Lavinia Ray and Wainwright Baylor

This is a tale of the runaway marriage of a very young woman to a man held to be a scoundrel by some of her relatives, a dispute over property and the legal wranglings of the court system.

Wainwright Baylor was my Grand Uncle. He and his wife Lavinia have been interesting subjects of investigation as I  researched my ancestors and relatives from South Carolina. How could I not be interested in someone named Wainwright? Just the name alone piqued my curiosity and made me want to look closer at him and his history.

Another reason I became interested in Wainwright was that there was a lot of information about him and his wife Lavinia. Early in my research I found that the Archives in South Carolina had lots of records concerning  him. His service in the Civil War also produced a lot of records that needed to be put together into a story.


Bonnie Baylor Garmon, Cocoa, Florida, January 2015



Lavinia Catherine Ray

Lavinia Ray was born in 1842 in South Carolina, the daughter of William Ray and Damaris Grooms.

Little is known about her father William Ray. He apparently was a man of some means, owning large tracts of land in St. James Goose Creek and St. Johns Parishes in Berkeley County, South Carolina. The Federal Census shows him living in St. Johns Parish in 1830 and in 1840.

Lavinia’s Mother, Damaris Ann Grooms, was the daughter of John Grooms and Nancy Stoudemire of St. James Goose Creek Parish. The Grooms were an old, prolific family, well established in Berkeley County.

When Lavinia’s father William died in 1843, he left a Last Will and Testament, appointing his brother Thomas as the executor. In this will he left his “beloved wife Ares An” [Demaris Ann] all his land in St. James Goose Creek Parish; to his daughter Lavinia he left the rest of his property: a thousand acre plantation in St. Johns Parish, a tract of land about 100 acres in the same parish, and all his slaves and stock on these properties.

J. Russell Cross, a noted Berkeley County historian, relates in a letter that young Lavinia lived for a while with the Cross family, and later with the family of his great grandfather Samuel Oliver Russell. However, in an account of the administration of the estate, Lavinia’s Uncle Thomas Ray records that, beginning in 1846 and ending in 1857, the estate paid Edith Byrd $24-30 a year for boarding Lavinia. Perhaps she was only a part-time boarder with Mrs. Byrd.

Lavinia’s mother, Damaris, does not appear to have been part of Lavinia’s life following the death of William. There is no further mention of her in any records we have located. According to J. Russell Cross, the widowed Damaris married “my great grandfather John James Cross” and later sold him the land she had inherited in St. James Goose Creek Parish.

Lavinia’s education, as documented in an accounting of the estate, consisted of:

1851 -- Instruction by T. H. Mims, $3.00

1855 -- 5 months, 8 days instruction by Jas. A. Parler. The estate paid $32.25 for this instruction plus board.

1856 -- 3 months instruction and board by J. A. Parler, cost --$19.75.

1857 -- Instruction and board by Owen Shuler. Cost -- $18.00.


 Last Will and Testament of William Ray

The Last Will and Testement we have transcribed here is from a microfilm copy of a typewritten copy, the typewritten copy must have been made after 1878, when typewriters first offered both upper and lower case characters. We have made no corrections to the spelling, but, for easier reading, have changed the convention of replacing the initial “s” of “ss” with a character that looks like a modern day “f”. (For example “possessions” is spelled “pofsefsions”).

Box 22 No. II

State of South Carolina-In the Name of God, Amen-

The last will and Testament of William Ray being of sound and disposing mind memory and understanding do make and Ordain this instrument of writing, to be my last will and Testament.

