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Title
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Summons for Relief in the estate of William Plumley
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Accession Number
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2007.38.39
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Date
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October 7, 1905
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Storage Location
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General Archive Box #6 Folder #4
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Text
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[first sheet. Handwritten in the margin: B&B1.]
State of South Carolina, County of Greenville
G.W. Plumley as Admr &c Plaintiff against
Lucretia Plumley et al Defendants
SUMMONS FOR RELIEF, (Complaint Served.)
Blythe & Blythe, Plaintiff's Attorneys.
Copy for G. W. Plumley
State of South Carolina
County of Greenville
Court of Common Pleas.
G. W. Plumley, as Administrator of the estate of William Plumley, deceased, Plaintiff.
vs
Lucretia Plumley, Mrs. Malissa Pierce, Mrs. Lydia A. Smith, J. D. Plumley, Mrs. Margaret Lindsay, Mrs. Mary Metcalf, W. H. Plumley, Mrs. Malinda Pace, Morris Plumley, G. W. Plumley in his individual right, W. D. Plumley, Leonard Plumley, Benjamin Plumley, Addie Plumley, Mrs. Hessie Foster, Wavie Plumley, Lucretia Griffin, Lizzie Griffin, Rufus Griffin, Mintie Griffin, and Earnest Griffin, Defendants.
The Complaint of the above named plaintiff respectfully shows:
1.
That William Plumley, late of the County and State aforesaid, departed this life on the 9th day of October A. D. 1900, leaving as his heirs at law and distributees of his estate the following: his widow, Luctretia Plumley, and his children George W. Plumley, who is plaintiff herein, Mrs. Malissa Pierce, Mrs. Lydia A. Smith, J. D. Plumley, Mrs. Margaret Lindsay, Mrs. Mary Metcalf, W. H. Plumley, Mrs. Malinda Pace and Morris Plumley, all of whom are of full age, and reside in this State: and his grandchildren W. D. Plumley, Leonard Plumley, Benjamin Plumley, Addie Plumley, Mrs. Hessie Foster, and Wavie Plumley, all of whom are children of P. C. Plumley, a son of the said William Plumley, and who died some time before his said fater, and all of whom are of full age except Addie Plumley and Hessie Foster, who are minors over the age of fourteen years, and Wavie Plumley, who is a minor under the age of fourteen years; and his grandchildren Lucretia Griffin, Lizzie Griffin, Rufus Griffin, Mintie Griffin, and Ernest Griffin, who are children of a deceased daughter of the said William Plumley, and all of whom are minors, the first named three of whom are over the age of fourteen years,
[second sheet. Handwritten in the margin: B&B2.]
and the last two of whom are under the age of fourteen years.
2.
That the said William Plumley died seized and possessed of a considerable estate, both real and personal,; he died intestate as to all his personal estate, and after his death the plaintiff G. W. Plumley was duly appointed administrator thereof by the Probate court of Greenville County, duly qualified as such administrator, and is now engaged in the administration of the same; the said William Plumley left two wills, both of which have been probated in common form, and entered and recorded in said Probate court, Book "H", pages 355-360 inclusive; that the first of said wills was dated 22nd September 1898, and purported to will and devise to the defendant W. H. Plumley certain real estate therein specified by metes and bounds, being the lower part of what is known as the Trammel tract; the second of said wills bears date October 6th 1900, and purports to will and devise to the defendant Morris Plumley the other portion of the said Trammell tract of land which was not devised to the said W. H. Plumley bu the first will above referred to.
3.
Plaintiff further alleges that at the time each of the aforesaid wills was executed it was verbally, but distinctly, agreed by and between the said William Plumley, and the said W. H. Plumley and Morris Plumley, that the said devises of the said real estate were made to them upon the express condition that each of them accepted said lands as in full of all further claims they might have upon the residue of the estate of the said William Plumley, and the said W. H. Plumley and Morris Plumley are still willing to carry out said agreement and relinquish their interest in the residue of the estate, and have signed a written agreement to that effect, but inasmuch as some of the parties are minors and cannot bind themselves, it is further stipulated in said agreement that this action should be brought, and said agreement confirmed by the Decree of this Court; said agreement further provided that this action cover the partition of the other lands left by the said William Plumley, and for
[third sheet. Handwritten in the margin: B&B3.]
the accounting by the administrator, and for the setlement of the whole estate. This action is brought in pursuance of said agreement, and for a partition of the said lands hereinafter described, and for a final settlement of the rights of all parties hereto to all their interests in said estate.
4.
