McCrackan sold for the benefit of your oratrixes and orator and their borther James the house and lot in Cambridge being part of lott No. 65 and lot No. 55 for the sum of seventeen hundred Dollars, payable as follows, the first installment for 567 dollars due 1^st Jan^y 1819, the 2^nd for $568 due 1^st Jan^y 1820, the 3^rd for $566 due 1^st Jan^y 1821 and by direction of Alexander Sinclair and James McDowell took the bond payable to himself alone for the use and benefit of your oratrixes and orator, as will appear from a copy of a letter from Alexander |Sinclair contained in exhibit B. That in like manner since for the same uses he subsequently sold another lot in Cambridge for the sum of $100 February 1823. That the said James McCrackern on the [blank] day of [blank] in the year 182[blank] departed this life leaving a Will and Executor William Wilson. That the said James McCrackin in his lifetime and the said William Wilson since his death have reserved the whole of the said sums with interest thereon which your oratrixes charge to have been reserved for their use and benefit. That since the first day of July 1822 your oratrixes and orator [considered] that the said William Wilson exetr as aforesaid should account __ the interest on the whole amt of principal and interest their deal vs. he have rendered an account current including interest up to that time to Alexander Sinclair and James McDowell and admitted principal and interest up to that time to be collected and his hands. An act current between your oratrixes and orator and said William Wilson is herewith filed and marked A. That James McDowell the brother of your oratrixes and orator on the [blank] day of [blank] in the year 182[blank] leaving your oratrixes and orator his only hiers him surviving. That orator Patrick McDowell is now only of full age. That the said Alexander Sinclair and James McDowell fully and freely admit that the said lots and lands were purchased by them and James Blair and by them paid for out of their commissions on the estate of Patrick McDowell (dec^d) for the use and benefit of your oratrixes and orator and their brother James and that the said lots were sold by their direction by the said James McCracken for the use of your oratrixes and orator and their brother James.
Any your oratrixes and orator futher shew you Honors that they have frequently applied to William Wilson exetr of James McCracken (dec^d) and requested him to account for and pay to your oratrixes and orator the amount of the sales of the said lotts their rent of the house and lotts with interest on the same up to the 1^st July 1822 and them with interest on the principal and interest from that time to the present. But to do this the said William Wilson (executor of James McCracken dec^d) has refused pretending that it was necessary for his protection that this honorable court should hear and determine the said matters.
In tender consideration whereof and for as much as your oratrixes and orator are remindless by the strict rules of the common law and [cause] have adequate relief except in a court of Equity where matters of this kind are cognizable and remediable. To the end therefore that the said William Wilson extr of James McCrackin (dec^d) may upon his oath a full true and perfect answer make to all and singular the matters and things herein contained and set forth And ___ the said William extr aforesaid may be decreed to account for and pay to your oratrixes and orator the amt of the sales of the house and lots in Cambridge with interest thereon up to the 1^st of July 1822 for the rent of the house and lotts with interest from that time to the present on the principal and interest then in arrear, and that your Honors would grant unto your oratrixes and orator such other and further relief as the nature of the case may require and to your Honors shall seem most agreeable to Equity and good conscience May it please your Honors to grant unto your oratrixes and orator the writ of subpoena to compel the said William Wilson as is aforesaid to answer this your oratrixes and orators bill and to abide the decree of this honorable Court in the premises. Any your oratrixes and orator will ever pray.

NewberryBillsEquityPapers:[Loose Papers]