First it is my will that all of my just and lawful debts, if any there be, at my death, be paid, by my Executer, out of whatever money I may have

Second I give to my beloved Wife Ares An to have and to hold the said slave her and her future issue and I give unto her all of my land lieng in St. James Goose Creek and Six Bacon hogs and Six cows and Calves and all my poltry as her part of my propperty

third I give unto my brother John I Ray ten dollars

forth I give unto my sister Sarah Nowel ten dollars

fifth I give unto my sister Mary M L S Malone ten dollars

Sixt I give unto my neas Caroline P Ray hanner [Hannah, a slave] to have and to hold her and her future issue forever

Seventh I give the rest of my propperty to my daughter Luvener the rest both land and negroes and stock of all kinds and if she should die and leave no issue it is to be equally devided between my brother Thomas Ray and my Neas Caroline P Ray to have and to hold and to put to thare propper use

eight I hereby revoke and declare to be null and void any will by me heretofore at any time made

Ninth I nominate constitute and appoint my brother Thomas Ray Executer of this my last Will and Testament

In Witness whereof I have hereunto set my hand and Seal this the 16 of November in the year of our lord One thousand eight hundred and forty three and of the Iindepece of the U. States of America the sixterheight.

William Ray (L S )

Signed published and delivered by the Testor William Ray as his last Will and Testament who in his presence and at his request have hereunto subscribed our names as Witnesses

Joseph Palmer

John Ballintine

David West

proved before Thos. Lehrs Esqre

O.C,T.D.-- this 29th November 1843---

At the same time qualified Thomas Ray Executor.

Recorded in Will Book I and J 1839-1845, Page 341

There is an interesting side-note concerning William's niece, Caroline P. Ray. In a correspondence with a researcher who was reporting his wife's ancestors we learned that:

The P. stood for PETER after her father who was killed in an accident before she was born. The story goes that Peter had a premonition that he was going to die and exacted a solemn promise from his expecting wife that regardless of the sex of their child, she would name their unborn child after him. His wife Edith Russell, gave birth to a daughter and true to her word, named her child Caroline PETER Ray. A touching true story.

Thomas Ray, Lavinia's uncle and the executor of her estate, was a man of substantial wealth and importance in St. James Goose Creek Parish. In 1832 he had been selected as a delegate to the famous Nullification Convention in Columbia, South Carolina.

Lavinia lived for a while with the Cross family and later with Samuel Oliver Russell as recounted in the following letter to Mr. Murray Taylor, a Baylor/Taylor Genealogist.

In the letter, dated February 23, 1995, after salutations to Murray Taylor, J. Russell Cross quotes a story told to him by his great Aunt Angie Russell Murray:

About the Baylons [sic]. Wainwright was the only one I know anything about. My great grandfather John James Cross, married 2nd Damaris Grooms Ray, who had been previously married to (James) I think, Ray, a son of Thomas Ray, Sr. [Editors Note -- Damaris married William Ray, the brother of Thomas] By that marriage, Damaris had a daughter Lavinia Ray, who lived for some time with the Cross family and later with the family of my great grandfather Samuel Oliver Russell.

Lavinia had inherited a tract of land near Mt. Olivet. She and a Negro man went down to check on a herd of cattle she had on the land. That day she met Wainwright Baylor and they planned to run off and get married. A few days later when she was living with the Russell family up near Black Creek Church, my great grandfather told his wife that Wainwright was riding over on horseback to see Uncle Tom Ray, Jr. and that he could spend the night since the swamp was high. Lavinia, called Viney, asked "What did Uncle Oliver say?" My great grandmother repeated what her husband has said. Viney then said "Thank Goodness." My great grandmother then asked why she said that. Viney replied "I want to arrange my wardrobe." That night Viney slipped out of a side door with only a little clothing and ran away with Wainwright.

 I heard the names of their children when I was small, but I do not recall. Did one of them marry a Taylor? It seems I heard they went to Florida. Someone told me that John J. Cross acquired land that Damaris owned but Viney had land of her own. Uncle Kelly Cross knew all of them well. My great Aunt Angie Russell Murray (mother-in-law to Mattie Lee who taught in the Cross Elem. School) told me about Damaris and Viney and the elopement.

