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For those of you who were interested, a little detective work from one
of our list members has completed the entry I made previously.
Additionally, here is a source info for the listing on the Coker bible
record.
Source info on the John M Coker bible record is as follows:
"This bible record was recorded in an old ledger owned by Saml. DeWitt
Chapman and now owned by Charles Chapman of near Hartsville, SC. John
Hartwell Chapman, son of Chas. Dewitt & Catherine Coker Chapman m.
Claudia Augusta Huggins, dau. of William Huggins & Sarah Margaret
Coker. They
were the parents of Mrs K. R. Mishoe, Wilmington, NC who gave this
record.
John Mark Coker & his 1st wife Sarah Ann Garner went to Miss. She d. &
he
returned to SC (that may be NC) with four small children. John Mark
Coker's mother was Nancy Mclendon Coker."
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To: dragon18(a)mediaone.net
Date: Thu, 31 Dec 1998 09:14:08 -0600
Subject: Re: page # 80
Message-ID: <19981231.091409.14246.0.clwilkes(a)juno.com>
References: <5e0d0d9d.3677d940(a)aol.com>
<36782B35.8D1A0B36(a)mediaone.net>
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From: clwilkes(a)juno.com (Curtis L Wilkes)
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I now have a good copy of this entry: It is as follows
Whitley Coker Bible
Whitley Coker Bron 25 Nov 1783 died 1 Jan 1833
Married Ann............
Children-
Irwin Wayne born 17 Dec 1814 died 1815
John S. Born 8 Sept 1817 died in Yankee prison
Rebecca B. S. born 27 Jan 1819 Mar. W. H. Price
Mary Gill born 10 July 1820
Wm. David born 6 Nov 1821
Magdalene born 3 Apr 1824
Jas. Myers 25 Aug 1827
Leonorah Ann Born 4 Apr 1830
>From S. C.
The Nashville TN state Archieves has a set of 7 books by this person I
now have a good copy. If you like I will mail you a good copy. I am
going to change my parents for Ann Elizabeth Coker based on this record.
One of Ann Elizabeths Grandchildren was named Charles Chapman and lived
near Hartsville. I talked to him abt 1985 and was given the name of Ann
Elizabeth Coker from Him. He is dead now but that bible may be in his
family. I will attempt ot find it. I had Ann Elizabeth as the daughter
of Caleb a brother to John Mark Coker. That makes John Mark Coker my
ggg-grandfather. Thanks for putting this on the web.
Curtis Wilkes
Nashville, TN
On Wed, 16 Dec 1998 16:50:45 -0500 Miles & Angela Meyer
<dragon18(a)mediaone.net> writes:
>This is what I can read from the copy I have:
>
>ley Coker b. 25 Nov 1783, d. 1 Jan 1833, m. Ann
>Children
>
>n Wayne b. 17 Dec 1814, d. 1815
> S. b. 8 Sep 1817, d. in Yankee prison
>cca B.S. b. 27 Jan 1819, m. W.H. Price
> Gill b. 10 July 1820
>David b. 6 Nov 1821
>alene b. 3 Apr 1824
> Myers 25 Aug 1827
>rah Ann b. 4 Apr 1830
>
>ily from S.C.]
>
>If anyone can help fill any of this out it would be appreciated.
>
>The source of this info is "Old Southern Bible Records" by Lester,
>pub. 1974
>
>
>
>
>>
>
>
>==== COKER Mailing List ====
>-------> STOP QUOTING ABOVE THIS LINE. <-------
>
>Remaining subscribed or otherwise using the Forum in any manner
>constitutes acknowledgment that you have read and agreed to the
>Coker Forum Policy Statement. The policy is provided automatically
>with each subscribe request and is posted at the web site given below.