Newbery District William Wilson Executor of J. McCrackan dec^d ad Harriet Caldwell & others } Defendants Answer
Caldwell Dfts Sol
Filed June 13, 1826 with Exhibits A, B, C & D
William Wilson Exor of James McCracken ad Harriett Caldwell & others } The Defendant now and at all times hereafter saving and reserving to himself all benefit of exception to the manifold imperfections and uncertainties of the Complainants bill of Complaint for answer thereunto or so much thereof as he is advised is material to answer, answering says that he admits that the Complts are the only surviving children of Patrick McDowell dec^d. This Defendant knows not whether Patrick McDowel at the time of his death was possessed of a large estate real and personal and knows not whether the fact of complainants bill which states he died possessed of a estate or that part which express a belief of its insolvency to be relyed on as true. This Defendant believes and admits that letters of administration were granted as stated in the bill after the death of Patrick McDowell. This Defendant believes that on or about the time stated in Bill the House and lots mentioned in the bill situate in the Village of Cambridge were sold by William Hanl Gibbs Master in Equity for Charleston District and were purchased by James McCrackan, Alexander Sinclair and James McDowell which will more fully appear by refering to the deed of conveyance herewith filed marked exhibit A and a power of attorney also herewith filed marked exhibit B from Alexander Sinclair and James McDowell authorizing and empowering the said James McCrackan to sell all their right title and interest to the said lotts of Land in Cambridge which exhibit this defendant prays may be taken and considered as part of his answer. This defendant is induced to believe that James McDowell the three seperate tracts of land lying in the District of Pendleton as mentioned and describe in the Bill were also sold by the said William Hanl Gibbs Master in Equity and were purchased by James McCrackan, Alexander Sinclair and James McDowell as appears from exhibit C herewith filed which is a title for said lands from Wm H. Gibbs to the said James McCrackan, Alexander Sinclair and James McDowell and which was found by this defendant among the papers of the said James McCrakan after his death. The defendant knows not whether the Administrators of James Blair to wit Alexander Sinclair and James McDowell (if they were the amors of James Blair) believing the estate of Patrick McDowell would be insolvent deteremined to buy said lots and land for the benefit of the children of the said Patrick McDowell and knows not whether for that purpose they procured Mr Richard Watts and James McCrackan as friends and relatives of the said children to make the purchase for them or whether the titles to the lands and lotts described in the Bill were considered as trust deeds, and the said James McCrackan and Richard Watts as trustees and not all this Defendant knows certainly concerning the said transactions is drawn from the above deeds and power of attorney from which it appears that the said James McCrackan his intestate as in his life time entitled to the one third part thereof and being so entitled his heirs are also entitled to the one third part thereof to whom he is and will be accountable unless this honorable Court should decree otherwise and however it may decree this defendant prays to be protected not only against the claims of the heirs of James McCrackan but the claims of all other persons whatsoever in the premises. As to the lands in Pendleton above described this defendant has no further information than exhibit C gives him. He knows not whether they have been sold or by whom or when having found no papers among those of his intestate pertaining to the same, and considers that as executor of James McCrakan he is in no wise accountable. This Defendant has no knowledge of the payment of the purchase money for the said lotts and lands to the Master in Equity further than he is informed by a copy receipt filed as an exhibit with the bill or if the money was ever paid out of whose funds it was paid or whether the James McCrackan (altho the titles were absolutely made to him) was and is only to be considered as trustee but hopes that if he is to be considered so that complainants will make it fully appear, so that this defendant may be protected in the premises as Defendant knows not whether the amount of sales of said lotts and lands were paid over by the Master in Equity to the admors of Patrick McDowell dec^d. This Defendant further answering denies that his intestate is in any wise accountable for arrears of house rent, But says that should he ever have been liable this defendant believes that he will be able to shew that the whole or greater part thereof has been settled & paid. The Defendant further answering states that the said James McCrackan on or about 12^th January 1817 sold the house and lotts alluded to in the bill in the Village of Cambridge to Benjamin F. Whitner Esq^r for fifteen hundred dollars. That said Whitner took possession of and lived in the house during the year 1817 & then refused either to comply with the condition of the sale or pay house rent which was never recovered from him. That afterwards to wit on the 13^th Jany 1818 the said James McCrackan effected a second sale of the same to James Hubbard and Benjamin Halter for the sum and upon the credits set forth in the bill which said sums this Defendant has rec^d as will/well by the sum of one hundred and twenty four dollars 50 cents including interest up to the first of Feb^y 1823 it being for the purchase money a lott sold Littleton Myrick - All of which monies the Defendant believes he will be able to shew has been paid accounted for except about the one third part thereof which he has detained and now has in hands and which he holds in right of the heirs of the said James McCrackan dec^d. This defendant further answering states that the complainants are mistaken in supposing his intestate took the bond from [_abbarg] Hatter alluded to in their bill by the instructions of A Sinclair and James McDowell payable to himself alone but states that it was taken payable to James McCrackan, Alexander Sinclair and James McDowell. This Defendant further answering shews unto your honors that the admtx of Wm Caldwell dec^d one of the complainants has instituted an action at Law against this defendant to recover from him a considerable sum of money alledged be owing to the said William Caldwell by the said James McCrackan dec^d for the board clothing &C of James and Patri McDowell also one of the complainants. This defendant contends that if the estate of his intestate is liable to pay the same to the adm^x of said William Caldwell that then he is entitled to credit for the same together with the costs which may accumulate on the Suit at Law aforesaid. This Defendant further answering contends in any event whatever he in right of his intestate is entitled to receive and retain the usual commissions on all sums whatever &C or paid out on account of or pertaining to any of the matters and things contained in complainants bill, as also a reasonable compensation for extraordinary trouble. This defendant admits that his intestate died and that he became executor at the time and as stated in the bill &C also admits that at the request of Alexander Sinclair by letter which is herewith exhibited marked D he did furnish the said Alexander Sinclair with a statement of all the monies rec^d by his intestate or himself as executor on account of the sale of the said house & lotts and the times when the said payments were made but at that time was not certain that the statement was correct & is now certain it was not from having since discovered errors in the same. The Defendant further answering states that by the said letter he was informed by said Alexander Sinclair that the property sold by McCrackan in Cambridge belonged to himself and James McDowall and no other which the Defendant from the papers in his possession above exhibit was authorized to dispute [orased] any further correspondence on the subject (except sending the statement above alluded to and determined to retain in his hands the one third part of said in right of the heirs of the said James McCrackan). This Defendant prays to be hence dismissed with by reasonable costs and charges.