Sincerely, J. Russell Cross

The author of this letter, J. Russell Cross, is a Life Member of the South Carolina Historical Society, Vice president of the Huguenot Society of South Carolina for Berkeley County, a founder and past president of the Berkeley County Historical Society, member of the Sons of the American Revolution, University of South Carolinian Society and an active public speaker and writer. J. Russell Cross is the author of "Historical Ramblin's through Berkeley"

From "Marriage and Death notices from Baptist newspapers of South Carolina, 1835-1865", a newspaper clipping dated March 2nd 1858 says:

"Married on Saturday evening, 6th of February, by Rev. James B. Hinton, at his fathers residence in St. Johns Berkeley, Mr. Wainwright Baylor to Miss. Lavinia Ray, niece of Thomas Ray, Esq., of St. James Goosecreek Parish."

Lavinia was about 17 years old at the time she was married.

Wainwright Baylor


Wainwright F.  Baylor was born in 1832 to John Baylor, Jr. and Mary Ann Griffin of St. Johns Parish, Berkeley County, South Carolina.

Wainwright and Lavinia Ray were married on the 6th of February, 1858. They moved on to a tract of land inherited by Lavinia from her father William, abutted on the North and East by the plantation owned by Wainwright’s father, John Baylor, Jr. Wainwright and Lavinia later claim that they thought they had the right to occupy this land, since it became theirs by “marital rights” as part of Lavinia’s estate. As we shall see, her Uncle Thomas Ray thinks otherwise.

On the 6th of March, 1858, Wainwright and Lavinia filed a Bill of Complaint asking for an account of the administration of the estate by the Executor of the estate, her Uncle Thomas. In this Bill of Complaint they may have made certain accusations which offended her uncle, judging by the legal reply her uncle made. We have not located this Bill of Complaint filed by the couple.

On the same day, the 6th of April, Lavinia's Uncle Thomas, as Executor of Lavinia’s fathers Last Will and Testament, presents his own Bill of Complaint in response to the Bill of Complaint from Wainwright and Lavinia.

            Thomas Ray Exctr.

            Wm. Ray Vs Wainwright Baylor & wife

The State of South Carolina, Charleston District

To the Honorable the Chancellor of the said state.

Humbly complaining sheweth unto your Honor, Your Orator, Thomas Ray of the Parish of St. James Goose Creek in the State aforesaid, Planter.

That heretofore to wit on or about the Seventeenth day of November in the year of our Lord One thousand eight hundred and forty three, William Ray of the Parish of St. Johns, Berkeley, being seized and possessed of considerable Real and personal estate, made published and declared his last will and Testament whereby he declared first that all of his just debts should be paid by his Executor out of whatever money he might have second that he gives to his beloved wife Ares Ann to have and to hold the said slave [left blank] her and her future issue and all his land lying in St. James Goose Creek and Six bacon Hogs and Six cows and calves and all of his poultry as her part of his Estate.

That Testor gave and bequeathed several pecuniary legacies and then gave the rest of his property to his daughter Lavener, the rest both land and negros, stock of all kind and if she should die and leave no issue, it should be equally divided between his brother Thomas Ray and his niece Caroline P. Ray to have and to hold & to put their proper use.

That after revoking all others Wills by him theretofore made, he nominated and appointed your Orator his Brother Executor of his said Last Will and Testament.

That the testator shortly after departed this life leaving the said Will in full force and virtue, and the same was admitted to probate on the twenty ninth day of November in the year of our Lord One thousand eight hundred and forty three and on the same day your Orator qualified thereon as Executor thereof.

