Legal complaint, Barker v. FitzSimons et al., paragraphs 12 (close)–14 (1890)
Book 1, Page 176 ·1888–1890
Transcription
A typewritten page continuing the legal complaint. A handwritten insertion in ink appears above the typed line in paragraph 13; the strikethrough later in the same paragraph is in the same hand.
Plaintiff, upon information and belief, says that no part of said debt has been paid by said Joe Joiner to Testator John B. Milliken in his lifetime, and alleges that no part thereof has been paid to Plaintiff since the death of his said Testator.
13th: That by the terms of the Will of said John B. Milliken, Plaintiff as his executor, is vested with full power to sell all and any part of his Estate real or personal, but inasmuch, as Plaintiff stands as Creditor of his Testator for a very large sum and holds said Bonds and Mortgages as first liens upon the largest and most valuable part thereof, Plaintiff is unwilling to exercise said power of sale and desires that all of said real estate shall be sold at public auction under and by authority of this Court by the Master in Equity for Berkeley County, that Plaintiff may be authorized by this Court to bid at said sale and to become the purchaser thereof or any part thereof in his own right and for his own benefit, provided he is the highest bidder for the property at such sale and the same is knocked down to him as such bidder; and that the net proceeds of the sale of the real estate of which the said John B. Milliken died seized may be applied to the payment of the debts of said Testator according to law and the surplus, if any, and the proceeds of the one undivided moiety of the “Ellery” Tract and the “Castle Ruin Tract” to which the Children above named of Mrs Ellen Barker are entitled by inheritance
from Miss Susan Millikenas above set forth, may be distributed equally among them.
14th: Plaintiff is ready at all times to account before this Court as Executor of said John B. Milliken and herewith tenders his accounting, and offers said Bonds and Mortgages and other evidences of the debts above referred to for the scrutiny and inspection of the Defendants, for proof before the proper officer of this Court, and
AI Notes
A typewritten page continuing the legal complaint of Theodore G. Barker. Closes paragraph 12 (no part of the Joe Joiner debt has been paid). Paragraph 13 explains that under the Will of John B. Milliken, Plaintiff as executor has full power to sell the estate, but stands as Creditor of his Testator and is unwilling to exercise the power of sale; he therefore requests sale at public auction by the Master in Equity for Berkeley County, with himself authorized to bid and purchase. The cursive ink insertion above the typed line in paragraph 13 reads ‘the “Ellery” Tract and’ — matching paragraph 11 on p175, which also mentions the Ellery Tract alongside Castle Ruin. The strikethrough at the end of paragraph 13 reads ‘from Miss Susan Milliken.’ Paragraph 14 begins, with Plaintiff offering his accounting and tendering Bonds and Mortgages for inspection.
Complaint continues on next page.