You solemnly swear that what is contained in this your answer so far as related to your own acts and deeds is true of your own knowledge & that which relates to the acts & deeds of others you believe to be true so help you God.

Sworn to June 13, 1826

NewberryBillsEquityPapers:[Loose Papers]

Harriet Caldwell & others vs Wm Wilson Exor of J. McCracken } In Equity Newberry Commissioners Report
By the consent of the parties Complainants & Defendant, the Commission^r has held a reference on the matters of account in this case: The result of which he respectfully submits in the following Report.
The bill charges that Patrick McDowell late of the City of Charleston died seized among other property, of three Lots of Land in the Village of Cambridge Abbeville District, & three tracts of Land lying in the District of Pendleton; That in pursuance of a Decree of the Court of Equity for Charleston the same were sold, & purchased in by the adm^rs of the said Patrick McDowal for the benefit of his children, (the Complainants in this case) as they thought it probable the Estate of their intestate would turn out to be insolvent. That the purchase money for the same was paid by James Blair one of the admr^s, and that titles therefor, were executed to Alexander Sinclair & James McDowell two of the adm^rs & James McCracken the Defend^ts testator in trust for the Complainants. The bill further states that one of the Lots in Cambridge was improved & was rented out by the agent, who received the proceeds of the rent, and that he was afterwards authorized to sell the Lots of Land in Cambridge which he did in part, & either rec^d the proceeds or that the [blank]
It appeared on the Reference that James McCracken the Defendants Testator, had as one of the Trustee of the complainants rented out a House & Lot in the Village of Cambridge for several years from 1814 to 1817 both inclusive that he had accounted with Alexander Sinclair & James McDowall the surviving adm^rs of Patrick McDowall & his co-trustees for the amt except for the years 1816 & 1817. And on 12 Jan^y 1817 McCracken sold the Lot to Whitner for $1500. Whitner took possession & at the End of the year refused to comply with the terms of Sale. The Sale was approved of by his co-trustees.

NewberryBillsEquityPapers:[Loose Papers]

NewberryBillsEquityPaper:[Loose Papers]

In Equity Newberry. Harriett Caldwell & others vs Wm Wilson Exor } The Compl^nts except to the Report on the grounds
1^st That the receipts to Rob^t Creswell and George McDuffie Esqrs were properly charged agst the admors of P. McDowell (Dec^d) and not agst the Compl^nts.
2^nd That the recommendation of the Com'r as to the suit now pending agst Wm Wilson at the suit of the admx of Wm Caldwell (Dec^d) is unauthorized by testimony and is wholly improper because the Compl^nts entered that the subject matter of the undertaking on which that action is founded was wholly gratuitous on the part of Mr. McCracken and was never intended as a charge agst Compl^nts.
3^rd. Because all the other charges and allowances entitled to the Defendant and allowed agst Compl^nts are propertly chargeable to the admrs of P. McDowell (Dec^d) and not to Compl^nts.

NewberryBillsEquityPapers:[Loose Papers]

Acc^t against the Estate of P. McDowall dec^d
The Estate of Patrick McDowall decsd to the Estate of Ja^s McCrackan
[List of articles with prices dated 1816, 1817, and 1818]
1^st Excep. The fee of Mr. Creswell was paid by Mr. McCracken for filing a bill in the case Black & wife & the adm^rs of P. McDowell vs McJunkin the Exors of Thomas (Dec^d). That suit was for the benefit of the estate of P. McDowell (Dec^d) and the fee to Mr. McDuffie was also for defending the rights of the estate annually. This property was not the property of P. McDowell (Dec^d) but was for the benefit of the Compl^nts alone and hence this fund arising from the sales of this property should not be recharged with charges which the adm^rs of P. McDowall (Dec^d) ought to pay out of the funds of the estate [annually]. McDowall's estate is now probably insolvent, but the adm^rs have all the funds in their hands.
2^nd Except. Caldwell in the other case was allowed for this very [balance] and unless this recommendation is rejected the Compl^nts will pay this very [balance] twice.

NewberryBillsEquityPapers:[Loose Papers]