Plaintiff further alleges that for want of specific information he is unable to give an accurate description of the other lands, outside of the Trammel tract, owned by the said William Plumley at the time of his death, but an approximate description is as follows:
A tract of land situated in Glass Mountain Township, containing one hundred and forty five acres, more or less, known as the William Gosnell tract, and described in a deed ofthe same from William XXXXXXX Griffin to the said William Plumley, dated 14 Feb. 1891.
One other tract of land in said Glassy Mountain Township, in the County and State aforesaid, containing one hundred and ten acres, more or less, and fully described in a deed of the same from Agnes Shelton to the said William Plumley, dated Nov. 13th, 1872.
One other tract of land situate in Glassy Mountain Township, in the County and State aforesaid, containing one hundred and sixty acres, more or less, being the same tract described in a deed of the same from Morris Gosnell to William Plumley, dated March 21, 1870.
One other tract of land, situate in Glassy Mountain Township, in the County and State aforesaid, containing two hundred acres, more or less, described in a deed of the same made by John W. Plumley to William Plumley and Moses Plumley, dated March 16th 1863.
5.
Plaintiff further alleges that it will be necessary, during the progress of this suit to have a survey made of the aforesaid lands, some of them are mountainous and the boundaries are not well defined; in the judgment of the plaintiff it will be impossible to
[fourth sheet. Handwritten in the margin: B&B4.]
partition of said lands in kind, and the same will have to be sold by the Court, and the proceeds of such sales divided amongst the parties hereto.
Wherefore plaintiff demands judgment:
(1). That all the lands owned by the said William Plumley at the time of his death, except the said Trammell tract, may be partitioned and divided amongst the parties hereto, except the defendants W. H. Plumley and Morris Plumley, and if such partition and division cannot be made in kind that then the same be sold by and under the direction of the Court, and the proceeds of such sale be divided accordingly.
(2). That the title to the said Trammell tract of land be vested and confirmed in the defendants W. H. Plumley and Morris Plumley, and if necessary that they receive deeds from the Clerk of this Court therefor.
(3). That all the residue of the said estate, both real and personal, be vested in, and confirmed to, the other heirs at law of the said William Plumley except the said W. H. Plumley and Morris Plumley
(4). That the plaintiff be allowed to account to this Court in this action for his administration of the personal estate of the aid William Plumley.
(5). For such other and further relief as may be just and proper in the premises.
October 7, 1905.
Blythe & Blythe, Plaintiff's Attorneys.
State of South Carolina, Greenville County, Court of Common Pleas.
G. W. Plumley, as Administrator of the estate of William Plumley, deceased, Plaintiff.
AGAINST
Lucretia Plumley, Mrs. Malissa Pierce, Mrs. Lydia A. Smith, J. D. Plumley, Mrs. Margaret Lindsay, Mrs. Mary Metcalf, W. H. Plumley, Mrs. Malinda Pace, Morris Plumley, G. W. Plumley in his individual right, W. D. Plumley, Leonard Plumley, Benjamin Plumley, Addie Plumley, Mrs. Hessie Foster, Wavie Plumley, Lucretia Griffin, Lizzie Griffin, Rufus Griffin, Mintie Griffin, and Earnest Griffin, Defendants.
Summons for Relief. (Complaint Served.)
To the Defendants above named
YOU ARE HEREBY SUMMONED and required to answer the complaint in this action, of which a copy is herewith served upon you, and to serve a copy of your answer to the said complaint on the subscribers at their office Miller Building, Greenville S.C. within twenty days after the service hereof, exclusive of the day of such service; and if you fail to answer the complaint within the time aforesaid, the Plaintiff in this action will apply to the Court for the relief demanded in the complaint.
Dated October 7th A.D. 1905
Blythe & Blythe
Plaintiff's Attorneys
To Addie Plumley, Hessie Foster, Lucretia Griffin, Lizzie Griffin, and Rufus Griffin, and Evaline Plumley, with whom the infant defendant Wavie Plumley resides, and W. M. Griffin, with whom the infant defendants Mintie Griffin and Ernest Griffin reside:
TAKE NOTICE: Than unless you have a guardian ad litem appointed to represent your interests in this action within 20 days from the service of the Summons and Complaint herein upon you, the plaintiff will apply to the Court to have such guardians ad litem appointed to represent you.
October 7, 1905.
Blythe & Blythe,
Plaintiff's Attorneys.
Agreement document between GW Plumley and three others regarding William Plumley, deceased
GW Plumley receipt for insurance bond
GW Plumley receipt for Wm Plumley probate charges
GW Plumley receipt for insurance bond
Receipt for property share in estate case
Letter from J. Walter Gray to GW Plumley regarding estate case
Envelope to Mr. G.W. Plumley, empty, labeled "Land Deeds"
Piedmont Savings and Investment Co. register with Geo. W. Plumley
Piedmont Savings and Investment Co. checkbook