John Martin
1785-1861
JOHN (3) MARTIN (MARTIN, SHADRACK)
was the second son of Martin and Dicy Hicks MARTIN and was born in
Rutherford County, NC in 1785. He served with his
brothers Robert and William in the War of 1812 as a
volunteer in the 11th Company, Eighth
Regiment, detached from the 3rd Rutherford County,
NC Regiment. In 1813 he moved with his father about
fifteen miles south to northern Spartanburg County, South Carolina;
in the vicinity of Cowpens Battleground and Thickety
Mountain, which are now in Cherokee County, SC [Cherokee
County was created in 1897 from parts of Spartanburg and
Union Counties]. John apparently was a wealthy farmer;
he owned over 900 acres of land described in a
Commissioner's Sale held in 1866.' In the 1860 Spartanburg County
Census he was enumerated living in the next household to
his brother Robert.
MARTIN,
Jno.
75
M
SC Farmer
LUV,
Malinda
35
F
SC Servant
LUV,
Marion
16
M
SC Mulatto
LUV,
Tucker
13
M
SC Mulatto
LUV,
Pinkney
11
M
SC
LUV,
Alexander
9
M SC
Malinda
probably was John's housekeeper and the boys assisted
with the farming operations.
John never married and died on 4 March
1861. He died without leaving a will and his estate went to
Probate Court for distribution. He
is buried in the New
Pleasant Baptist Cemetery near Cowpens Battleground in
Cherokee County, South Carolina. His grave is marked
with a military headstone representing the War of 1812.
John's estate settlement was administered by James L.
Scruggs and required ten years to reach final
settlement. The following extracts are from his Probate Court
File and were transcribed from the original documents. They are
included here to provide an insight to life in the
middle 1800's in upper Spartanburg
County.
The first document filed
in the matter of the estate of John Martin, is a request for a
Letter of Administration to be issued by the Court
assigning James L. Scruggs as Administrator.
South
Carolina
~
In the Court
Spartanburg
Dist
of Ordinary
To
the Ordinary of said District -
The
honorable petition of Jas. L. Scruggs respectfully
sheweth:
That
John Martin Serv. late of the District and State
aforesaid departed this life intestate a few days ago
prosseper of a small personal estate in the District aforesaid
-
Your
petitioner prays that letter of administration may be
granted hereupon the estate of said decd upon the usual
terms + conditions.
[signed] J. L. Scruggs
March 6, 1861
The Bond, in the amount
of $1,200, a significant amount indicating a large estate; for
administration of the estate, was executed on 22 March
1861. This is a preprinted document with fill-in blanks
for the names.
The
State of South Carolina,
ADMINISTRATION BOND - SPARTAN.
SPARTANBURG DISTRICT
Know
all Men by these Presents, That we Jas. L. Scruggs - R. M. Scruggs,
A. M. Scruggs and Jesse Scruggs are holden and firmly
bound unto Jno. Earle Bomar Esquire, Ordinary for the
District of Spartanburg, in the full and just sum of
Twelve Hundred dollars, lawful money of this State , to
be paid to the said Jno. Earle Bomar or his successors,
Ordinaries of this District, or their certain attorney
or assigns. To which payment well and truly to be made, we bind
ourselves, and every one of us, our and every of our Heirs,
Executors and Administrators, for the whole, and in the
whole, jointly and severally, firmly by these
Presents.
Sealed
with our seals, and dated the 22nd day of March in the
year of our Lord one thousand eight hundred and Sixty
one -
NOW
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if
the above bound - James L Scruggs -
Administrator
of the goods, chattels and credits of John Martin Serv.
deceased, do make a true and perfect inventory of all
and singular the goods, chattels and credits of the said
deceased, which have or shall come to the hands,
possession or knowledge of the said James L. Scruggs or into the
hands or possession of any other person or persons for him
and the same so made do exhibit into the said Court of
Ordinary, when he shall be thereunto required, and such
goods, chattels and credits, do well and truly
administer according to law, and do make a just and true
account of his actings and doings therein required by the
said Court, and all the rest of the said goods, chattels and
credits which shall be found remaining upon the account
of the said Administration, the same being first allowed
by the said Court, shall deliver and pay unto such
persons, respectively, as are entitled to the same by
law; and if it shall hereafter appear that any last Will
and Testament was made by the said deceased, and the
same be proved in Court, and the Executors obtain a certificate of
the probate thereof, and the said James L. Scruggs do in
such case, if required, render and deliver up the said
Letters of Administration, then this obligation to be
void, or else to remain in full force.
