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John Blakeney, Jr., the son of Capt. John Blakeney, died in 1848 in Chesterfield County, South Carolina.  At the time of his death, he had left land to numerous descendants.  It wasn’t until 1870, more than twenty years after his death, that the land was actually divided among his heirs.

The suit was brought by Aaron H. Blakeney, one of John Jr.’s descendants and heirs.  The reasons for the suit aren’t clear, but it seems likely that he was interested in selling his portion, and he was required to finalize any division of property before any sale could take place.

The papers for this suite were found among the probate papers for John “Jack” Blakeney, III, the son of John Jr.  Jack Blakeney, the father of twenty children, died in 1876.  I was able to locate the probate documents on familysearch.org, under South Carolina Probate Records, Files and Loose Papers, 1732-1964.

It is interesting to note that these papers refer to the loss of records in Chesterfield County during the “late war,” i.e. the Civil War.  Probate records from John Blakeney, Jr. were no doubt included in those records which were lost during the war.

Below is a transcription of the papers from the land division suit.  Also included in the papers was the last will and testament of John “Jack” Blakeney, III from 1876, which I will be posting separately.  One thing to keep in mind is that the “John Blaneney Sen” mentioned in these documents refers to the person we know as John Blakeney, Jr., the son of Captain John Blakeney.  This sometimes causes confusion for researchers, because the terms were relative – if the original “Senior” was no longer living, and the “Junior” also had a son of the same name, the former “Junior” was then promoted to the “Senior” designation.

The land division suit consists of twelve pages, which includes the envelope cover.  Spacing and formatting in the transcription were kept as close as possible to the original documents:

Page 1

(envelope cover) Blakeney, John #302

Page 2

The State of South Carolina

Chesterfield County

To Nancy Lowry, John Blakeney, the children of Eli Welch and Jane(?) his wife, whose names are not known, Nathan Funderburk and Nancy his wife, Calvin Lowry, Marshall Laney, Arch. Brown Laney, Alex. Lowry, Lewis Laney and other children of Sookey Laney, deceased, whose names are not known, Matthias Beaver and Elizabeth his wife, Frankey Shute, Aaron H. Blakeney, (blank) Moseley and wife Elizabeth Miranda, Michel Evans, Elizabeth Blakeney, Harry Vail and his wife Babara, M.L. Blakeney, Drusilla Rogers, Jacob Funderbuk and wife Amanda, and Lewis Columbus Blakeney, legal heirs and representatives of John Blakeney Sen., who in his lifetime made and executed his last will and testament, which has been lost or destroyed by the burning of the public records of said county during the late war – greetings.

You are hereby required to appear at the Court of Probate to be held at Chesterfield Court House for Chesterfield County, on the 22nd day of April A.D. 1870, to show cause, if any, you can, why the real estate of John Blakeney Sen., deceased, situated in said county on the waters of Hill Creek, bounded by land of Harry Funderburk, Willis Jenkins, and others containing One Hundred acres, more or less, should not be divided or sold for a division amongst the heirs above named according to their respective legal rights.

Given under my hand and seal this

11th day of March A.D. 1870

Hugh Craig

Judge of Probate

 

Page 3

(right flyleaf)

By my special Deputy C(?) served the within named John Blakeney, M.L. Blakeney, Drusilla Rogers, Elizabeth Blakeney, Aaron H. Blakeney, Michel Evans & Mathias Beaver personally with a copy of the within summons for partition

11th Apr 1870

P.F. Spofford S.C.C.

Service 7 copies 7.00

11.8 miles @ 5   8.40

Entry + Return   .50

$15.90

 

Page 4

Aaron H. Blakeney

Vs.