>
> Send comments about the Forum to:
> Steven J. Coker, Forum Manager
> Coker_Forum(a)GeoCities.com
> P.O. Box 359, Charleston, SC 29402
> http://members.tripod.com/~Coker_Forum/index.html
>
>
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--------------34FE948F5328BCC88863D5D4--
-----Original Message-----
From: eye-sing(a)iname.com <eye-sing(a)iname.com>
To: COKER-L(a)rootsweb.com <COKER-L(a)rootsweb.com>
Date: Thursday, December 31, 1998 12:49 PM
Subject: Should be a piece of cake
>I guess I'm about to become a Charleston SC Coker... Im marrying Michael
David Coker soon. I would like to track down at least the last 100 years of
his family. Problem: I have no idea what happened to his dad. I dont even
know his first name. He married a DuPree sometime probably around late
1960's, early 1970's and had two children: Christopher and Michael. They
divorced around late 1970's, early 80's and he remarried someone in the
Charleston area and they had at least one son who would be about 15 by now?
The father committed suicide somewhere about 1990 or 1991 and I cant get the
name out of him without arousing suspicion (Im trying to do this on the sly
as a surprise) I believe all were originally from or remained around the
Charleston area.
>How the heck do I get started???? Help?!?!?!?
>Sheri
>
>
>---------------------------------------------------
>Get free personalized email at http://www.iname.com
>
>
>==== COKER Mailing List ====
>******* Happy New Year! *******
>Disclaimer: All emails come without guarantees or warranties, either
>expressed or implied. Similarities to reality are entirely coincidental.
> Send comments about the Forum to:
> Steven J. Coker, Forum Manager
> P.O. Box 359, Charleston, SC 29402
> Coker(a)GeoCities.com
> http://www.cokers.org/
>Hi Sheri
Check your future husband birth certificate, tell him you need it for
something. Then get his fathers' SS# and send off for his SS application
and you will be on your way
Zandra Sexton Walker
I guess I'm about to become a Charleston SC Coker... Im marrying Michael David Coker soon. I would like to track down at least the last 100 years of his family. Problem: I have no idea what happened to his dad. I dont even know his first name. He married a DuPree sometime probably around late 1960's, early 1970's and had two children: Christopher and Michael. They divorced around late 1970's, early 80's and he remarried someone in the Charleston area and they had at least one son who would be about 15 by now? The father committed suicide somewhere about 1990 or 1991 and I cant get the name out of him without arousing suspicion (Im trying to do this on the sly as a surprise) I believe all were originally from or remained around the Charleston area.
How the heck do I get started???? Help?!?!?!?
Sheri
---------------------------------------------------
Get free personalized email at http://www.iname.com
Hi,
I would like to share information. I have some to share.
Thank You
Dwight Stipes,
Desc. of the Thomas Coker in Tenn.
----------
> From: KCoker0122(a)aol.com
> To: COKER-L(a)rootsweb.com
> Subject: Ness City, Cokers
> Date: Tuesday, December 29, 1998 11:42 AM
>
> Hello . I am new to this board. I was wondering if anyone has been
researching
> the Ness City, (Kansas) Coker Families. I have some information and would
like
> to gain some more. I am a fairly new coker, I just got married to Michael
> Coker of Wood Dale IL. If anyone would like some of the information I
have
> please respond.
> Thank you.
> Kristin Coker
>
>
> ==== COKER Mailing List ====
> ******* Ho Ho Ho Happy Holidays! *******
> '''
> (0 0)
> +----------oOO----(_)----------------+
> Send comments about the Forum to:
> Steven J. Coker, Forum Manager
> P.O. Box 359, Charleston, SC 29402
> http://www.cokers.org/
> +-----------------oOO----------------+
> |__|__|
> || ||
> ooO Ooo
Hi Kristin,
Nothing specific. Just some genral inforomation for you.
There was a William "Buck" Coker who is said to be the one of the first
settlers in NW A rkansas. He settle on the Sugar Loaf prairie on the White
river in what is now Marion co, AR, in 1815. He had a son Leonard who's son
Joseph left Arkansas for SW Missouri. The Joseph died as a young man c 1840 a
nd left a young family. Joseph's children eventually settled in Kansas and I
believe he has descandants living there today. I have no way of knowing if
they are in Ness City. If you have any interest in this line you might want
to look at the Tunbo Manuscripts. They are held in the Springfield, MO
library and are available on-line and are searchable. Try them at
http://198.209.8.166/turnbo/table%20of%20contents.html
You might also be interested in the Knox co, TN, Cokers. They are cousins of
the above "Buck" Coker. William Coker who settled there c 1783 had a son
William who's descandants settled in Illinois c 1850 or so. If you are not
familar with the USGENWEB SEARCH PAGE it is found at
www.rootsweb.com/~usgenwebb/ussearch.htm
Good luck
Stan
Hi Jerre,
"The Mountain Echo" can be searched through the USGENWEB SEARCH PAGE,
www.rootsweb.com/~usgenwebb/ussearch.htm
The articles tend to be a little long so a browser that has a word search
function is a real help.
