THE


CAROLINA HERALD


OFFICIAL PUBLICATION OF THE SOUTH CAROLINA GENEALOGICAL SOCIETY

NUMBER 2

NOTED GENEALOGISTS CONVENE

The American Society of Genealogists will meet in Columbia as scheduled. Their program was reported in our last issue, and members of the SC Genealogical Society are invited to a reception and tour of the Archives at 7:30 PM, Friday, November 10. Among the eminent scholars expected are WALTER LEE SHEPPARD, President of ASG; DR. MALCOLM STERN, Secretary of ASG; DR. KENN STRYKER-RODDA, Past President of ASG and President of the National Genealogical Society; DR. GILBERT I. DOANE, former Editor of the New England Historical and Genealogical Register; Dr. GEORGE MCCRACKEN, Editor of The American Genealogist; and of course, Dr. JEAN STEPHENSON AND Mrs. VIRGINIA LIVINGSTON, members of our society.

Twenty-one other fellows of the society are expected, all of them internationally recognized in their field. Headquarters will be at the Town House Motel at 1615 Gervais Street in Columbia.

NEW OFFICERS FOR SCGS

At the annual meeting of the South Carolina Genealogical Society held on October 8 in Columbia, the Nominating Committee, composed of Lee Crosland, Virginia Waites and Martha Guerard, presented the following slate of officers: President, Lawrence Fanning; 1st Vice President, Theresa Hicks; 2nd Vice President, Robert Ferrell; 3rd Vice President, James L. Haynsworth; Treasurer, John Mobley; Secretary, Barrett Smith; Historian-Archivist, Alfred Rawlinson; Parliamentarian, Lee Crosland.

Board of Directors: Martha Guerard (1-year term), Katherine Jennings (1-year term), Maurice Moxley (2-year term).

The slate as offered by the Nominating Committee was unanimously elected, and will be installed at the November meeting.

USC TO OFFER GENEALOGY CLASSES

A short-term class in Genealogical Research will soon be offered at the University of South Carolina, according to Dr. J. L. Hayes of the Division of Educational Services. Classes are scheduled to begin on January 24, and will be conducted by our own Theresa Hicks, 1st Vice President of the South Carolina Genealogical Society.

Because records differ from state to state, the course will be designed exclusively for research in South Carolina. Mrs. Hicks, who stresses the "common sense" approach to genealogical research, said "Because of the field of genealogical research is so vast, an in-depth study of South Carolina records has seldom been done. We will actually work with the records to become thoroughly familiar with them."

Tentative plans call for one weekly session for 8 weeks. More information can be obtained by calling the Division of Educational Services of the University of South Carolina at 777-2589.

YORK HERALD TO VISIT SC

Those of our readers who are students of heraldry will be interested to know that Conrad Swan, Esq., the York Herald of Arms, is scheduled to address three local chapters of the English-Speaking Union next spring. Dr. Swan, an officer of the College of Arms in London, will be in Savannah on Monday, April 9th, then will speak in Charleston on the 10th and in Columbia on the 11th. More on this later.

THE CAROLINA HERALD

Volume 1 Number 1 Fall 1972


THE CAROLINA HERALD is the quarterly newsletter of the
South Carolina Genealogical Society
P.O. Box 11353, Columbia, S. C. 29211
President: Lawrence R. Fanning

Annual Subscription: $2
Single Copy: 75¢
Free to members of the South Carolina
Genealogical Society

Editor: James L. Haynsworth
Co-editor: Theresa M. Hicks


Neither the sieze quarteirs (represting 16 noble great-great grandparents) formerly required for membership in certain European monastic orders, nor the proof of 16 Aryan g-g grandparents required of Nazi SS officers can hold a candle to the purity of the pedigree of the late Percival Porcher and his brother, Isaac Porcher. These gentlemen, who died only a few years ago, were the last of the South Carolina Huguenots. Incredible as it may seem in this day and age, they could claim undiluted French blood in every line. Every immigrant ancestor was one of the Protestant refugees who fled religious persecution in the 17th century France. Mr. Francis Marion Kirk, a relative of the Porchers, has offered to construct a chart showing their remarkable pedigree, and we hope to publish it in our next issue.

