Early Governors' Papers

permission is first had of the Ordinary, and should sales be made without such lisence [sic] first obtained, they would be void. This Statute, should the executor be disposed to apply the property, to others than legitimate and legal purposes would be a barrier. The executor [gave?] no security at his quallification, nor has he since. Wiggins who is now contending and has brought suit to set asside [sic] the Will, in 1822 filed an information in the Court of Chancery, to prohibit the executor from committing a [de?]. The Court granted an injunction, and notice was served upon the executor and the matter was in that way without farther proceeding: The State of South Carolina has taken no steps in the business, except to direct one of her Officers of Government, Joseph J. Evans Atto Genl. to superintend the suit pending to set asside the Will, on behalf of the State; and a resolution was adopted by the Legislature requiring the executor to report annually the effects in his hands belonging to the estate, to the auditors.

Two natural children of the testator by name of Pennywell have petitioned the Legislature of South Carolina, asking of the State to relinquish in their behalf the right which she has to the property under the Will. The Legislature expressed no opinion on the petition, wanting the issue of the suit then commenced by Wiggins and others to set asside the Will, tho' I learned in conversation with some Gentlemen of the Legislature of South Carolina, that it was probable, should the Will be sustained, that some provisions would be made for the petitioners. Jonathan Pennywell resides in Marlboro district, and is esteemed a worthy man. He is represented to be poor. William the other brother, was said to be in Alabama, and I was told he

he is dissipated.

Such was commenced against the executor in 1822 by Wiggins, Taylor and Baker, sisters children of the testators, to set aside the Will, on the grounds of the testators insanity. The cause was heard before the Ordinary and the Will sustained. The plaintiff appealed to the circuit or district Court, and there it has been, continued upon for proof, each party continuing the cause from time to time up to this period. Both parties have been assiduous in collecting proof, and no doubt is entertained, but a final hearing will be had at their present October term. The testimony is all written, I examined most of it, and I have no hesitation in believing that the testator was of sound mind when he execued his Will; and that it will be sustained by a Jury - The counsel employed by the executor have not the least fear of the result. There is some [contrarily? controversy?] of testimony, but the weight of proof is greatly on the side of the Will. Most of the proof made in the cause goes to shew, that the testator has a strange compound, and a very excentric man, tho' this was characteristic of him when young, and accompanyed [sic] him to old age. One thing relied on in proof by the plaintiff as evidence of the testators insanity, is the fact of his having decided William Pennywell to be his son under the following circumstances. There lived with the testator before and at the birth of William, some man who overlooked his hands, and was his agent in the management of his affairs. The testator had observed that when his agent clomb a fence, he [?] got over by passing between the upper rail and the [ride?]. This Lee discovered to be invariable with him. When the child was born and arrived at the age of three or four years, he prooved [sic] to be of the climbng species also, and the testator

watched his motions, and it happened that the child in getting over a fence took the same direction with the agent. From which circumstance the testator became concerned that their [sic] had been some foul [reding?] and forever afterwards discussed the boy. This ridiculous story, with some others equally as silly, is the evidence relied upon by the plaintiffs to prove the insanity of the testator - Lee commenced the world in poverty and indigence, and by his own exertions, economy and much shrewdness accumulated his property; and the direction which he gave it was not - thoughts of the moment, he had long contemplated it; and had in other Wills previously executed, made South Carolina and Kentucky his heirs. He was dissatisfied with his relatives, alledging that Wiggins had attempted to defraud him on more than one occasion, and therefore he should never enjoy any portion of his estate. The reasons which induced the testator to make Tennessee his heir I could not assertain [sic]. He never assigned any. I think it probable he was influenced in his course by the remote situation of Tennessee from the residence of his relatives; thinking that if the property should be removed to such a great distance from them, they would not pursue it. His great and only wish seemed to be, that Wiggins and those contending with him to set asside [sic] the Will, should enjoy no part of his labour.

Under all the circumstances which presented themselves to my mind, I did not see that the interests of Tennessee required that I should employ counsel. The executor had procured able lawyers and had paid them liberally in support of the Will, which I thought all sufficient. I requested of Josiah. J. Evans Esquire to watch

His Excellency W Carrol

Sir

General Brady requested the when he was here last spring to notify you as early as practicable the result of the Case of Wiggins et al. vs Excr of Mason Lee in which the state of Tennessee is interested The case was not tried on Account of the Accidental absence of all the Councel [sic] employed by the Excr. but myself I should have complied with the general's request earlier but have but now return home from a long & fatiguing Circuit & from attendance on the legislature, I had arranged every thing so as to insure a trial at the next spring Court but the