Mr. John Black Charleston February 16, 1825
Dear Sir: I wrote you fully by last Mail and as Mr. Wilson has been instructed to pay over all the funds in his hands to meet the Sale of the Negroes, as also a debt due by him as Executor of McCrackan Est. which I will send you a power of Atty for the Est of A. McD. with all other necessary papers. When I return to Columbia the debt due by Mr McCrackans Est has been long kept back and I trust Mr. Wilson will have it settled now on such a distressing occasion. I think in the appraisement of Mr. Caldwells property that his widow should set apart one Bed with all its appendages with her Chest of drawers & its contents as in few instances they are ever Called for and should it be the case they can be sold at any other time I also think that the Widow should buy in all the articles she wants both of Negroes Stock & household furniture at the Sales even admitting she might not be in funds at the time should she not be able to Comply with the terms of Sales which might give her another Month to prepare as the Sheriff could not resale when his hours was out. I think she should not be in a hurry on the Sale of the Stock & furniture. I have seen Mr. Sinclair since my last to you, he states that the Est of P. McDowall will not be able to pay Douglas & Shaw & others within $15,000 and upwards. he say that the am^t of their debt was brought up to 1815 by the Verdict in the Court to $25,000. And the interest since then made the amount to 36 or $37,000 leaving a ballance at present of the above amount. he also states that there is only about $2000 of good debt to be collected. the situation of things is such that I beg you will both urge Wilson to get all the funds in his hands ready as also the Securitys of Caldwell as Guardian must be followed up to the Last extremity. as I wrote you before your Will forbid the Sheriff in the name of the Adm^rs of the Est. of P. McD. to sell the Negro woman with her 4 Children. And should you think it necessary to post up hand Bills at the Court House & other public places to that effect, I think it very fortunate they have got those Negroes in possession, as they will be of some service to them under present circumstances, and I think never be called by the Estate. I have been making some inquires respecting the making Title to the County Lands of the Est. of A. McD if Kelgor Will not take my titles, you can apply to the Court of Equity to make titles as also any other tracts that may be found. I think Mr. Sinclair said he gave Mr. Caldwell some tracts of the Est. of P. McD. Mr. Sinclair also states Mr. Wilson has charged too much Commission on the money that he holds in place of 5 pr Ct Charged say 2½ pr Ct he also say that their is $85 Rent rec^d at Cambridge from Bleuer that he thinks is not in the Settlement by Mr. Wilson. Shall be glad to hear from you by the time I arrive at Columbia which I think will be about the [blackened smear] this month with Charlotte along with me. I am Dear Sir very Respecfully.

NewberryPetitionsEquityPapers1826:[Loose Papers]

In the name of God, Amen, I Janetta Muir Watts of Newberry district being of sound and disposing mind and memory, but weak in Body, and calling to mind the uncertainty of life and being desirous to dispose of all such worldly Estate as it has pleased God to bless me with do make and Ordain this my last Will and Testament in manner and form following Viz:
First. It is my Will and desire that my executor after named and appointed do pay all my Just debts out of the first and readied of my property and debt due me as he may think best and most convenient.
Second, I give to my two grand Children James and William Caldwell to them and the heirs of their Body lawfully begotten on their arriving at Lawfull age, each one half of all the residue of my Estate both real and personal and if both or either of them should die before coming of age or without heirs of their body, then in that case I give the property before left them to my Four Neices, Viz, Sarah C. Black, Harriet Caldwell, Charlotte McDowell, Agatha McDowell and my two Nephews Patrick and James McDowell. On the death of each or either of my grand Children, the share of my foresaid Estate willed to them to be paid by my Exor within a reasonable time after the death of either or both of them, all that part of my Estate Willed to them, to them or the survivors of them or the heirs of their Body, at the time of said went [Sic: when] taking place.
Third and lastly, I hereby constitute and appoint my friend John Black my Sole Executor and trustee of this my Will and Testament, hereby revoking all other wills by me made, it being by me clearly intended and understood that no part of my foresaid Willed estate is to pass into the hands of any Guardian or other trustee for my grand Children except my said executor and trustee for their use at their arriving at Lawful age as aforesaid, but to remain in his use as a compensation for his trouble.

Codicil to Mrs. Watts Will
Whereas I Janetta Muir Watts of Newberry having duly executed in the foregoing two pages my last will & testament and bearing date also this 6^th of November and bequeathed all my property to my two grand Children James and William Caldwell on their arriving at lawful age and desirous to make any aforesaid Will as explicit as possible do wish it understood that if one dies before the other the survivor to inherit the others share. I also wish and hereby bequeath to my Neice Sarah C. Black all my wearing apparel, spun Cotton, and Cloth, to be by her disposed of as I have directed her. It is further my wish that my Exor at his discretion pay over to my grand children occasionally such sums of money as he thinks they ought to have for pocket money or other necessary uses.

South Carolina, Newberry Court House } I certify that this sheet of paper contains a Correct Copy of the last Will and testament of Janetta M. Watts dec^d as filed in my Office.

Ordinary Office 28^th April 1827

Probated 25 April 1827.

Parents: Patrick McDowell and Agatha Conwasy

Patrick McDowell [3 July 1804 (by calculation) - 30 March 1844 (age 39y 8m 27d) RIC/FG] married Nancy Narcissa Marshall [16 April 1717 - 3 January 1882 ROH/FG]. She later married Irvin Hutchison as his second wife. Patrick and Nancy had the following children.

Parents: Unknown

Alexander McDowell [Bf 1774 - 1809] lived with his brother Patrick in the 1790 Census. See Abbeville court record for validation that they resided in Abbeville County. His 1807 Will exists.