The thought inevitably occurred: perhaps there are others of "pure" descent from one of the groups who immigrated to South Carolina. Somewhere, in the Dutch Fork, for example, there may be SCHELE or OEHMIG or exclusively German descent. Or even more likely, what about a pure Scotch-Irishman in Williamsburg or York County? Even a 100% Englishman--is it possible?

Let's find out. The Carolina Herald hereby offers a reward of some kind--we don't yet know just what kind--to anyone who can prove pure descent from any national, ethnic, or racial group who immigrated to SC during the Colonial period. It doesn't have to be your own descent; a friend's or a relative's will do, and we'll reward you both. To make it easier, we'll accept the pedigree of anyone born in the present century, or who lived until 1930 (250 years after Charleston was settled). And we'll publish the pedigree in The Carolina Herald.


INSTANT IMMORTALITY

Our attention was recently directed to an announcement in The State newspaper of Columbia describing a project which seeks to preserve our ancestors in graphic form. 'If you happen to have portraits of anyone in your family," states the article, "you have a chance of having them immortalized by the Smithsonian Institution. The Catalog of American Portraits has begun a survey of American portraiture in South Carolina and Georgia collections...The Catalog records and photographs portraits of Americans or those by American artists, regardless of their dates, artistic quality or their subject's historical importance...So if you're interested in giving national "status" to that charcoal sketch of Great Aunt Emma, you can write Richard K. Dowd, CAP Field Representative, PO Box 1342, Ft. Lauderdale, FL 33302. He will start your work of art on the way to immortality."


COUSINS BY THE DOZENS

Students of South Carolina history should be aware, by now, that our state was the starting point for hordes of emigrants who populated the southern and southwestern parts of our nation. From the early to the mid 1800's we are told, freeborn South Carolina males comprised the largest percentage of the massive move to the West. During the 1970 Tricentennial year, a determined effort was made to lure their descendants back for a visit, and the time-honored Family Reunion was used as one form of bait. Invitations were published nation-wide and reunion committees were formed throughout the state. "Cousins By the Dozens" was the slogan used in promotional material.

Well, the campaign was successful, to say the least. In forty-six counties, over 1000 family reunions were registered with the Tricentennial Commission, and hundreds more doubtless went unlisted. Hopefully, most of them are recurring, and as genealogists we intend to encourage that sort of thing. Therefore, we want to publicize any upcoming reunion that is reported to us.

Just send us the name of the reuniting family plus the date and place, and we'll give your notice the benefit of our enormous circulation--absolutely free.

NAME DROPPERS

Last winter, an exhibition at the Columbia Museum of Art featured work by 8 contemporary artists from Washington, DC. One of them, whose name is Ed McGowin, had been inspired by "the constantly changing patterns of American and International art," and had hit upon the idea of changing his name through legal petition once monthly for 12 months. During the same period, h intended to produce a series of 12 major works, each associated with one of his legal names. Displayed at the exhibition, neatly framed and hanging in a row, were various papers which, month to month, permitted Ed McGowin to legally adopt a new identity, albeit in name only. Thought provoking it was, though perhaps not in the way that Mr. McGowin intended. Our heart immediately went out to the genealogist of the future, who, having chanced upon Ed McGowin in his searching, will spend untold hours trying to identify eleven others who seem, somehow, to be related. Problems of name changes are certainly not new to those searching for South Carolina ancestors, particularly amongst the early German and French immigrants. After the Revolution, and until 1814, names could be legally changed only by and act of the General Assembly. However, after December 21st of that year, name changers were allowed to "petition"...any of the judges of the Courts of Common Law or Equity of this State, in open court..." With certain modifications, the law remains in effect today. Between 1799 and 1815, 14 persons petitioned for, and were granted name changes by the General Assembly of South Carolina. The list follows, taken from Cooper and McCord's edition of the Statutes at Large:

DATENAMECHANGED TO
1799Francis Marion DwightFrancis Marion
1801William Soranso QuinceWilliam Soranso Hasell
1802John PendarvisJosiah Bedon
1805John BarkleyJohn Bankston
1807John CottinghamJohn Ridgel
1809Charles RichardsonCharles Rich
1811Alexander H. TweedAlexander H. Duncan
1811Augustin Williams William Augustan
1811William OwensWilliam Millard
1812John BowmanJohn Bowman Lynch
1813William Washington BrayWilliam Washington Ellis
1813Martha CampbellMartha Smith
1814Alexander SillsJohn Alexander Wiley
1814William WoodWilliam Elliott Wood

SEARCHING SOUTH CAROLINA RECORDS

RESEARCH IN THE JUDGE OF PROBATE'S OFFICE
By Lee Crossland

Probate records will reveal more about your ancestors than any other records in the court house. In the Judge of Probate's office will be found such records as the wills of deceased persons, records of the settlement of estates, and guardianships for minors and incompetents.

The first step in searching probate records is to consult the index books which list alphabetically by surname the names of the deceased persons. Also shown here is the name of the person who administered the estate. If the deceased left a will (died "testate") this person is the "executor", or "executrix" if a woman. If the person left no will (died "intestate") this person is the "administrator" or "administratrix". On the same line in the index will be shown a box number and a package number.

Next, locate the numbered box in the files, and in that box will be found the package which contains the records you are seeking. Here you will find the will of your ancestor, if he left one, and hopefully some other papers such as the appointment of an executor and the records of an inventory and sale of the estate. If your ancestor died without a will, there are records of a different kind. It was customary to have an "inventory and appraisement" made of the possessions of the deceased. Usually this was done shortly after death by responsible neighbors or friends in the community. After the inventory and appraisement, a sale of the estate was held, and buyers of the various items are identified. Items that we might consider insignificant were meticulously listed. Those of a personal nature were usually bought by members of the family (Widows are frequently found listed as buyers.) If the estate were a large one, or if minor children were involved, this sale could go on over a period of years. The children's guardian, appointed by the court, was required to file an annual return. Guardians, executors and administrators will usually turn out to be close relatives. Few strangers would undertake such responsibilities. The size of the division of real property among the heirs can be very revealing for genealogical purposes.

The records in the package were duplicated in books, also found in the Probate Office, and a missing document might be located there. Check both.

Estates are probated in the county where the deceased person lived. If he owned real estate in another county, there must also be a probate record filed in that county. Thus the records of the second county might appear to be incomplete, and it will be necessary to locate the records in the county of residence. Even then no probate may be found. In some cases, court houses have been destroyed--General Sherman accounted for several--and no records before 1865 will be found. Records will often be found in a county which has been formed from an older county. In other cases, the estate of the deceased person may have included no real property, and so little personal property that it was thought unnecessary to probate the estate.

Other records in the Judge of Probate's office, such as Civil War pension applications, are interesting and may be useful in genealogical research.

Always replace the records in the file after you have examined them, no matter how great the temptation to "liberate" an item or two. Remember, it is a crime to destroy or damage any official records, or to remove them from the court house.

LAWS OF DESCENT AND DISTRIBUTION BEFORE 1829
By Theresa M. Hicks

Of the many laws governing wills and settlement of estates, those pertaining to the distribution of the estate are of particular interest in genealogical research. Generally, a person can name anyone in a will. There is a very good reason why it is usual to find all the legal heirs mentioned. Failure to do so can result in the will being contested. Thus, you will find bequests of $1.00 or some reason given for not including a legal heir. Distribution of an estate is made according to the instructions in the will; however, if a person died intestate or if the will is contested and not allowed to stand, the distribution of the estate is helpful in determining the relationship of those included in the settlement. A knowledge of the laws in effect is necessary.

In South Carolina in 1712, the English Statutes were made of force. Under the provisions, the distribution of personal property was as follows:

    If no children, the widow would receive one part; the other part went to the "next kindred" but no representation among collaterals after brothers' and sisters' children.
    If no wife, the estate was divided amongst the children.
    If no children, the estate went to "every of the next kindred who are in equal degree".

Provision was made that the distribution consider settlement made prior to the intestate's death. This was to insure that the estate was equally divided. No distribution was to be made until after one year.