That in pursuance of his authority as Executor of aforesaid he took possession of all the real and personal estate of his Testator, That he delivered to the widow of Testator to wit Ares Ann Ray, the land in St. James Goose Creek, with the specific bequest designed for her and otherwise to a considerable extent proceeded to administer the Estate, but has not as yet wholly administered the same,

That the said Lavener or Lavinia Ray was an infant of tender years at the death of the Testator,

That your Orator took charge of her and has brought her up with care and attended to her education according to his ability and reared her in a proper and respectable manner, that the residue of the testors estate after your Orator had settled the Debts and most of the specific and pecuniary legacies and delivered to the widow Goose Creek land consisted of a Tract of land in the Parish of St. Johns Berkeley some stock and negros - These your Orator kept together, planted the land which was neither fertile nor valuable, made moderate crops increased the stock both of negros and cattle, and has also made some money which he has invested as he has been advised,

That he has faithfully discharged his duty in this behalf as well in respect to the memory of his deceased brother, and his duty and Trust as the Executor of his will, as for the affection for his young niece during her child hood and youth.

That whilst your Orator was thus in discharge of his several duties both legal and moral, according to the best of his judgment and as he is prepared to show with honesty and fidelity, and whilst the said Lavinia was still a minor aged about seventeen years, to wit on the [left blank] day of February or March in the year One thousand eight hundred and fifty eight, one Wainwright Baylor, a person of no property or employment, with whom your Orator had very little acquaintance, and of whom the said Lavinia knew much less, for she had never seen him more than Twice or thrice in her life, surreptitiously, and without the knowledge or consent of Orator, carried off Lavinia and married her.

That your Orator was as he might well be distressed and grieved at the disrespect and indifference of his niece at thus contracting a marriage without even consulting him as the protector of her youth and her nearest relative, and he was even more indignant at offense and indecency committed by the said Baylor - but as if to heighten both, the said Baylor, soon after surreptitiously and without the knowledge or consent of your orator went upon the Tract of land last mentioned, took possession of the same, and of the negros, stock, corn provisions and the like on the place, and turned away the person whom your Orator had put in the charge and care of the same.

 That shortly after to wit on the sixth of March in the year one thousand eight hundred fifty eight the said Wainwright Baylor and his wife the Lavinia filed a bill in this Honourable Court setting forth the will of the said Testator, the appointment of your Orator to be Executor thereof the death of the testator proof of the will and qualification as Executor by your Orator, and charged your Orator with having possessed himself with the real and personal effects of the testator,

 That the complaints had intermarried, and that as a sufficient time had elapsed since the death of the testator for the payment of Debts and legacies and that as they were entitled under the residuary clause of the said Will they had applied for an account to your Orator, your Orator further sheweth unto your Honour, that he did not in any manner assent to the legacies and bequeaths of the residue of the Testator’s Estate before the time that the said Wainwright Baylor seized and surreptitiously took possession of the same, nor has in any manner however assented thereto since that time,

 That the legal title the Slaves and personal property of the said Testator is still vested in your Orator and that be the usage and custom of the State and of the County, he was entitled to the possession of the Plantation in order to keep the Planting interest together until such time as in his discretion and judgment faithfully excised, he should assent to the Testator bequest of the residue, and transfer the same to the legatee and devisee,

 That the seizing and taking possession of the same by the said Wainwright Baylor and his wife was a fraud on your Orator and in derogation of his rightful and lawful title and authority as Executor as aforesaid and that he is not thereby divested of his title and right to possession nor has the marital rights of said Wainwright Baylor attached thereto as your Orator is advised and your Orator is further advised that he is entitled to have the said property delivered up to him again by the said Wainwright Baylor and wife.

Your Orator further sheweth that he is informed and believes and so indeed he charges and alleges that the said Wainwright Baylor is a person without any employment property or means of livelihood, that he left this state sometime ago and with to the west, where he was absent for some time, and that he reappeared in the State a short time before his clandestine and surreptitious marriage with the said Lavinia, and that your Orator believes and fears and charges that the said Wainwright Baylor will run the personal property before said out of the State, or other wise dispose of the same,

That the said Lavinia is only about seventeen years of age, that your Orator thinks it is his duty to cause adequate Settlement of the property to be made upon the said Lavinia under the direction of this Honourable Court and that he entitled to have the possession of the same vested to him for this purpose alone & for no other- the same having been wrongly and clandestinely taken out of his possession, against his will and consent,

That your Orator has frequently and in a friendly manner applied to the said Wainwright Baylor and Lavinia his wife and requested them to restore the said Plantation and negro Stock, provision and other things thereon- to the possession of your Orator, that he might be enabled to discharge his trust and duties in relation thereto, and your Orator had well hoped that they would have complied with (such) reasonable request as in conscience and Equity they ought to have done.