James L. Scruggs [L.S.] R. M. Scruggs
[LS.] A. M. Scruggs [L.S.] Jesse Scruggs
Sealed
and delivered, in the presence of J.
McKelvey
The
Administrator; possibly concerned for loss of John's
personal property, on the same day as processing the
Bond, filed a request to sell his personal property.
This is a handwritten document.
State
of South
Carolina
In The Court
Spartanburg
District
of Ordinary
The Humble Petition of Jas. L. Scruggs
Adm. of John Martin Serv. decd respectfully sheweth:
That this intestate died a short time
sinse posseper of a small personal property in the District
aforesaid and in a condition liable to great waste. That in
order to prevent the waste aforesaid and to pay debts
due it is necessary that said property should be sold as
early as practicable. That the said John Martin Serv.
decd (overwritten, unreadable) following legal heirs and
representatives brothers + sisters + children of decd
brothers + sisters, to wit., Robert Martin, Richard Martin,
William Martin the heirs of Mary Scruggs decd, the heirs of
Jeremiah Martin decd, Lewis Martin, the heirs of Jane
Turner decd, the heirs of Anna Hambrick decd and the
heirs of Willis Martin decd.
Your petitioner prays for an order to
sell said personal property upon such terms + conditions as may
seem best
And he will ever pray so
March 22,
1861
Jas. L. Scruggs
A public auction for
John's personal property, was held on 5 April 1861. This is a
handwritten document. The column of numbers following the
sale items represents the value of the item in cents.
The rightmost numbers are the sum of that person's
purchase in dollars.