Real property was inherited according to the "Rights of Primogeniture". This was the Common Law--the right of the oldest son to inherit the estate (real property) of his father. Personal property was inherited according to the Statute Law outlined above. "Canons of Descent" outlined the distribution of real property if there was no living oldest son.

This method of distribution of estates continued in force until 1791 when Primogeniture was abolished. Under a new statute, the real estate was to be distributed in the same manner as the personal estate according to the following provisions:

    1/3 to the widow; the remainder to child or children. Lineal descendants to represent their parents.
    If no child or lineal descendant survived, but a widow, father or mother did--the widow received 1/2, the father 1/2. If the father was dead, the mother received his half.
    If neither lineal descendants, nor father or mother survived, but a widow and brothers and sisters of the whole blood did, the widow received 1/2 and the brothers and sisters 1/2. Children of a deceased brother or sister were to have their ancestor's share.
    If no lineal descendant, father, mother, brother or sister of the whole blood survived, but a widow and brothers or sisters of the half blood, and a child or children of a brother or sister of the whole blood did--the widow received 1/2; the other 1/2 was equally divided between brothers and sisters of the half blood and the children of the brothers and sisters of the whole blood. The children of the deceased brother of the whole blood took among them a share equal to the brother and sister of the half blood. (see illustration below)
    If no brother or sister of the half blood survived, then the 1/2 wen to the brothers and sisters of the half blood.
    If no lineal descendant, father, mother, brother, or sister of the whole or half blood survived, the widow received 1/2 and the lineal ancestor the other 1/2.
    If none of the above survived, the widow received 2/3; the remainder went to the next of kin.
    If no widow survived, the estate was to be distributed as outlined above.
In reckoning degrees of kindred, the computation began with the intestate and continued to the person claiming kindred, inclusively, each step inclusively being reckoned as one degree.

On the death of any married woman, her husband was entitled to the same share of her real estate as was given to the widow out of the husband's. The remainder was to be distributed in the same manner.

Land or personal estate acquired after the making of a will was to be distributed as under this Act. In 1808, this section was repealed, and personal property acquired after the making of a will was to pass thereby.

In 1797, an Act was passed stating that if no wife, child, nor lineal descendant survived, but a father and mother and brothers and sisters, the estate was to be equally divided. The issue of a deceased brother or sister took the share of their parent.

In 1826, an amendment stated that if there was no lineal descendant, father, mother, brother or sister of the whole blood, or their children, or brothers or sisters of the half blood, or lineal ancestor or next of kin, the widow was to take the whole estate. In the event the intestate was a married woman, her husband was to take the whole estate.

Changes have been made in the laws of inheritance since 1826. Therefore, when searching probate records for wills and estates divisions, it is necessary to understand the law which were in force during the period you are studying.

MISCELLANY

CONTRIBUTIONS TO THE SOCIETY

Matthew Lee McHugh. Some Goodmans and McHughs. Contributed by the author.

Mary Elizabeth Boozer. The Boozer Family of South Carolina. Contributed by the author.

Lawrence R. Fanning. The Fanning Family and Their Kin. Ancestors and Descendants of Charles Preston Williams and Nancy Tisdale Williams. Contributed by the author.

Mary Louise Hendrix. Hendrix Kith & Kin. Contributed by the author.

We continue to receive volumes of the National Genealogical Society Quarterly contributed by Alfred Rawlinson. Another of our members, Laurence K. Wells, has an article in the current issue.

The Society has arranged an exchange agreement with the Mississippi Genealogical Exchange. Their publications will be placed with our Historian-Archivist.

AVAILABLE ELSEWHERE

Recently added to the collection at the South Caroliniana Library:

Michael Gaffney. Journal of Michael Gaffney. Edited by Donald Kellerson and Bobby G. Moss.

Beatrice Mackey Doughtie. McDonald, Kimball, Wade, Leah. (Family records).

Lindsey G. Hall. Things and Incidents of Long Ago. (Life in 19th century Lexington County.)

Now available at the Archives:
Renunciation of Dower Index, 1726-1877.

RESEARCH BY MEMBERS

J. C. S. W. Valley: GOLDSMITHS of Greenville, WELBORNS of Anderson, TRIBBLES of Anderson and Abbeville.

Mr. and Mrs. T. W. Clark: CLARK, RADCLIFFE, LEDINGHAM, ROACH, QUICK, ROBERTS.