But now so it is may it please your Honor that the said Wainwright Baylor and Lavinia his wife in order to oppress and injure your Orator do absolutely refuse to comply therewith.

 In tender consideration whereof and for that your Orator is remediless in the premises by the strict rule of Common Law is relievable only Honourable Court where matters of this sort are properly cognigable and relievable. To the end therefore that the said Wainwright Baylor and Lavinia his wife, respectively may full true direct and perfect answers make to all Singularly the matters aforesaid, as fully in every respect as if the same were here again repealed and they thereunto particularly interrogated, and that they may be compelled by a Decree of this Honourable Court to deliver up to your Orator the Plantation, and Slaves, Stock, provision and other articles therein, so surreptitiously and clandestinely taken out of your Orator’s possession, and that they may account for all the property so converted by them, and that they may be enjoined from elaigning removing or disposing of the personal property and chattels aforesaid, and that the same may be restored to your Orator and that he may receive the instruction of this Honourable Court in the premises and that accounting for his administration of Testators estate and closing the same the trust estate and property of the said Lavinia in the whole of the said residue and the accumulations thereof may be settled to her use benefit and behoof by such assurance in the Law, and on such terms, trust provisions and conditions as may be deemed proper and equitable by this Honour Court and that Orator may have such order and further relief as to your Honors shall seem meet and to Equity may appertain.

May it Please your Honours to grant to your Orator a writ of injunction to be issued out of this Honourable Court and under the seal thereof to enjoin and restrain the said Wainwright Baylor and Lavinia his wife and each of them from removing or elaigning the aforesaid property out of the jurisdiction of this Honourable Court or otherwise disposing of the same and also a Writ or Writs of subpoena to be directed to the said Wainwright Baylor and Lavinia his wife commanding them and each of them at a certain day and under a certain penalty to be inserted therein to be and appear in this Honourable Court there full true direct and perfect answers to make, on their several and respective corporal oaths to all and Singular the matter in things aforesaid, and to stand to abide and perform such Order and Decree in the premises as to your Honours shall seem meet,

 And your Orator will ever pray and so forth.

/signed/ Thomas Ray

-------------------------------------------------------------------------

Simons & Dunkin

 Thomas Ray there within named complainant being duly sworn, deposed to Saith that the facts Set forth in the enjoined Bill of Complaints are true. Complainant further said that there were Seven Negros, Fifty head of Cattle, about twenty heads of Hogs, besides Corn, grain, and Poultry on the Plantation when Defendants took possession.---- and that these are worth at a fair and reasonable value Four Thousand Nine Hundred and Seventy Eight Dollars. Sworn before me this 6 April AD 1858.

/Signed/ James Simon

/Signed/ Thomas Ray

Not. Pub. -----

On the same day, Wainwright and Lavinia (and their lawyers) file an answer to this Bill of Complaint, responding to the factual portions of the Bill of Complaint, wisely ignoring the personal attacks by Thomas Ray:

           Charleston District

In Equity Thomas Ray

Answer of Wainwright Baylor And Wife

Wainwright Baylor and Lavinia his Wife

Filed 2nd July 1858

Thos. Y. Simons Deft’s Solr’s

State of South Carolina

Charleston District In Equity

The joint and separate answer of Wainwright Baylor and Lavinia his Wife to the Bill of Complaint of Thomas Ray.