Good luck,
Stan
>Does anyone know if there is a web site for "Goodspeed", "Trimble Trail" and
>"The Mountain Echo" newspaper. I have a site for "Turnbo's Collection"
>(http://198.209.8.166/turnbo/about.html). Any information would be
>appreciated.
>Thanks
>Jerre--
>
A good place for some of this is the Marion County, Ar GenWeb page:
http://www.rootsweb.com/~armarion
Doyle Daves
Hello . I am new to this board. I was wondering if anyone has been researching
the Ness City, (Kansas) Coker Families. I have some information and would like
to gain some more. I am a fairly new coker, I just got married to Michael
Coker of Wood Dale IL. If anyone would like some of the information I have
please respond.
Thank you.
Kristin Coker
Does anyone know if there is a web site for "Goodspeed", "Trimble Trail" and
"The Mountain Echo" newspaper. I have a site for "Turnbo's Collection"
(http://198.209.8.166/turnbo/about.html). Any information would be
appreciated.
Thanks
Jerre--
Enjoyed the Christmas Fable. Would like to submit the following from
the collum of Ann Landers. Some ofit made me stop and take stock of my
own attitude.
Like everyone else, I am flat broke from overspending at
Christmastime. But I need to go shopping again soon because I am
completely out of self-respect. I've said something I wish I could take
back, and I am not feeling too good about myself.
I also want to exchange a load of self-righteousness I picked up
during the year for an equal amount of humility. I hear it is less
expensive and wears well. And while I am at it, I am doing to check on
tolerance and see if there is any available in my size.
I must remember to try to match some patient with the lttle I have
left. My neighbor is loaded with it, and it looks awfully good on her.
I was told the same department has a repair shop for mending integrity.
Mine has become frayed around the edges from too much compromising and
not enough self-discipline. If I don't get refurbished soon, there
won't be any left.
I almost forgot the most imporant thing of all: Compassion. If I
see some, no matter what color, size or shape, I'm going to stock up
heavily, regardless of the price. I have run out of it so many times
and always feel ashamed of myself when it happens.
I don't know why it's taken me so long to get around to shopping
for these items. They don't cost nearly as much as the frivolous things
I bought at Christmas, and I'll get a lot more satisfaction from them.
I'm going shopping today, and I can leave my check book and credit
cards at home.
Merry Christmas! Here's my cyberpresent to you all!!
~~~~~~~~~~~~~bobbi~~~~~~~~~~~~~~~~
Great Wolf and the Good Woodsman
by Helen Hoover
Once, long years ago, Great Wolf stood on a high ridge
and looked down at a deer, a squirrel, and a
chickadee, gathered together beside the log cabin
where lived the Good Woodsman.
It was Christmas, and the Great Wolf was very lonely.
He was a mighty hunter, fleet of foot and sharp of
tooth, and so he was feared by all animals in the forest.
"Why doesn't the Good Woodsman come out?" the
gentle deer was asking. "He always has fresh cedar
branches for me to eat."
"And corn for me!" chattered the squirrel.
"And seeds for me!" the chickadee chirped. "I think
something is wrong!"
The squirrel scampered up the logs to peer in the
window and gave a startled squeak. The deer flashed
to his side and the chickadee flew up to the window sill.
Great Wolf moved down the slope to a place where he,
too, could see inside, and he saw the Good Woodsman
sitting on the floor holding his ankle.
"He's hurt!" said the squirrel. "He can't walk and he will
freeze without a fire. He has no coat like ours
to keep him warm. We must get help!"
"There is a kind man in the house beside the lake,"
said the deer. "I can run there --"
"And I can fly!" added the chickadee.