In Equity 1819 Newberry District. Exparte Langdon Cheves & James McDowell Exors of A. McDowell (Decd) } Petition for the sale of land. O'Neall & Johnston Soli^rs. Jno T. Yonig.
The State of South Carolina, Newberry District } In Equity.
To the Honorable the Judges of the Court of Equity of the said State. The petition of Langdon Cheves and James McDowell Executors of the last Will and Testament of Alex^r McDowell (Decd) Sheweth that Alexander McDowell of the City of Charleston on the 6^th day of December 1807 made and executed his last Will and Testament wherein is the following clause "It is my will and desired that if it shall appear to my Executors for the Interest of those to be benefitted by my estate at any time to sell any part of my real estate out of Charleston that they do so however after the expiration of two years after my death except certain tracts of land to sell which I have employed William Dunlap and which I wish to be sold as soon as my Executors shall judge proper that your petitioners together with others were named Executors of the said last Will and Testament; that shortly after the Execution of the same the said Alex^r McDowell died leaving the same uninvoked and in full force and the said Will was duly proved and allowed of and your petitioners alone qualified as Exors, that your petitioners concieved that it would be for the Interest of those to be benefitted by the estate of Alex^r McDowell, that the following tracts of land being part of his real estate out of Charleston should be sold, to with four tracts of land situate lying and being in the Spartanburgh District containing in the whole to fifteen hundred and twenty and a half acres having such shape form marks buttings and boundings as will more fully and at large appear reference being had to Bounding Platts herewith filed marked No. 1, 2, 3 & 4. That one of your petitioners residing in Philadelphia and that the other in Charleston it will be almost impossible for your petitioners to attend the said sale. Whereupon your petitioners pray your Honors that the said tract of land may be ordered to be sold by their duly authorized agent Wm Caldwell Esqr on a credit of one year and that their said agent do make and execute titles for the same.

On hearing the petition It is ordered that the lands in the petition mentioned be sold by the agent of the petitioners on a credit of one year purchaser giving bond and security and a mortgage of the premises and that the agent of the petitioners do make and Execute title for the same.

NewberryRecordBookB2:46-49 and NewberryCourtPetitions:[Loose Papers]

Mr. John Black Columbia May 14^th 1825
Dear sir: I rec your favor by last mail respecting Bostick debt collected by Mr. McCrackan as Mr. Wilson has acknowledged the collection of it by Mr. McCrackan if he cannot find the date of it in his books, he can certainly fix some period with you of the time that it must have been collected so as you get the business settled even should you be a looser of some interest as to Mayrick note there is no dispute in that case as it was given for his purchase of some of the Cambridge property. I do not know the date of the note, but I suppose Wilsons statement is correct. Respecting the $500 collected by Mr. Blocker as att^y for A. McDowall & Wm Russel of Davidson & Blocker assignee property to those Estates and a ballance of that $500 not paid over to Est. of Wm Russel by Mr. Blocker and not devised with the Est. of A. McD was in the early part of the year 1815 and the Est. of A. McD in receiving this $500 to ballance the other $500 paid to Russel should be entitled to interest from that time to put the two Est. upon an equal footing. You will endeavor to get a statement from Mr. Blocker of the ballances that is not collected of Davidson & Blocker assign^d property to those two Estates as there has been no payment made by Mr. Blocker in that business since the above $500 in question. Respecting Mr. Caldwells petitioning the Court of Equity for the sale of Lands of Est. of A. McD, Mr. Cheves & myself never give him any authority to do any such act. All that I did was giving him the plats & other papers and wish^d him to endeavor to find them in the county and if claimed by others as the Est. at that time was unsettled and no dividend made amongst the Legatees. Three of which was in Scotland. Mr. Cheves & myself as acting Executors petitioned the Court of Equity in Charleston for the Sale of the Estates Town property to pay the debts of Est. and in course it was our business to have apply^d to the Court for the sale of the Lands in the Country for a division amongst the Legatees. But Mr. Caldwells petitioning the Court in this case was much such a case as the Est. of P. McDowall & Negro Rose as the Court has granted Mr. Caldwell permission you can take advice of your Lawyer whether the Commission in Equity can sell those Lands and make titles from that petition granted to Mr. Caldwell. If so you can have them sold if there is any to be found and if the Master in Equity can make titles to Kelgor Lands already sold. If it can be done that way it would be better to do so as it would save some expence & trouble to make application again. If it cannot be done, the petition must be sent on to Mr. Cheves to sign as I suppose the Court would not grant the petition without the signatures of both Executors. You will observe that all moneys that you may collect from the Estate of A. McD or any moneys arriving form the Sale of those Lands of said Est. must be divided into eight shares say five shares to the Legatees children of Patrick McDowall two shares to Legatees in Scotland and one share to Patrick McClure assigned to his Creditors in Charleston Mr. Tunis the assignee to whom I have paid the former dividends to. The last three shares you will retain in your hands til further orders. The former five shares to Patrick McDowalls Children you will pay to Each of them their respective Share and take their receipt for the same. I have sent one Bottle Macaba Snuff which cost one dollar. I could not get any Bottles of Snuff two for a dollar in this place. I suppose the Bottles must be smaller. You will take advice whether one of the Executors will do to Sign the petition to the Court of Equity when the other Executor is absent & left the State and has not acted for eight or nine years past. I suppose it would be too late for this Court before you could send in the petition to Mr. Cheves and get it back. I am Dear Sir Respectively your &C.