Nancy Lowry – Georgia

John Blakeney – Chesterfield

Children of Eli  – Georgia
& Jane Welch

Nancy Funderburk wife of
Nathaniel Funderburk

 

Calvin Laney – Lancaster

Marshall Laney – Lancaster

Arch. Brown Laney – Lancaster

Alex Laney – Lancaster

Lewis Laney – Lancaster

(the above Laneys are also listed as being children of Sookey Laney)

 

Elizabeth Beaver – Georgia

Matthias Beaver – Chesterfield

Frankey Shute – Lancaster

Aaron H. Blakeney – Chesterfied

Elizabeth Miranda Mosely – Kershaw
wife of  (blank) Mosely

Michel Evans – Chesterfield

M.L. Blakeney
Rogers(?) wife Drusilla

Jacob Funderburk – Alabama
wife Amanda

Lewis Columbus Blakeney­

 

Page 5

(Names are listed in three columns on original document.  Place names in parentheses are listed on original document.  Other items in parentheses are not – they were added.  An “x” next to a name probably designated that the person has been served with summons)

Aaron H. Blakeney

Vs.

(column 1)

Nancy Laney – Ga x

Children of Eli +
Jane Welch   – Ga x

(Ala)

Henry Vail (or Vaile) +
wife Barbara  x

Jacob Funderburk  x
+ wife Amanda

Lewis Col Blakeney x

 

(column 2)

(Chesterfield)

John Blakeney x

Mathias Beaver x

Aaron H. Blakeney x

Michel Evans x

Eliz. Blakeney x

M.L. Blakeney x
wife Drusilla x

(Kershaw)

(blank) Mosely +
wife Eliz. Miranda x

 

(column 3)

(Lancaster)

Nathan Funderburk
+ wife Nancy  x

Frankey Shute x

(No. Ca.)

Calvin Laney x

Marshall Laney x

Archd. Brown Laney x

Alex Laney x

Lewis Laney x

 

Page 6

Sheriff’s Office Lancaster C.H. S.C.

April 21st, 1870

Hugh Craig Esq Judge of Probate

Sir Your Enclosing(?) summons in Partition was received by Saturday nights mail, 16th , I served the copies on Monday which was the first possible chance.  The mails do not leave here daily and you will not get this as soon as you desired.  I enclose original with return endorsed thereon and proven together with my tax costs.  Yours respectfully

Jas. D. Caskey Sheriff

Lancaster County

 

Page 7

The State of South Carolina.  Chesterfield County.

To Nancy Laney, John Blakeney, the children of Eli Welch and Jane his wife, whose names are not known, Nathan Funderburke and Nancy his wife, Calvin Laney, Marshall Laney, Arch. Brown Laney, Alexr. Laney, Lewis Laney, and other children of Sookey Laney deceased whose names are not known, Mathias Beaver and Elizabeth his wife, Franky Shute, Aaron H. Blakeney, Reddick Mosely and wife Elizabeth Miranda, Michel Evans, Elizabeth Blakeney, Henry Vails and his wife Barbara, M. L. Blakeney, Drusilla Rogers, Jacob Funderburk and wife Amanda, and Lewis Columbus Blakeney, legal heirs and representatives of John Blakeney Sen.  who in his life time made and executed his last will and testament which has been lost or destroyed by the burning of the public records of said county during the late war – Greeting –

You are hereby required to appear at the Court of Probate to be held at Chesterfield Court House for Chesterfield County on the 22nd day of April A.D. 1870, to show cause, if any you can, why the real estate of John Blakeney Sen, deceased, situated in said county, on the waters of Hills Creek, bounded by lands of Harry Funderburk, Willis Jenkins and others, containing One Hundred acres more or less – should not be divided or sold for a division amongst the heirs above named according to their respective legal rights.

Given under my hand and seal this

11th day of March A.D. 1870

Hugh Craig

Judge of Probate

 

Page 8

(back of previous letter)

(left flyleaf)

Lodged 14th April 1870

J.P. Barwell (seal)

(—?)  .50
Mileage 1.25
Service 1.00
$2.75

By my special deputy of B—(?) I have caused a copy of this summons to be served on Reddic Mosly + wife 14th April 1870

J.P. Barwel

Sheriffs return

P(—?) before me

  1. Shivers

Clerk

(center panel)

Court of Probate

Chesterfield County

Aaron H. Blakeney

vs.

Nancy Lowry
+ others

Summons for Partition

 

Page 9

(same text as previous letter)

Given under my hand and seal this 11th day of March A.D. 1870

Hugh Craig

Judge of Probate

 

Page 10

(back of previous letter)

(left flyleaf)

Lodged in my office

April 18th 1870. J.D. Caskey  S.L.C.