"And I can chatter," said the squirrel, "but the man will
not understand us. How can we make the man
come with us?"
Great Wolf straightened up and lifted his head, proud
that on this Christmas Day, he could offer a
special gift to his friend, the Good Woodsman.
While the other animals stood in an anxious group, he
walked slowly and silently into the clearing.
"I can help you," he said as softly as he could.
The squirrel jumped onto the roof and the deer, in
her fear, floundered in the snow. Bravely, the little
chickadee flew around Great Wolf's head, trying
to frighten him away.
"Please don't be afraid," Great Wolf said, "don't
you know that on Christmas Day, all the animals are
friends? The Good Woodsman has been kind to me
as well as to you, and now I can help him. I will
run over the hills to the house of the man who lives
beside the lake. The man is my enemy but he has
a dog, and the dog and I are cousins. I will tell the
dog about the Good Woodsman and he can make
his master understand."
Before the animals could say a word, Great Wolf
Leapt away, his gray fur bright as silver in the sun,
and his green eyes shining.
"A wolf!" cried the man, and he dropped his ax
and ran for his rifle. But by that time, Great Wolf
had already told the dog about Good
Woodsman's accident and was safely out of sight
in the shadows under the trees.
The dog caught his master's pants leg in his teeth
and pulled toward the path. When the man
hesitated, the dog ran back to him and barked
eagerly. "You want me to come with you, don't
you?" the man said, turning towards his house. He
came back wearing a fur-lined coat and followed
the dog along the path, while Great Wolf kept
pace with them through the forest.
Great Wolf hurried ahead and stood on the slope,
watching and listening. The deer and squirrel
slipped into the shadows when they heard the man
and dog coming, and the chickadee flew to the
window sill. The dog barked at the Great Woodsman's
door until the man opened it.
"What happened," the man asked, helping the Good
Woodsman to a chair.
"I stumbled over a piece of stove wood and twisted
my ankle. It is lucky you came by, for my fire is
out and I would have surely frozen."
"It wasn't just luck," the man explained, "my dog
brought me here."
"Strange," said the Good Woodsman, "I haven't seen
him for several days." Then he smiled. "Perhaps
one of my friends told him."
"Don't tell me your animals can talk!" the man said, laughing.
"Not to you, but I think your dog can understand them --
at least, one of them," the Good
Woodsman answered. He slowly stood up and leaned
on the crutch the man had made from a bent
stick. "I'll be fine now, thanks!" He patted the dog,
"And thank you, too!" The dog thumped his tail
and barked his own special Merry Christmas to the
Good Woodsman.
The Good Woodsman became very busy. At last,
he opened the cabin door carrying a Christmas
feast of cedar, corn, and seeds. The deer and the
squirrel came out of the forest, and the chickadee
flew down from the window sill into a snow drift.
The Good Woodsman stood in the doorway
watching his friends eat. Great Wolf, looking down
from the ridge, was filled with a great gladness for
them, but as he watched he became lonelier than ever.
"It is sometimes sad to be mighty hunter, feared by all
the animals," he said to himself. Then the Good
Woodsman brought out a plate of meat. "Come down,
Great Wolf," he called. "Come down and
have dinner with us!"
"It is a happy day for us all," said the Good Woodsman,
smiling at his friends. "We all have good
things in us, and today Great Wolf has had the
opportunity to show us how great he really is."
Slowly, Great Wolf stepped from the shadows.
"Welcome, Great Wolf," whispered the deer,
trembling in spite of herself. "If it hadn't been for you,"
the squirrel said, "this might have been a very sad Christmas
instead of a happy one!" And the little chickadee perched
on Great Wolf's head to sing his song of gratitude.
"It is a very happy day for me," Great Wolf told them,
"for I have never been invited to a Christmas dinner
before. When they finished, Great Wolf thanked the
Good Woodsman and bounded away across the
ridge, calling back in a long, musical howl.
And ever since that time, if you listen very carefully
to the howling of a wolf on Christmas, you will
hear him call "Nooooooooo-eeeelllllll!" in memory of
Great Wolf and Good Woodsman. And Noel,
after all, is really another word for Christmas.