NewberryPetitionsEquityPapers(1826):[Loose Papers]

I leave the whole managment of Co^l McPhersons debts to the Estate of Alex^r McDowall under your discretion & judgment consulting my coexecutors Mr. Ja^s McDowall when you want any information. I only desire that it be brought to a close. I will sign the title. I have no information as to the description of the land. It will be necessary, however, to be a little particular in that the title, of course, will contain no covenants in relation to the unsold lands & the titles to the two tracts sold by Mr. A. McDowall in his life time. I am willing to do anything you advise. I was unwilling to go into a Court of Equity because of the expense to get authority to make titles to the tracts sold by Mr. McD in his life time. Of the others we had no information. Would it not be well to couple these matters together in an application to the Court of Equity, if it can be done. The first object being to get Authority to make titles to the lands sold by the testator & the next to Authorize W. Caldwell to sell the other lands to the best advantage according to his best judgement and authorize the Exors to make titles accordingly. I should not like without some such order to sign titles for private or occasional sales which should be made by anyone. Such an order would remove this difficulty & the sales would no doubt be more advantageous to the Estate then if made at Public auctions; which I think ought to be the course if such an order be not obtained. I am D. Sir with the greatest respect & esteem yr bless

Robert Y Hayne Esq^r Charleston So Carolina

NewberryPetitionsEquityPapers(1826):[Loose Papers]

South Carolina. I Alexander McDowall of the City of Charleston in the State aforesaid Merchant being of sound mind memory and understanding, under a conviction of the uncertainty of life, do make publish and declare this to be my last Will and Testament.
Imprimis. It is my Will and desire that all my just debts be fully paid and satisfied by my Executors hereinafter named, as soon after my death as shall be expedient.
Item. I give devise and bequeath unto my said Executors hereinafter named and to their heirs executors administrators and assigns, all the rest and residue of my Estate and Property real and personal (after the payment of my debts) whatsoever and wheresoever in trust nevertheless that they divide or cause to be divided all my Estate and property aforesaid in Eight equal parts, shares or portions, and that one of them be conveyed and transferred by my said Executors as soon after my death as practicable, unto my Sister Grace McClure in Scotland Widow her heirs, executors administrators or assigns. But if my Sister cannot take her portion of real Estate by reason of being an Alien, then the Value of the same to be raised out of the portions of the Devisees and Legatees who are Citizens of the United States, and made up in Value to my said Sister by them, they taking in lieu thereof, her one eighth or portion of the real Estate.
Item. It is my Will and desire that one other part share or portion aforesaid be conveyed and transferred by my said Executors as soon after my death as practicable, unto my Niece Grace McClure in Scotland Spinster, her heirs, executors administrators or assigns. But if my said Niece cannot take her portion of real Estate by reason of being an Alien, then the Value of the same to be raised out of the portions of the Devisees and Legatees who are Citizens of the United States and made up to my said Niece by them, they taking in lieu thereof her one eighth or portion the real Estate.
Item. It is my Will and desire that one other part, share or portion aforesaid be conveyed and transferred by my said Executors unto my Nephew Patrick McClure at present in Charleston upon his attaining the age of twenty one years to him his heirs executors administrators and assigns. But if my said Nephew Patrick McClure cannot take his portion of real Estate by reason of being an alien, then the Value of the same to be raised out of the portions of the Legatees who are Citizens of the United States, and made up to my said Nephew by them, they taking in lieu thereof, his one eighth or portion of the real Estate.
Item. It is my Will and desire, that the other five parts, shares or portions aforesaid be conveyed and transferred by my said Executors, one share to Harriot McDowall of Charleston Spinster, one Share to Charlotte McDowall of Charleston, one share to Agatha McDowall of Charleston, one share to Patrick McDowall of Charleston, and the remaining share to James McDowall of Charleston, five Children of my late Brother Patrick McDowall of Charleston deceased, as they shall respectively attain the age of twenty one Years, to them their heirs executors, administrators and assigns respectively.
Item. It is my Will and desire that in case anyone or more of my said Legatees should die before attaining twenty one Years of age, and without leaving lawful issue alive, that his, her or their portion or portions aforesaid enure to the benefit of the survivors of my said Legatees.
Item. It is my Will and desire that if it shall appear to my Executors for the interest of those to be benefited by my Estate, at any time to sell any part of my real Estate out of Charleston, that they do so after the expiration however of two Years after my death except certain tracts of Land, to sell which I have employed William Dunlap, and which I wish to be sold as soon as my Executors shall judge proper.
Item. It is my Will and desire that my Executors do immediately after my death given and deliver the Watch and Chain & appendages I wear to my Nephew Patrick McClure his Exors Admors & assigns.
Item. It is my Will and desire that my Slave Aaron be manumitted by my Executors immediately after my death as a reward for his faithful Services and attachment towards me in my lifetime; and that he be on no account whatsoever held in bondage longer than can be helped: and it is my further desire that my Executors pay to Aaron the sum of two hundred dollars and give up to him my Horse.
Lastly, I hereby nominate and appoint Doctor John Noble, James McDowall of King Street, James McCracken of Cambridge in this State and Langdon Cheves of Charleston Executors of this my last Will and testament, and I hereby revoke all former ones. In Witness whereof I hereunto set my hand and Seal at Charleston in the State aforesaid this Sixth day of December in the Year of our Lord, one thousand Eight hundred and Seven.

