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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