These Defendants saving and reserving to themselves all and all manner of benefit and advantage of exception to the manifold errors uncertainties and insufficiencies in Complainant’s Bill of Complaint contained Answer thereunto or unto such parts thereof as the Defendants are advised is material for them to answer unto them answering say,

That they admit that William Ray of the Parish of St. Johns, Berkeley did make and publish and declare his last Will and Testament at the time and in the manner specified by the Complainant and that the said last Will and Testament is correctly recited be the Complainant and the Complainant was appointed Executor thereof by the Said Testator.

That the said Testator departed this life at or about the time mentioned, that the Will was admitted to probate and the Complainant qualified Executor thereof at the respective dates in Bill mentioned.

That the said Complainant did take possession of the Lands, Slaves, Stock, and other Chattels belonging to the Testator and proceeded to administer the said Estate.

That the said Lavinia Baylor then Ray was an infant of tender years at the time of her fathers death, and that she was committed to the care of the Complainants who was her fathers Brother and reared by him.

That the property of the Estate was such as the Complainant has specified.

Defendants further admit that they intermarried at or about the time mentioned by Complainant and whilst the Complainant was a minor age about seventeen years and that she is still a minor. That they cannot deny that the marriage took place without the Knowledge of the Complainant and without his consent; on the contrary they admit that such was the fact.

Defendants further admit that soon after the marriage the Defendant Wainwright Baylor did go upon the Land and take possession of the same, of the Negro, stock, plantation, utensils, provisions, fodder and the like and that the Defendants now in possession of the same, but these Defendants allege that they acted in the belief and under the impression that they had a right to do so.

That the Complainant did not agree to the taking possession of the said property by the said Wainwright Baylor before he did take possession nor hath he in any way assented thereto since.

These Defendants admit that the filed a Bill for account against the Complainant at the time in Bill stated, and that they claim that they are entitled to an account in some way, but that they did not design any unlawful advantage of the said Complainant and they acquiesce in the allegation of the Complainant that as he did not in any way assent to the bequest in the Testator’s Will, nor in the taking possession of the property or any part by these Defendants the marital rights of the said Wainwright Baylor not attached thereon.

The Defendant Lavinia Baylor claims that she is entitled under these circumstances to have her Equity to a settlement set up and established and that the said property should be settled upon her on the terms of the Will and on such other conditions as may be deemed proper for her interest, and the said Wainwright Baylor acquiesces therein and agrees thereto.

That the said Wainwright Baylor has executed an injunction Bond in the pursuance of the exigency of the Writ of Injunction prayed for by the Bill and that these Defendants have possession of the said property as aforesaid, and are willing it should be settled as aforesaid.

And these Defendants having fully answered pray to be hence dismissed with their reasonable Costs and Charges in this behalf sustained.

 /Signed/ Wainwright Baylor

/Signed/ Lavinia C. Baylor his wife per

 Thos. Y. Simon, jr. Solr. Atty.

 ---------------------------------------------------------------

Thos Ray Exec Writ Injunction v W. Ray (in) (Sub ad Respon) et al

 I hereby constitute and appoint Thomas Brabham my Special Deputy for me and in my stead to execute the afore specified Writ.

Witness my hand and seal this 6 April AD 1858.

Witness

/Signed/ M. D...... /Signed/ Jas Carson

 --------------------------------------------------------------

Charleston District

I, this day personally served a copy of this writ for

Wainwright Baylor and Lavinia Baylor his wife whom

Wainwright Baylor Swears to before me this 9 April 1858.

/Signed/ James Tupper /Signed/ Thomas Brabham

Master in Equity

 --------------------------------------------------------------

Charleston District

(Eut) April 6th 1858

Jos Carew

S. & D.

Thomas Ray Executor of the Last Will and Testament of William Ray, dec.

Writ of Injunction

Wainwright Baylor & Lavinia Baylor his wife

Simon & Dunkin Complt. Solr.

Office of the Master of Equity

Charleston April 6th 1858

On hearing the Bill an Affidavit in this cause and on motion of Messrs. Simon and Duncan Complainants Solicitors. It is ordered that a Writ of Injunction issue so enjoin and refrain the Defendants Wainwright Baylor and Lavinia Baylor his wife or either of them from removing or otherwise disposing of or elogining out of the Jurisdiction of this Court, the Negros, Stock, Provisions & Other things on the Plantation as described in the said Bill until the further Order of the Court.