Mrs. Martha Brunson Guerard: BRUNSON, KEITH, HAY, WILKINSON (from Virginia), MCBEE, CARSON, MCDOWELL, ALEXANDER, DAVIDSON.

Barrett Smith: MAJOR ADDISON SCARBOROUGH

Margaret Spann Lawrenece is writing a history of Bamber County.

James L. Haynsworth is completing the military records of all officers of the South Carolina continental Line.

Mrs. A. Waldo Jones of Vinings, GA writes: "I am exceedingly interested in your article on the Lamar Cemetery near Augusta. Mr. Jones (a Thomas Lamar descendant) and I hunted diligently for that cemetery last spring, with no luck whatever. . ." We are delighted to put Mrs. Jones in touch with the member who contributed the Lamar cemetery information.

The Carolina Herald invites its readers to contribute notices of publications and research. Also, queries and comments will be published when practicable. We regret that we cannot supply copies of our first issue. It was sold out.

ANCESTRAL REQUIREMENTS FOR MEMBERSHIP IN VARIOUS SOCIETIES

by Olga Huey

National Society of Colonial Dames of America: Members must descend from an ancestor in America prior to 1750 who rendered service in the Colonial period in founding a commonwealth, an institution which has survived and developed into improtance, or held an important position in a Colonial government, or by distinguished service contributed to the founding of the nation; such service must be before July 5, 1776, but shall include all signers of teh Declaration of Independence.

Colonial Dames of America: Members must descend from an ancestor who came to reside in America prior to 1776, and who was efficient in the service of the country by holding an important position in the Colonial government, or who as a statesman or officer contributed to the achievement of American Independence.

Colonial Dames of the Seventeenth Century: Members must descend lineally from an ancestor who was an historic founder or rendered certain designated civil or military service in the American Colonies prior to 1701.

CAROLINA HEARLDRY

Francis Salvador, a wealthy Jewish merchant of London, applied to the Earl Marshall in 1744 for a confirmation of the coat of arms that his father had borne in Portugal, and on June 18 of that year, he received a grant of these arms. His grandson, also named Francis, settled on a plantation of nearly seven thousand acres in Ninety Six District. Francis Salvador II was conspicuous in the affairs of the colony at the beginning of the Revolution. In June, 1776 the Cherokee Indians, inspired by the Tories, attacked the residents of Ninety Six District, and during a skirmish in the early hours of August 1, Francis Salvador was wounded and scalped. He died minutes later.

Vert, a lion rampant between 3 fleurs-de-lis or. Cr: A demi lion gules, langued and armed azure holding between his paws a like fleur-de-lis.

SOUTH CAROLINA CEMETERIES

KIRK, BERKELEY COUNTY

Location: Off SC Hwy. #6 near Eutawville, on "Loc Dhu" Plantation, formerly a Kirk residence, now that of Mr. F. K. Simons. This cemetery was on the adjoining Kirk Plantation, "Mt. Pleasant", but was moved to prevent inundation by Lake Marion.

Mr. Gideon Kirk. Died 25 August 1797. Age 39 years, 3 months.

Mrs. Rebekah Kirk, wife of Gideon Kirk. Died 18 Dec. 1801. Age 52 years, 11 months, 17 days.

Robert J. Kirk. Died at Warm Springs, North Carolina, 2 Sept. 1828. Age 42 years, 13 days.
And;
Eleanor Mary Kirk. Died 7 March 1830. Age 42 years, 6 months, 15 days.

Francis Marion, Esq. Of St. John's Berkeley. Grand Nephew and Adopted Son of the Revolutionary Patriot and Soldier, General Francis Marion. Died 24 April 1833. Age 55 years, 8 months. (see Name Droppers)

Mrs. Charlotte Marion, wife of Francis Marion. Died 15 Dec. 1799. Age 17 years, 3 months, 19 days.

Mrs. Harriet Marion, widow of Francis Marion. Born 26 August 1782. Died 8 April 1856. (twin sister of her husband's first wife. Nee Kirk.)