Sale Bill of the personal property of
John Martin Serv Deceased Sold on the 5`h day of
April 1861 on a credit till the first of January next
with int from date
Judge Edwards
1 Hand
saw
1 Pole Ax No.
2
1 Weeding
Hoe
1 Bread Tray Sifter + Table
Cloth
2 Meal
Sacks
1 Scythe + cradle No.
2
2 Split hot chairs No
1
2 Split hot chairs No
2
1 Bull
yearling
1 Black
yearling
2 Ox
Yokes
1 Old Wash
pot
5 knives + 6
forks
1 Cow
bell
2 Pocket
books
1
Bureau
1 Pr.
Steelyards
|
75
85 36 35
15 205 56
60 300
306 20 09
63 61
15 900 66
|
23.27 |
Elias Lipscomb
1 Pr harness backboard + c
traces
1 Blowing
horn
3
Shoats
|
35
32 515 |
1.85 |
Smith Harris
A part of a sack of
salt
1
Coulterstock
1 Cutting box + 2
knives
1 Hand
ax
|
205
25 35 |
5.82 |
John M. Martin
1 Iron
square
1
Clock
1 Plow Stock singletree +
clevis
1 Cart
Axletree
2 Ox
yokes
2 do
do
2 do
do
1 White sow No
2
1 Hair brush + 2 old
books
|
70
100 80
20 25 20
20 395
10 |
7.50 |
Joseph Gray
1 Shovel No
1
3 Shoats No
2
4 Shoats No
3
1 Shaving
glass
|
85
400 425
20 |
9.30 |
Ed Price
1 glass
tumbler
1 large
dish
5
plows
1 Cross cut
saw
1 Set table
spoons
2 chissels + I
mallet
1 Whet stone + 2
awls
|
121/2 31 50
300 105
75 21 |
5.94
1/2 |
Mrs
Champion
1 Shovel No
2
1 Lot pine
boards
1 Lot peas + flour
barrel
2 Small
oxen
1 Drawing
knife
|
105
50 100
1645 39 |
19.39 |
Tench
Blackwell
Wheat in
patch
1 Blue sow No
3
1 Spotted sow No
4
|
1500
250 205 |
19.55 |
L. D.
Scruggs
1 Pole Ax No
3
|
80 |
.80 |
J. Ezell
1
jug
|
20 |
.20 |
Thomas
Martin
1 Scythe + cradle No
1
2 Razors + Shaving
implements
|
50
120 |
1.70 |
J. H.
Cantrell
1 Water
pail
|
10 |
.10 |
Robt
Martin
1 Kitchen
Cupboard
|
15 |
.15 |
Hugh
Price
1 Dun cow with white
face
|
830 |
8.30 |
Othello
Martin
1 Spinning
wheel
1
Spade
1 Raw
hide
Lot of cord
wood
1 Yoke - Oxen +
chains
|
37
38 160
1800 5600 |
76.35 |
Robt Scruggs
Sr
1 No homed cow No
2
|
1210 |
12.10 |
W. N.
Scruggs
2 Single
trees
1 Blind
Mare
|
15
3650 |
36.65 |
Mrs.
Cudd
1 Pot lid + straw
basket
4
Bottles
|
15
20 |
.35 |
Mrs.
Lowe
1 Rifle gun + Shot
pouch
|
1430 |
14.30 |
D. Jolly
1 Set silver
Teaspoons
|
300 |
3.00 |
P. P. Parris
2 Pr Com
passes
|
50 |
.50 |
R. Waddle
1 Bushel yam
potatoes
|
75 |
.75 |
Mrs Potter
1 Mans
Saddle
|
50 |
.50 |
R. M.
Scruggs
1 Handle
basket
1 Ore
Spindle
2 Weeding
hoes
1 Meal tub + Spice
mortar
1 Flax Wheel Reap
hook
6 Mill T
Lantern
1 Fat tub + nail
keg
Deceased wearing
apparel
1 20 gal
keg
1 oven I lid +
hooks
1
Table
1 Horse Trofth 4 planks + pine
bench
1 Pickling
tub
1 Pine chest +
contents
|
10
36 10
05 06 05
021/2
50 10 25
10 25
26 41 |
2.55 1/2 |
J. M. Turner
1
Bridle
3 Powder gourds + Water gourd
|
05
10 |
.15 |
A. M.
Scruggs
1 foot
addice
1 glass
jug
1 grind
stone
|
70
20 10 |
1.00 |
Rice Harris
1 Pr Martin
gals
|
30 |
.30 |
M. B.
Cash
1 Claw hammer +
gimlet
1 curry
comb
|
29
10 |
.39 |
M. J. C.
Roberts
Remnant of burial
goods
1 Bed
stead
1 Bed cord No
1
1 Bed cord No
2
|
50
310 35
30 |
4.20 |
Woodard
Allen
1
Mattock
|
15 |
.15 |
Mrs C.
Camp
1 Bay horse
Docus
|
10100 |
101.00 |
Jere M.
Martin
1 Sorrel
Filly
|
11500 |
115.00 |
Jef
Burnett
I Pole Ax No.
1
1 Jar No.
2
1 Shovel +
poker
1 Pick
ax
1h
Bush
potatoes
|
25
12 26
35 37 1/2 |
1.35 1/2 |
John
Burnett
I Ore
pick
3 Chairs + 2 old
frames
1 Spaded sow in pen No
1
|
65
86 900 |
10.51 |
T. W.
Service
1 3/4
auger
1 Ox
cart
|
21
840 |
8.61 |
W.