And that the said Wainwright Baylor enter into a Bond with approved Sureties before me in the penal sum of Eight Thousand Dollars & conditioned so abide and perform this Order.

/Signed/ James Tupper

Master in Equity

 -------------------------------------------------------

State of South Carolina in Equity Charleston District

To Wainwright Baylor and Lavinia Baylor his wife Greetings.

Whereas Executor of Last Will and Testament of William Ray hath Thomas Ray exhibited his Bill in the Honourable Court at Charleston in the District and made aforesaid against Wainwright Baylor and Lavinia Baylor his wife.

Wherein he prayed to be relieved in certain particulars therein Mentioned, and amongst other things that the said Wainwright Baylor and Lavinia Baylor his wife and each of them Might restrained and enjoined from removing or eloigining out of the jurisdiction of this Court or otherwise disposing of the Negros, Stock, Provisions and other things on the Plantation as described in the Said Bill, And on the hearing of the Bill,

It was ordered and Decreed that a Writ of Injunction do issue so to enjoin and restrain the Said Wainwright Baylor and Lavinia Baylor his wife or either of them from removing or eloigning out of the Jurisdiction of this Court or otherwise disposing of the Negros, Stock, Provisions or other things on the Plantation as described in the said Bill. Therefore, you the said Wainwright Baylor and Lavinia Baylor and each of you are hereby commanded that you desist and abstain from eloigning or removing out of the Jurisdiction of the said Court or otherwise disposing of the Negros, Stock, Provisions or other things on the Plantation as described in the said Bill until the further of the Court. And that you enter into Bond with approved Sureties in the Sum of Eight Thousand Dollars before James Tupper, Master of the said Court conditioned to abide and perform the Said Order.

Witness Thomas J. Gantt, Esquire, Register of this Honourable the Court of Equity for the District of Charleston and made the aforesaid this Sixth day of April in the year of our Lord One thousand Eight hundred and fifty eight and the Eighty Second of the American Independence.

J. Gantt, R. E. C. D.

Simon & Dunkin

Compl. Solr.

---------------------------------------------------------

 Wainwright Baylor et ux v Thomas Ray

Thomas Ray v Wainwright Baylor et ux

On hearing the report of Master Tupper in these causes & on Motion of Mr. Simons, with the consent of Mr. J. Y. Simons it is ordered that the same be confirmed.

/Signed/ (T). H. Wardlow

Jan 29 1859

---------------------------------------------------------

 Thomas Ray vs Wainwright Baylor & Lavinia his wife

Wainwright Baylor Lavinia his wife vs Thomas Ray

 On hearing the Council in these causes, and on their motion it is Ordered that these causes be referred to Master Tupper to take an account of the Estate Real and Personal of the Testator Wm. Ray and to consider and report Suitable terms and conditions on which the said property both Real and personal should be settled for the use of the said Lavinia Baylor, and that he report a Draft of the proposed Settlement. That he also inquire and report a fit and proper person to be the Trustee of the proposed Settlement.

It is further ordered that the Executor Thomas Ray account before the Master Tupper for his administration of the Estate of his Testator, and that the Master report the same with and special matters.

 /Signed/ Benj. F. Dunkin

---------------------------------------------------------

 Wainwright Baylor & Lavinia Baylor his wife v Thomas Ray ex a

On motion of Mr. T. Y. Simons Complainants Solicitor it is ordered that the Complainants have leave to dismiss their Bill as against Caroline P. Ray.

 /Signed/ Benj. F. Durkin

(Filed 2nd July 1858, Entered 101, Nr. 4)

 --------------------------------------------------------

Bayler and wife To Power of Attorney Thos. Y. Simons jr Solr.