*~*~*~*~*~*~*~*~*~*
with Love,
Happiest of Holidays
To You and All You Hold Dear
To all my friends and family, and so on throughout cyberspace:
~~~~~~~~~~~~~bobbi~~~~~~~~~~~~~~~
-------=======*******O*******=======------
+ ..:::::.. *
.:::::::::::.
~~~bobbicoker~~
* :::::::::::::::::
:::::::_/}::::::: +
* ::::=/'/:::::::
`:_/ |::::::'
(( / ,|::::
\(/^\/||
/~ `""~`"` \_
/ -'/ `-._ `\_\__
*who is bobbicoker, really?:*
http://homepages.infoseek.com/~bobbicoker/bobbicoker.html
*ask me about the Alabama Mailing List*
http://members.wbs.net/homepages/a/l/a/alabamafind.html
-------=======*******O*******=======------
I have lots of Coker relatives from around Limestone and Lily. Are
you any relation to the Rev. John Wesley Coker who was one the
preacher at New Zion Baptist Church? He was my ggfather.
> My brother is Stephen D. Coker, we were born to Leon J. Coker and Opal (Vick)
> Coker in Arcadia Florida.
>
> Dad's mother was Tonnie Coker never knew grandfathers name but will find out.
> They lived in Limestone Florida and came from either GA or SC.
>
> Am interested to know what you eventually find out.
>
> Lorelei (Coker) Jackson in Tampa, Florida email to LJack1(a)aol.com
>
>
> ==== COKER Mailing List ====
> ******* Ho Ho Ho Merry Christmas! *******
> Remaining subscribed or otherwise using the Forum in any manner
> constitutes acknowledgment that you have read and agreed to the
> Coker Forum Policy Statement. The policy is provided automatically
> with each subscribe request and is posted at the web site given below.
> Send comments about the Forum to:
> Steven J. Coker, Forum Manager
> P.O. Box 359, Charleston, SC 29402
> Coker(a)GeoCities.com, http://www.cokers.org/
Randy Hughes
The surest way to corrupt a youth is to instruct him to hold in
higher regard those who think alike than those who think differently.
*
* *
* * .--.
\/ \/ \/ \/ ./ /=*
\/ \/ * * ... (_____)
\ ^ ^/ \ \_((^o^))-. *
(o)(O)--)--------\. \ ( ) \ \._.
| | ||================((~~~~~~~~~~~~~~~~~))| ( ) | \
\__/ ,| \. * * * * * * ./ (~~~~~~~~~~~) \
* ||^||\.____./|| | \___________/ ~||~~~~|~'\____/ *
|| || || || A || || || | jurcy
* <> <> <> <> (___||____||_____) ((~~~~~| *
My brother is Stephen D. Coker, we were born to Leon J. Coker and Opal (Vick)
Coker in Arcadia Florida.
Dad's mother was Tonnie Coker never knew grandfathers name but will find out.
They lived in Limestone Florida and came from either GA or SC.
Am interested to know what you eventually find out.
Lorelei (Coker) Jackson in Tampa, Florida email to LJack1(a)aol.com
Hello! I am a Stephen M. Coker, and I am interested in Cokers.
In quickly scanning the Coker-L I have seen mention of a William Wilson
Coker in a few posts. One from Joy in GA says:
>Re article in Macon Telegraph, William Wilson Coker from SC was in Fayette
>Co., Ga in 1835 & 1836 before going to AL. Does anyone know the Mary
Knowles
>connection?
This Willliam Wilson Coker was my ggggrandfather. He sold his property in
Chester County, South Carolina on 1 Jan 1834 and moved to Fayette County, GA
soon thereafter. I know of no connection to a "Knowles." William's wife name
was Sarah N. Powell, she had previously been married to a Nathan Williams
who died soon after their marriage. The family moved to Cherokee County, AL
around 1838, where he died the following year.
Also, Dwight Stipes and Larry Register mentioned a James P. Coker of Jackson
County Florida. I am not certain, but I suspect this would be the first
surviving son on the above mentioned Wiliiam Wilson Coker. William's first
son was named James Powell Coker and "oral" history says this Coker moved to
Florida where he had a son named William who had a daughter named Fatie
(perhaps Fatima). This James P. Coker had a brother named John Wilson Coker
(born in Chester, SC) who lived, died, and is buried in Cherokee County, AL.