T. Powel
4
Shoats
6
Shoats
|
255
335 |
5.90 |
David
Macawson
1 Bay horse
Dave
1
Bridle 1 Cow
Bell
|
6000
70 25 |
60.95 |
Lee Cash
5
plates
1 Feather bed + I
pillow
1 Sheet + under bed
tick
|
79
465 25 |
5.09 |
Richard
Champion
1 Butcher
knife
1 Feather bed - bolster +
pillow
|
10
730 |
7.40 |
J. S.
Ezell
1 Log
chain
1 Rasp + 1
file
1 Smoothing iron + candle
stick
|
190
50 41 |
9.81 |
B. B.
Martin
1 jar No
1
1 Plow Stock No
2
1 Lot of
Tobacco
|
10
50 30 |
.90 |
Robt
Scruggs
1 Flour barrel + scop
iron
1 Stay
chain
1 pick
ax
|
25
36 11 |
.72 |
Mrs
Martin
1
Pigging
1
Skillet
|
05
25 |
.30 |
John
Hood
2 Ox
yokes
|
27 |
.27 |
Mrs
Westbrooks
1 Bush yam
potatoes
|
75 |
.75 |
J. R.
Poole
1 Pocket knife + horse
fleans
|
81 |
.81 |
Mrs
Dagwood
1 Pr. Scissors + 2 pr.
spectacles
|
25 |
.25 |
Mrs
Mathis
1 Red cow No
1
|
1530 |
15.30 |
Mrs.
Giding
The woodwork of a Two Horse
Wagon - Resold the 23 May
1861
|
1000 |
10.00 |
The
First Annual Return
The first annual return of
James L. Scruggs in the administration of the John
Martin's estate:
First Annual Return of J. L. Scruggs
Admr. Of John Martin Serv. Dec'd Filed Jany 23rd
1862. Money Paid out -
1861 May 29" Paid Elias Lipscomb on
note $42.80
" Nov
29" " Jackson
Pifer
10.70
" Nov
30 "
Hugh
Price
14.35
" Dec 26' " John Oglesby "
"
30.21
1862 Jany 18" " J. P. Barnett "
"
5.62
1862 " 16 " Lee
Lindler
23.35
1861 Jun
14 " John M. Martin
" "
76.37
" Nov
30
" H. M. N. Cantrell
act
11.71
"
" J. G. Camp mist
calbill
8.75
"
" R. C. Poole taxes
in 1861
4.85
"
2 Checks $2.00 1 ea
$1
2.00
1861 "
28
" Wm Ezell for crying sale
1.00
" April
8 " 3
Appraisers
3.30
" Jesse
Scruggs
30.00
"
8 " Jesse
Scruggs
13.12
"
5 " W. W.
Wright
1.50
"
8 " R. M.
Scruggs
5.00
$284.63
1862 Jany 23 Paid E. Prince of this
return 3.00
18610ct Paid on 0. Martin note
on Estate
of J. Martin ser.
decd.
122.33
$409.96
South Carolina
Spartanburg Dist
Personally came before me J. L.
Scruggs and made oath that this listing is just + true.
Jas. L. Scruggs
Sworn to and subscribed
before me
Jany 23r 1862
A. Wingo Not Pub
Appearance Order
This is an Appearance Order
published in Spartanburg (SC) The Carolina Spartan newspaper on 24
March 1870
THE STATE OF SOUTH CAROLINA
Spartanburg - In Probate Court
Wm. Martin, Jeremiah Martin and O.
Martin, Applicants
vs.
Robert
Martin, E.M. Martin et al Defendants
it appearing to my satisfaction,
that Robert, Benjamin and Beauregard Martin, minor children of
Jno., O. Martin, B. J. Martin, E. M. Martin and Robert
Martin, minor children of Robert deceased. The
grand-children of Richard Martin, deceased, names not
known. Mary Goode and Wm. Martin children of Richard
Martin, deceased, Walter Turner, James Harris and wife Polly
Ann, Lewis Guthrie and wife Mira, the children of John Turner,
deceased, names not known. Almarien Brawley and his
children Wm. Highley and wife Martha and James Brawley,
W. W. Wright, Polly Wright, the heirs of Willis Martin,
names not known, and the heirs of Lewis Martin names not
known; Defendants resides without this State, it is
therefore ordered that they do appear and object to the
division or sale of the Real Estate of John Martin, deceased, on or
before the third day of May next, or their consent will
be entered of record. March 21", 1870
BENJ. WOFFORD, J.P.S.C.
Mar 24
The
Petition for Final Settlement of the Estate of John
Martin was filed in Spartanburg County, South Carolina
Probate Court on 28 November 1871 by the Firm of Duncan &
Cleveland. Note the number of potential heirs listed therein.
