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