South Carolina, Charleston District } by Charles Lining Esquire Ordinary Personally appeared before me, John Barelli, one of the subscribing Witnesses to the foregoing Instrument of Writing, and made Oath upon the holy Evangelists of Almighty God, that he saw Alexander McDowall sign, seal, publish, pronounce and declare the same, to be and contain his last Will and Testament, that he was then, of sound and disposing Mind, Memory and Understanding, to the best of the Deponents Knowledge and Belief, and that James Blair and Anthony Torre, together with this Deponent, signed their Names as Witness thereto, at the request of the Testator, in his Presence, and in the Presence of each other. At same time qualified James McDowall and Langdon Cheves Executors. Given under my Hand this eighteenth day of August in the Year of our Lord 1809 and in the thirty fourth Year of American Independence.

A True Copy taken from the Original will and Probate and examined by me.

Ordinary's Office July 15, 1811

Parents: Unknown

John McDowell [c1770 - Bf 1830] married Esther/Hester MNU [c1760 - Aft 1850]. Esther reports being born in Ireland in the 1850 Census which was also likely true for John. They had the following children.

Proof that James is a son is found in deed AndersonDBO:182. The deed also names John as "Senior" which indicates that there is likely a son named John. The land deeded to James is next to the land of William Smith. In the 1850 Census, Esther at age 90 lives with Mary at age 58 next to the family of William Smith which indicates that Esther is the wife of John Senior and Mary is the wife of John Junior.

Esther appeared in the 1840 Census and the 1850 Census with her son John's family.

This deed of gift led to a land dispute in 1849 which contains significant family information. We present the documents in the case below.

Real Estate of James McDowell, Petition for Sale
Filed 18 Jany 1848 H. Hammond O.A.D.
To Herbert Hammon, Ordinary of Anderson District, South Carolina
Your petitioner respectfully sheweth that she was the widow of James McDowell late of Talladega County, Alabama, Deceased, who died intestate. That said McDowell, during his life time, and at the time of his death, had and possessed certain Real Estate, in a tract of Land, situated in Anderson District, South Carolina, on Broadway Creek, (the waters of Rocky River) containing one Hundred & Seventy Five Acres, more or less, bounded and described as follows, "Beginning on a Black Oak, North 17° West 60.80 on Hugh Wardlaws line, to a stake, thence South 56° West 57. on said Wardlaws land to a stake, thence South 48° West 19.50 to a stake on Wess Smiths land, thence South 28° East on Millers line 14.50 to a stake, then with Millers line North 62° East 37.40 to a stake, thence South 28° East 3.20 to a stake, thence North 56° 38.5 on Ked's line to a Black Jack, thence North 34° West 19.50 to the beginning Black Oak." That your petitioner in order to avail herself of the proceeds of her thirds, and that the three minor children of the said James McDowell, Deceased, viz, John Thomas McDowell, about Ten years of age; James McDowell, eight or nine years of age, and Martha Ann McDowell, seven years old, may also receive their respective portions, I recommend that some suitable and proper person may be appointed Guardian ad litem to attend to their interests and that you would take the necessary course to bring the above described tract of Lands to sale or partition as early as is convenient with the Rules of your Court. All of which is respectfully submitted.

Test: J.W. Stewart
AndersonPendletonDistrictEstatePapers:[Loose Papers]