This is a handwritten document and is the last document
in John Martin's Estate File.'
To His Honor Benjamin Wofford Judge
of Probate for Spartanburg County. The Humble Petition of James
L. Scruggs and of William Martin, Jeremiah Martin, O.
Martin, Wm. Williams and wife Nancy, R.
State of South Carolina County of
Spartanburg
Probate Court
To his honor Benjamin Wofford Judge of Probate for
Spartanburg County. The Humble Petition of James L.
Scruggs and of William Maretin, Jeremiah Martn, O.
Martin, Wm. Williams and wife Nancy, R. A. Scruggs and wife Narcissa,
Hood jolly and wife Ann, Drucilla Martin, Missiniah Martin, Joseph
Price and wife Delphina all of whom except the first three
of your Petitioners are children of Robert Martin decd.
Edly Martin son of Richard Martin decd. Alfred Harris
grandson of William Turner + wife Jane decd. William
Moore, Richard Scruggs, Mary Cantrell and husband
Alfred, Patilow Farrow + wife children of Jesse Scruggs + wife Polly
decd. Frances Lamb + wife Emily grandchild of Jeremiah
Martin decd. Andrew Martin + B.B. Martin children of
said Jeremiah Martin decd. Julius Jarrett and children
James Jarrett + Jesse Jarrett. Doct Turner + wife
Hessentine + John Ezell and wife Emily respectfully
showeth unto your Honor that this first named is the Administrator
of the goods and chattels of John Martin decd. who died on
or about the fourth of March 1861, and that all of your
Petitioners are a portion of the Heirs at Law of the
said Intestate. That this aforesaid James L. Scruggs is
now ready to make a final settlement of the estate of
the said deceased.
That besides your Petitioners above
named there are other Heirs at Law of the above named John
Martin decd. who are either minors or reside out of the
limits of this State. To wit, Robert Berryman +
Beauregard Martin minor children of Martin decd and
grandchildren of Robert Martin decd all of whom reside
out of this State - B. J. Martin, E. M. Martin both of whom
reside out of this State, and Robert Martin a minor all three
children of Robert Martin decd. The grandchildren of Richard
Martin decd who reside out of this State and whose names
are not known to your Petitioners - Mary Good and Wm.
Martin children of Richard Martin decd who reside out of
this State. Walter Turner son of Wm. Turner + Jane decd.
out of this State - ... Moore and his children who are
minors, to wit - John, Calvin, Margaret, Julia Avilim, Jane
Myra, George, Edward and Wm. Willis Moore all of whom are
grandchildren of said Wm + Jane Turner decd. - James Harris +
wife Polly Ann, Lewis Guthrie + wife Myra who reside out
of this State and are children of said Wm + Jane Turner
decd. The children of John Turner decd. who reside out
of this State and names unknown. Almarine Brawley and
his children Wm. Highley + wife Martha + James Brawley
who reside of out of this State - Catherine Martin, Perry,
D. P. Martin, Theodosia Martin, Tulula Martin and Jno. B. Martin
all minors and children of Jno. Martin Jr. decd. and
grandchildren of Jeremiah Martin decd. - James Martin,
John Martin, Jerry Martin + Lee Martin minor children of
Green H. Martin decd. and grandchildren of said Jeremiah
Martin decd - the children of Ann Hambrick; to wit, W.
W. + Polly Wright who reside out of this State, other heirs of
Willis Martin decd. who reside out of this State and names
unknown. Other heirs of Lewis Martin who reside out of
this State names unknown. Eliphus + Clementine Jarrett
minor children of Julius Jarrett - Wm. A. Turner minor
child of Wm. E. Turner son of Jane Turner decd. who was
sister of the aforesaid John Martin decd.
Wherefore your Petitioners pray that
your Honor will grant a day for the final settlement of this
estate aforesaid and that each of his heirs at Law who
are not Petitioners in this proceeding may be ordered to
appear and make parties to this proceeding and that your
Honor will grant each other as may to your Honor seem
fit and proper.
And
your Petitioners will ever truly be.
Duncan + Cleveland Pro. Pets.