This brother is my gggrandfather who lived to be 93 and is the source of the
oral history. Another brother, William Harbin Coker, had a son (John Buford
Meeks Coker) who moved to Texas around 1886.
If anyone is kin to any of the above, or just interested, let me know. I am
really interested in the Florida connection.
BTW, there are a ton of James, Johns, and Williams in the family.
I am looking for information on a Rebecca Adeline Coker who married a
Stovall in Alabama, probably Jefferson County, then married Thomas Gore
23 May 1852 in Jefferson Co. I have no info on her at all. Can someone
help me with this? I keep hitting that famous brick wall every time I
try to get anywhere.
Thanks...
Bobbie Briley
--
"The secret of life is try not to hurry
but don't wait...don't wait"
--"The Secret of Life"--
**Faith Hill**
Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier, CHILDS & PETERSON, PHILADELPHIA
EXECUTOR, trusts. The word executor, taken in its largest sense, has several
acceptations.
a. Executor dativus, who is one called an administrator to an intestate.
b. Executor testamentarius, or one appointed to the office by the last will of
a testator, and this is what is usually meant by the term.
In the civil law, the person who is appointed to perform the duties of an
executor as to goods, is called haeres testamentarius; the term executor, it is
said, is a barbarism unknown to that law....
An executor, as the term is at present accepted, is the person to whom the
execution of a last will and testament of personal estate is, by the testator's
appointment, confided, and who has accepted of the same....
Generally speaking, all persons who are capable of making wills may be
executors, and some others beside, as infants and married women....
An executor is absolute or qualified; his appointment is absolute when he is
constituted certainly, immediately, and without restriction in regard to the
testator's effects, or limitation in point of time. It may be qualified by
limitation as to the time or place wherein, or the subject matters whereon, the
office is to be exercised; or the creation of the office may be conditional. It
may be qualified.
a. By limitations in point of time, for the time may be limited when the
person appointed shall begin, or when he shall cease to be executor; as if a man
be appointed executor upon the marriage of testator's daughter....
b. The appointment may be limited to a place; as, if one be appointed executor
of all the testator's goods in the state of Pennsylvania.
c. The power of the executor may be limited as to the subject matter upon
which if is to be exercised; as, when a testator appoints A the executor of his
goods and chattels in possession; B, of his choses in action. One may be
appointed executor of one thing only, as of a particular claim or debt due by
bond, and the like.... But although a testator may thus appoint separate
executors of distinct parts of his property, and may divide their authority, yet
quoad the creditors of the testator they are all executors, and act as one
executor, and may be sued as one executor.... The appointment may be
conditional, and the condition may be either precedent or subsequent....
An executor derives his interest in the estate of the deceased entirely from the
will, and it vests in him from the moment of the testator's death.... He
acquires an absolute legal title to the personalty by appointment, but nothing
in the lands of the testator, except by devise. He can touch nothing which was
not personal at the testator's decease, except by express direction.... Still
his interest in the goods of the deceased is not that absolute, proper and
ordinary interest, which every one has in his own proper goods. He is a mere
trustee to apply the goods for such purposes as are sanctioned by law.... He
represents the testator, and therefore may sue and recover all the claims he had
at the time of his death and may be sued for all debts due by him.... By the
common law, however, such debts as were not due by some writing could not be
recovered against the executors of a deceased debtor. The remedy was only in
conscience or by a quo minus in the exchequer. Afterwards an action on the case
in banco regis was given....
The following are the principal duties of an executor:
1. Within a convenient time after the testator's death, to collect the goods
of the deceased, provided he can do so peaceably; when he is resisted, he must
apply to the law for redress.
2. To bury the deceased in a manner suitable to the estate he leaves behind
him; and when there is just reason to believe he died insolvent, he is not
warranted in expending more in funeral expenses (q.v.) than is absolutely
necessary....
3. The executor should prove the will in the proper office.
4. He should make an inventory (q.v.) of the goods of the intestate, which
should be filed in the office.
5. He should ascertain the debts and credits of the estate, and endeavor to
collect all claims with as little delay as possible, consistently with the
interest of the estate.