In my own person on the 18th April 1870 I personally served a copy of this summons on Nancy Funderburk wife of Nathan Funderburk also served a copy on Frankey Shute by leaving the same at her residence.  Jas. D. Caskey  Shff. L.C.

Services proven before me

T.H. Clyburn
Clk.

(center panel)

Court of Probate

Chesterfield County

Aaron H. Blakeney

vs.

Nancy Lowry
+ others

Summons for Partition

 

Page 11

The State of South Carolina
Chesterfield County
To Hugh Craig Esq Judge of Probate
The Petition of Aaron H. Blakeney
Shewith that John Blakeney Sen deceased, in his lifetime and at the time of his death was seized and possessed in his own right of a certain tract of land lying and being in said county on the wates of Hills Creek, bounded by lands of Henry Funderburk, Willis Jenkins and others and containing our hundred acres more or less ~

Your petitioner further shewith that said John Blakeney — in his life made, executed and published his last will and testament devising and bequeathing (as he has been informed) the aforesaid tract of land to his widow Nancy Blakeney for and during her natural life and after her death to go to the children of the said John Blakeney Sen.

Your petitioner further shewith that the said Nancy Blakeney has departed this life leaving her surviving the following children Nancy Laney the wife of David Laney residing in the state of Georgia, that the said David Laney died previous to the death of said Nancy Blakeney – John Blakeney, Jane Welsh the wife of Eli Welsh, both of whom it is said are dead leaving several children whose names are not known to your petitioner, all of whom reside in Georgia – Sookey Laney the wife of Archd. Laney, both of whom are dead, leaving their surviving Nancy Funderburk the wife of Nathan Funderburk, who resides in Lancaster County in said state of South Carolilna, Calvin Laney, Marshall Laney, Archd Brown Laney, Alexr Laney + Lewis Laney all residing in North Carolina and other children residing in other parts, beyond the limits of the state – whose names are unknown – Elizabeth Beaver (continued)

Page 12

(continued from previous page)

Who has removed to Georgia and who intermarried with Mathias Beaver, who your petitioner is informed still resides in this county – Franky Shute, residing in this county, who intermarried with Henry Shute, who has been dead for some time past – Hugh Blakeney who died several years ago leaving his surviving your petitioner Aaron H. Blakeney and a grand daughter the daughter of his deceased son John Blakeney named Elizabeth Miranda who has since married a man named Mosely both residing in Kerhaw District – Michel Evans now residing in this county who married Berry L. Evans who has since died – and Lewis Blakeney who died leaving him surviving his widow Elizabeth Blakeney and his children Barbary Vails who married Henry Vails both residing in Alabama, M.L. Blakeney, Drucilla Blakekey Rogers who married Young A. Rogers, and resides in this county – Amanda Funderburk who married Jacob Funderburk, residing in Alabama – and Lewis Columbus who is in Alabama.

Your petitioner prays that a summons in partition do —(?) citing all the parties to appear in a day fixed in this court to show cause if any they can why the real estate above described should not be divided or sold –

Jany 5th 1870

Aaron H. Blakeney

(on flyleaf after above text)

In Probate Court

Chesterfield County

Aaron H. Blakeney – Petition for division or sale of real estate of Jno Blakeney Sen

vs

Nancy Laney

David Laney

John Blakeney

Children of
Eli Welsh + wife Jane
+ wife Nancy

Calvin Laney

Marshall Laney

Archd Brown Laney

Alex. Laney

Lewis Laney
— children

Mathias Beaver
+ wife Elizabeth

Franky Shute

Aaron H. Blakeney
(blank) Mosely + wife

Eliz Miranda

Michel Evans

Eliz. Blaneney

Henry Vails +
wife Barbara

M.L. Blaneney

Young A. Rogers
+ wife Drusilla

Jacob Funderburk
+ wife Amanda

Lewis Columbus Blakeney

— Jany 5th 1870
Hugh Craig

Notice 4 Mar 1870

To appear 22 April 1870

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