Real Estate of James McDowell } Evidence on Investigation 10 Jan 1849
Grizzalla Fuller vs Heirs of James McDowell by their Guardian ad Litem A.O. Norris Esqr} In the Court of Ordinary
The petition of Grizziller Fuller late wid of James McDowell Dec^d and now the wife of Wm. S. Fuller was presented to this Court 18^th January 1848 and praying that the Real Estate of s^d James McDowell Dec^d should be brought to sale. Accordingly a Summons in partition was issued bearing date 2^nd February 1848 Citing the parties to appear on this 8^th day of February 1848 to shew cause if any they could why said Real Estate should not be divided or sold. As the Minors of James McDowell Dec^d were incapable of attending to their Interest, the Court appointed A.O. Norris Esqr. Guardian ad Litem, there being none of the children of full age.
It appeared in Evidence in favor of petition that the Land in question was conveyed to James McDowell Dec^d from his Father John McDowell Sen^r by Deed dated [blank] which was Recorded in the Clerks office of this District Book [blank] page [blank]. Hester McDowell by her atty: R.S. Vandiver appeared and objected to the said division or sale of said Land on the following grounds.
First because the said James McDowell in his lifetime by Deed duly Executed Conveyed the said Land to the aforesaid Hester McDowell.
Secondly Because the said Hester McDowell had acquired a Title to the said Land by continued adverse possession for more than ten years before the death of the said James McDowell.
In support of these objections the following Evidence was offered.
Polley McDowell being Sworn Testified. She knew there was a deed Executed by James McDowell to Hester McDowell for this tract of Land. The deed was Executed in the year 1827. She heard this deed read before it was signed, the deed had a seal to it and was a regular deed. Elizathen Major and herself were both subscribing witnesses to the same, James McDowell Signed his name in presence of them both to the said deed and they both witnessed the deed in presence of each other and of the said James McDowell in their presence. Hester McDowell is an old woman incapable of attending to her business by reason of Infirmity of body and weakness of mind. She knows but few of her neighbors and has no recollection of Events. She this deponent has made diligent search for the aforesaid deed and cannot find it. Search was made in the House amongst the papers of Hester McDowell. She did know that the deed was ever recorded. When the old man John McDowell Deeded the Land to James McDowell he (John McDowell) continued in possession up to his death which happened in 1826 and Hester McDowell the old mans widow has ever since continued in possession up to this day and John McDowell continued to pay the Taxes on the land up to the time of his death, and Hester McDowell has paid Taxes or witness has paid them for her from John McDowells death untill the present time. She has no knowledge of James McDowell ever having paid Taxes for the Land. John McDowell and after him Hester McDowell never paid James McDowell any Rent for the land. James McDowell she thinks moved from South Carolina in the year 1828 and has never resided in this county since that time only for a short time on visits and she thinks that James McDowell died in the year 1840 in the State of Alabama. At the time the deed was Executed to Hester McDowell by her son James McDowell in 1827, she (Hester McDowell) was of sound mind and capable of attending to her business but has subsequently become incapable of managing her affairs.
State of South Carolina, Anderson District } Personally appeared Elijah Major & under Oath that he did see the aforesaid James McDowell duly Execute and Sign a Deed of Conveyance of the above described land he thinks in the year 1827 and that Polly McDowell was with himself a Subscribing witness to the same and that the aforesaid land was conveyed by the aforesaid James McDowell to his Mother Mrs. Hester McDowell widow of John McDowell of the State & District aforesaid. Sworn to and subscribed before me this 10^th day of January 1849. Elijah Major.
Herbert Hammond O.A.D.
AndersonPendletonDistrictEstatePapers:[Loose Papers]

Parents: John McDowell and Esther MNU

James McDowell [Unknown - c1840s] married Grazilla/Grizelda Drennan [c1813 - Aft 1880] on 23 December 1834 in Talladega County, AL. She later married William Simpson Fuller. See the Grizzilla Fuller case for the family geneology of James and Grizilla. They had the following children.

Parents: John McDowell and Esther MNU

William McDowell [c1780s - Aft 1860] married Jane Cavin/Cavim/Cavern [1780s - Aft 1860], the daughter of Alexander Cavin and Margaret MNU. Based on various records presented below, they had the following children.

Parents: John McDowell and Esther MNU

John McDowell [Aft 1793 - c1820s] married Mary Jane (Lewis) [c1792 - Aft 1860]. PMT reports that she is the daughter of Col. Richard Lewis and Sarah Miller, but we've found no proof. They had a son who was known as Washington in various records.

The following court case likely resulted from the above deed.

Mary attended court as a witness.

John McDowell and Esther MNU

Elihu C. McDowell [1798 - 1864 SHAG/FG] possibly married first to Gwathany MNU and they had three children.

He married second to Sarah Ann McGahee on 11 January 1844 in Coosa County AL and they had the following children. She was previously married to Moses Kelly and they had Lucinda Kelly, Rebecca Kelly, Samantha Kelly, and Martha Jane Kelly.

Parents: Unknown

James McDowell [Bf 1774 - 1809] married Susannah Merritt [c1775 - Aft 1830]. They appeared in the following census records.

The above 1810 census record for her age is likely wrong and should be 26-44.

Alexander McDowell

Will of Alexander McDowell

Will of Alexander McDowell

Will of Andrew McDowall

An Additional account of Sales of the estate of George McDowell dec^d.
Manaring Lowery One hone – one dollar
Alexander McDowell one Rasor – $0.25 cts
Alexander McDowell one Deper – 0.25
Alexander McDowell one hackle – 0.12½
Alexander McDowell one calf – 4.25
Alexander McDowell nine gerk – 0.62½

Alexander R. McDowell

Will of Hugh McDowell

Will of Isabell McDowell

300 Acres Land in Spartenburg District So. Ca. bequeathed to Wm McDowell original Grants and Titles handed over to him Value unknown

Mount Carmel possessions in the Western Country held by Virtue of a title Bond Value Unknown amount of Payments supposed to have been made so Will hereafter more fully appear

Will of John McDowell

Will of Mary McDowell

Will of Elizabeth McDowel

DARLINGTON COUNTY

To Cash Rec^d of __ – 34.50

725.40