6. He should advertise for debts and credits....
7. He should reduce the whole of the goods, not specifically bequeathed into
money, with all due expedition.
8. Keep the money of the estate safely, but not mixed with his own, or he may
be charged interest on it.
9. Be at all times ready to account, and actually file an account within a
year.
10. Pay the debts and legacies in the order required by law.
Co-executors, however numerous, are considered, in law, as an individual person,
and; consequently, the acts of any one of them, in respect of the administration
of the assets, are deemed, generally, the acts of all.... On the death of one or
more of several joint executors, their rights and powers survive to the
survivors.
When there are several executors and all die, the power is in common transferred
to the executor of the last surviving executor, so that he is executor of the
first testator; and the law is the same when a sole executor dies leaving an
executor, the rights are vested in the latter. This rule has been changed, in
Pennsylvania, and, perhaps, some other states, by legislative provision; there,
in such case, administration cum testamento annexo must be obtained, the right
does not survive to the executor of the executor.... In general, executors are
not responsible for each other, and they have a right to settle separate
accounts....
Executors may be classed into general and special; instituted and substituted;
rightful and executor de son tort; and executor to the tenor.
A general executor is one who is appointed to administer the whole estate,
without any limit of time or place, or of the subject-matter.
A special executor is one. who is appointed or constituted to administer either
a part of the estate, or the whole for a limited time, or only in a particular
place.
An instituted executor is one who is appointed by the testator without any
condition, and who has the first right of acting when there are substituted
executors. An example will show the difference between an instituted and
substituted executor: suppose a man makes his son his executor, but if he will
not act, he appoints his brother, and if neither will act, his cousin; here the
son is the instituted executor, in the first degree, the brother is said to be
substituted in the second degree, and the cousin in the third degree, and so
on....
A substituted executor is a person appointed executor, if another person who has
been appointed refuses to act.
A rightful executor is one lawfully appointed by the testator, by his will.
Deriving his authority from the will, he may do most acts, before he obtains
letters testamentary, but he must be possessed of them before. he can declare in
action brought by him, as such....
An executor de son tort, or of his own wrong, is one, who, without lawful
authority, undertakes to act as executor of a person deceased. To make an
executor de son tort, the act of the party must be,
1. Unlawful.
2. By asserting ownership, as taking goods or cancelling a bond, and not
committing a mere, trespass....
3. An act done before probate of will, or granting letters of
administration.... One may be executor de son tort when acting under a forged
will, which has been set aside.... The law on this head seems to have been
borrowed from the civil law doctrine of pro hoerede gestio.... He is, in
general, held responsible for all his acts, when he does anything which might
prejudice the estate, and receives no, advantage whatever in consequence of his
assuming the office. He cannot sue a debtor of the estate, but may be sued
generally as executor....
The usurpation of an office or character cannot confer the rights and privileges
of it, although it may charge the usurper with the duties and obligations
annexed to it. On this principle an executor de son tort is an executor only for
the purpose of being sued, not for the purpose, of suing. In point of form, he
is sued as if he were a rightful executor. He is not denominated in the
declaration executor (de son tort) of his own wrong. It would be improper to
allege that the deceased person with whose estate he has intermeddled died
intestate. Nor can he be made a co-defendant with a rightful executor.... If he
take out letters of administration, he is still liable to be sued as executor,
and in general, it is better to sue him as executor than as administrator....
An executor to the tenor. This phrase is based in the ecclesiastical law, to
denote a person who is not directly appointed by the will an executor, but who
is charged with the duties which appertain to one; as, "I appoint A B to
discharge all lawful demands against my will." ....
Question?
Does anyone have knowledge of a Ballew-Coker connection?
Specific to Leonard Ballew family of Goochland/Fluvanna counties, VA,
1730's-1780. Stokes co, NC, 1765-1780, Burke co, NC, 1778-1795. Greenville
county, SC, 1791-1825. Smith county, TN, 1795-1830 (Again Leonard Ballew
family). Also, Jefferson co, Al, 1815-1840.