Charlotte Marion, daughter of Francis and Harriet Marion. Died 8 Oct 1807. Age 3 years, 9 months.

Mrs. Eliza Harriet Couturier, wife of Isaac T. Couturier, daughter of Francis and Harriet Marion. Age 19.

Mrs. Rebecca C. Porcher, wife of Charles C. Porcher. Died 17 Jan. 1827. Age 24 years, 11 months, 17 days.

Master Francis Marion Porcher. Died 22 Oct, 1828. Age 1 year, 10 months, 14 days.

Gabriella Marion Kirk, wife of Philip C. Kirk. Born November 4, 1815. Died August 5, 1842.

Gabriella Marion Kirk. Born May 21, 1834. Died Oct. 9, 1893.

Mrs. Caroline Postell, wife of James S. Postell, daughter of Richard and Mary Yeadon. Died 4 Sept 1836. Age 31 years, 11 months, 20 days.

P. Sidney Kirk, MD. Born June 5, 1835. Died August 20, 1911.
And;
Susan S. Kirk. Born July 10, 1835. Died August 20, 1905.

W. H. Singleton. Co. I, 3rd SC Artillery, C.S.A.

Richard Singleton Kirk, MD. Born July 17, 1866. Died Jan. 13, 1928.

Marion Mitchell Kirk. Born April 5, 1867. Died June 26, 1957.

(Memorial. Buried in Camden, SC) Richard Singleton Kirk. Born Jan. 3, 1903. Died Dec. 11, 1947.

Laura McDonald Kirk Couturier. Born April 28, 1872. Died March 14, 1965.

J. Ransom Couturier. Born June 6, 1864. Died August 21, 1900.

Sidney Kirk Couturier. Born Jan. 26, 1897. Died Jan. 2, 1964.

LANGSTON-ANDERSON, FLORENCE COUNTY

Location: This family cemetery is behind Mr. Harold Anderson's house on Hwy. 45 (Langston Road) 2.2 mi. North of Hwy. 301. There are many wooden markers. This is as compete a survey of the inscriptions as could be obtained. The cemetery is completely overgrown. It was surveyed November 28, 1971, and at that time many of the markers were broken.

Miles Anderson. Died May 10, 1872. Age about 80 years.

Allie Anderson, wife of Miles Anderson. Died Jan. , 1868. Age about 70 years.

J. R. Anderson. Born Jan. 13, 1825. Died Feb. 5, 1898.

Margaret M. Anderson, wife of J. R. Anderson, Born July 22, 1848. Died April 22, 1887.

T. S. Langston. Born April 8, 1837. Died May 30, 1917.

Elizabeth Langston. Born Oct. 15, 1840. Died June 9, 1905.

Thomas S. Langston. Zimmerman's Co. SC Artillery. C.S.A.

Addie Langston. Born April 12, 1879. Died July 4, 1896.

Mamie Langston. Born March 9, 1881. Died June 7, 1889.

Reddick Langston. Born 1888. Died 1889.

Wade Hampton Langston. Born 1856. Died 1937.

Mary Ellen Langston. 1857.

Lula Langston. Born 1866. Died 1873.

A. Judson Langston. Born July 20, 1860. Died Nov. 10, 1900. Wife Mattie Caturah. Born August 6, 1859. Died June 15, 1909.

Ida Langston. Born August 13, 1896. Died Feb. 22, 1897.

Infant of R. J. & M. Ferrell. Dec. 6, 1806.

George Jackson son of M. M. and L. R. Lee. Born Dec. 2, 1904. Died November 7, 1905.

James E. Son of E. S. & E. L. Anderson. Born April 22, 1872. Died April 5, 1878.

Leather E. Daughter of E. S. & E. L. Anderson. Born Dec. 23, 1875. Died Dec., 1877.

Infant son of E. S. & E. L. Anderson. Born and Died Jan. 23, 1885.

Emma A. Daughter of J. R. And M. M. Anderson. Born Sept. 20, 1885. Died May 6, 1887.

Gideon Ferrell is said to be buried in this cemetery.

Volume 1 Number 3 Coming Soon

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© 1999 The South Carolina Genealogical Society, Inc.

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