The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-02


Galphin, cetihed on the 18th January. 1885, byhe
Judge Of the court Of ordinary for the district OF Barnv
South Carolina Who upon said copy. Me also cerled
thas said will was proved sth May 1914 that Bsrns T.
Kenna qualified as executor of said viii 9th July 81
that Medge Galphin also qualified as executor OF sid
will S0th March, lS22; and that John Mledge, nc-
mated in said will as an executor never qualified az s
and that the said John Milledge and Barna McKena
both dead when in the year 1885, said certhcfes
were made. | likewise 6nd amongst said papers ppoi
that William Dunbar Of the qualified exscpot OF
lsoo-his co-executors, Thomas GaIphin and Gerge
Galphin, surviving him but which OF The two exectors
last mentioned survived the other is not proved; nf Is
the death Of George GsPhn executor last above rn
several afhdayits procured in January ls49 have zen
Produced in which rumors OF his death. founded sipy
upon hearsay, are mentioned. !.
the period when it may have happened. and consequnl,
y OF he possible nvadity OF the claim OF the aforead
Medge Gaphin to act as the executor OF the W, OF
George Galphin. tesator aforesaid by OF hhoe-
ing executor OF the will OF Thomas Gaphin. antihe
assumption that said Thomas survived George, hlsco-
executor, the said Medge Galphn has not appl!sso lot
nexed, either in South Carolina or in the District OF 70
umba. cannot imagine. as they could have beenob
tanned with less effort than has been made 70 obtain ne
aforesaid adavits unless indeed more OF the sum Of
said claim might inure the OF said Milledge la
phin and his Aforesaid attorney if said Mledge Gapn,
by reason simply OF his being the sole surviving qu
fed of the will OF Thomas Gaphin, were repg-
Missed also as the qualified executor OF the will Of Gege
Gaphin, first testaor aforesaid than would inure tqhe
said Milledge Gaphin. to his attorney, i eites OF
ne xed. should be obtained BY said Medgr Galpbn in
South Carolina or in the District OF Columbia Yet If
his emitting obtain these letters could produce such
ss %a asSs s.a .
tor aforesaid, the possibility OF such resntssndtpen,
DENLY Of other III. justice and
e Of requiring him e s sus a sf's
charge will defend It against equitable demands
that might arise if an absolute releast were mol
taken from person indispnably authorized to de-
mand and receipt for the sum OF said clam. More
over, remark that, II the letters t@tamentary
that were issued in Abbeville district, South Caro-
lima, to Thomas Galphin, nominated executor in the
will of George Gaphin, estator first Aforesaid and
the letters testamentary that were issued in Barnwe
district. South Carolina, MIedge Galphn. nominated
executor in the will OF said Thomas copies thereof
certified repaired by the act OF Congress- APPROX
2t,h June. 1872 above cited, should be Produced they
would not establish the right Of Medge GaPhin, exc
cutor Of the will OF Thomas Galphn to act the Dis
Gaphin, tesator first aforesaid for, letters testament
AIRY had been granted here TO said Thomas Gaphin OF
the estate Of said George Galphn and to Misdge Gal
ledge Gaphin could not hereunder lawfully demand
and, receiving the of said claim therenpon execut
valid discharge to the government OF the United State
ioI me sa%e q w Ss very az ss poa an
made applicable 10 such by the acts of Congress
herein before cited for il the proper authority in thi
district had granted letters estamenary 10 Thomas Gal
pHin on the estate OF George Galphn, and u Milledg
Galphn the estate of said Thomas debt due 10 III
estate of said George would not. under the tssamenar
laws in force within this district, be discharged by
OF the payment OF said debt having been made 10 Mil
ledge Galphin as executor Of the will Of Thomas Gal
phin.
Immediately after the aforesaid act of Congress, ap
proved August IA, IS4s, for the relief Of MilleJg
Gaphn executor, &c. could be procured the papers tina
had been filed to establish his claim were obtained iron
the Secretary OF the Sena,ei and having been referred
the accounting officers for report, cursory read them
and explained 10 said Gaphn and his aforesaid attene
the objections to said claim which presented hemselve
my mind, including the fact that did not find the lei
tiers testamentary which had been issued TO him unde
the will OF George Ca phin named in said ACT, copie
OF said letters and then, to facilitate the final seemeI
OF said claim, expressed the opinion that letters OF
- essas sea. v VI ihs aaRefs6a lMesi
copies thereof duly certified to this department.; and
further consideration of this point has served but 10 con
m that opinion, respectfully submit that for reason
herenbefore specified, he should now be required
procure and submit to this department such letters
administration copies thereof, certified aforesa
aud especially because believe you may find debt
be due from the United States, and payable under sal
act OF Congress 10 the duly appointed and qualified Leg
should now proceed to the examination OF the afors
said claim upon ITS mer and IN so doing, will have III
honor to report TO you.
Second That il satisfactorily appears from the accom-
panying copy OF letter puporng to have been write
l4th June, I773, to the Earl Of Dartmouth &c, &c,
Sir James Wright then governor OF the province OF Geo
Affairs that the Creek and Cherokee nations OF Indian
had coded, on the first day OF said month, 20 his Maest,
a large body OF very valuable lands in said province,
pay the debts due by said Indians traders and thos
claiming under them and from the accompanying exrat
taken from letter written 2Sth October, l773 by III
Earl Of Dartmouth, TO Sir James Wright governor afore
said that the said cesson was accepted for the said pu
pose, with remainder. If any, to the Crown, and wa
highly approved by his Majesty. And,
Third, From certificate that issued on the I'd
May l775 per order OF the governor and council OF III
province Of Georgia, signed Alexander Wylly, clerk
with these endorsements annexed:
SAVANNAH, June g. I775.
Entered the books Of the receivers Office Of cede
lands.
JOHN GRAHAM,
Receiver.
RICHMOND CouSTY,
Personally appeared before me Timothy Barnard, who
being duly sworn saith that be well knows the above sp
nature OF Alexander Willy, clerk 10 be the
Of the said Alexander Wyly
Sworn to, the 10Th day of October. I7ss. before
ID. HUNTER, j. p.
RIcHxosD COUNTY
Personally appeared before me Edward Heating, esq
VITO, being duly sworn, saith that he well knows the sig
nature Of John Graham, receiver TO be the handwriting
the said John Graham
EDWARD HEATING
Sworn the 9TH Of February, l7so
That the OF 979l l5s Sd, lawful money OF sale
province, was found TO be due and payable 10 Geoy,
Galphn In his right and as assignee Of John Miller
ward Haynes, James Macqussa, IT,, John Neatly Thos
Mosely, Jos. Rippon, Richard Brown, Francis Lewis
John Rock, James Durongeaux John Pegg, Jas Burgess
and William Newton, who Indian traders and hat
legally assigned their debts and claims on the Creek
and Cherokee Indians and upon the lands coded by sac
Ind N, fho ~