Other spellings; Balew, Balow, Ballow, Balou Ballou, etc
Other associated lines: Ladd, Moore, Strange, Hulsey, Estes, Childress,
Holland, Seay, Loving, Coffee, Stone, Lee.
Stan Coker
Tom Belew wrote:
> Why do I receive two copies of anything you send extracted from law dictionary?
Are you on more than one mailing list? Copies were posted to the Coker, DuBose,
and SCRoots mailing lists.
If you are only subscribed to one of these three services, then you should not
be getting duplicates. If you get duplicates of everything from one mailing
list, then either you have two addresses on that subscribers list, or there is
some unknowable cosmic flaw in the system.
Cosmically Unknowable Transient Incident Problems In Email (CUTIPIE) or
Cosmically Unknowable Problems In Delivery (CUPID) may be cause by the sending
system, or by the receiving system, or by any system along the route between the
two.
If it is a CUTIPIE then it is transient and should resolve itself in a matter of
hours. If it is a CUPID then it may not resolve itself. In either case, you
can try unsubscribing TWO or more times and then resubscribing once. If the
error continues after that, let me know and I will try to see if there is more
to be done.
Steve Coker
Coker Forum Manager, http://www.cokers.org/
DuBose Forum Manager, http://www.dubose.org/
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Extracted From:
A LAW DICTIONARY ..., SIXTH EDITION, 1856
by John Bouvier
CHILDS & PETERSON, PHILADELPHIA
BOND, contract. An obligation or bond is a deed whereby the obligor, obliges
himself, his heirs, executors and administrators, to pay a certain sum of money
to another at a day appointed.... If this be all, the bond is called a single
one, simplex obligatio; but there is generally a condition added, that if the
obligor pays a smaller sum, or does, or omits to do some particular act, the
obligation shall be void.... The word bond ex vi termini imports a sealed
instrument.... It is proposed to consider:
1. The form of a bond, namely, the words by which it may be made, and the
ceremonies required.
2. The condition.
3. The performance or discharge.
1. The form of a bond, namely, the words by which it may be made, and the
ceremonies required.
a. There must be parties to a bond, an obligor and obligee : for where a bond
was made with condition that the obligor should pay twenty pounds to such person
or persons; as E. H. should, by her last will and testament in writing, name and
appoint the same to be paid, and E. H. did not appoint any person to whom the
same should be paid, it was held that the money was not payable to the executors
of E. H.... No particular form of words are essential to create an obligation,
but any words which declare the intention of the parties, and denote that one is
bound to the other, will be sufficient, provided the ceremonies mentioned below
have been observed....
b. It must be in writing, on paper or parchment, and if it be made on other
materials it is void....
c. It must be sealed, though it is not necessary that it should be mentioned
in the writing that it is sealed....
d. It must be delivered by the party whose bond it is, to the other.... But
the delivery and acceptance may be by attorney. The date is not considered of
the substance of a deed, and therefore a bond which either has no date or an
impossible one is still good, provided the real day of its being dated or given,
that is, delivered, can be proved....
2. The condition.
The condition is either for the payment of money, or for the performance of
something else. In the latter case, if the condition be against some rule of law
merely, positively impossible at the time of making it, uncertain or insensible,
the condition alone is void, and the bond shall stand single and unconditional;
for it is the folly of the obligor to enter into such an obligation, from which
he can never be released. If it be to do a thing malum in se, the obligation
itself is void, the whole contract being unlawful....
3. The performance or discharge.
a. When, by the condition of an obligation, the act to be done to the obligee
is of its own nature transitory, as payment of money, delivery of charters, or
the like, and no time is limited, it ought to be performed in convenient
time....
b. A payment before the day is good ... or before action brought....
c. If the condition be to do a thing within a certain time, it may be
performed the last day of the time appointed....
d. If the condition be to do an act, without limiting any time, he who has the
benefit may do it at what time he pleases....
e. When the place where the act to be performed is agreed upon, the party who
is to perform it, is not obliged to seek the opposite party elsewhere; nor is he
to whom it is to be performed bound to accept of the performance in another
place....
f. For what amounts to a breach of a condition in a bond see Bac. Abr.
Conditions, 0; Com. Dig. Conditions, M; and this Dict. tit. Breach.
Information
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