Charleston June 30 1858

We the undersigned do hereby authorize and approve Thos. Y. Simons Jr. as our Solicitor to put in an answer for us in the case of Thomas Ray or make any such settlements as he may deem advisable.

 (Intrep) Vainright Bayler

L C Bayler

Witness James B. Gardner

--------------------------------------------------------

 Ent April 6th 1858

Jos. Carew

S & D

Charleston District

In Equity Thomas Ray Executor of the last Will and testament of William Ray decd

as Subpoena ad Respondendum

Wainwright Baylor and Lavinia Baylor his wife

(I) appear receipt service for Def(oto)

Apr 9/58 Simon & Dunkin Compl. Solr.

 The State of South Carolina Charleston District

The State of South Carolina TO Wainwright Baylor and Lavinia Baylor his wife

You are hereby strictly commanded and firmly enjoined, that all manner of excuses being laid aside, you personally be and appear before the Judges of the Court of Equity, for the District of Charleston.

Ten days after the service thereof; then and there true and perfect answers to make, upon your corporal oath, on the Holy Evangelist, to all such matters as shall be objected against you, in the Bill of complaint of

Thomas Ray, Executor of the last Will and Testament of William Ray decd AND ALSO, that you do within thirty days, immediately after the day appointed and expressed, file, or cause to be filed in the Registry of said Court, your plea, answer or demurrer, to the said bill of complaint

HEREOF FAIL NOT, under the pain of One Hundred Pounds.

Given under the Seal of the said Court.

Witness, Thomas J. Gantt Esquire, Register of the Court of Equity in the said State, for the said District at Charleston The Sixth Day of April

in the year of our Lord one thousand eight hundred and fifty eight and in the Eighty Second year of the Sovereignty and Independence of the United States of America.

Simon and Dunkin

Compl. Solr.

Mr. J. Gantt

R. E. C. D.

 ---------------------------------------------------------

Baylor v Ray

Ray v Baylor

 On motion of Mr. Simon , solicitor of Thomas Ray in these causes, it is ordered that Master Tupper access a suitable fee to be allowed Mr. Ray in these causes ----- the cash assessment of Council fees. Also for the solicitor of Baylor and wife that he pay the same to said solicitor together with the cash, accrued ----- the cash where ----- before he pay over the cash funds as ordered in the case.

(Executor) Easterling et al entered unto 10 March 1860.

John A. Inglis

---------------------------------------------------------

In Equity Charleston

Wainwright Baylor et ux vs Thomas Ray

and

Thomas Ray vs Wainwright Baylor

Filed January 29 1859 with Account Record and Report Book 1858/59

 --------------------------------------------------------

James Tupper

Master in Equity

Wainwright Baylor et ex In Equity vs Charleston Thomas Ray

and

Thomas Ray vs Report of James Tupper

Wainwright Baylor et ux Master in Equity

To the Honourable the Chancellor

These causes were referred to me by an order of Chancellery Duncan on the 2nd July 1858 whereby I was directed to take an account of the Estate, real and personal of the Testator William Ray, to consider and report suitable terms and conditions on which the said property should be settled on Mrs. Baylor together with a draught of the proposed settlement, and that I also report a proper Trustee for the proposed settlement.

The same order required the Executor Thomas Ray to account before me for his administration, and that I should report the same with any special matter. In pursuance of this order I have been frequently attended by the Solicitors of the respective parties and the following facts have been developed in the course of my examination William Ray of St. James Goose Creek made his will on the 16th of November 1843 whereby after some bequests and a devise of his portion of his real estate, Testator bequeathed and devised the residue of his property to his daughter Lavinia, the rest both land and negros and stock of all kinds, and if she should die and leave no issue it is to be equally divided between my brother Thomas Ray and my niece Caroline P. Ray, to have and hold and to put to their proper use, and the appointed Thomas Ray to be Executor thereof. Testator died a few days after the date of his will.

The Executor qualified and proceeded to administrate the estate. Testator’s only child and daughter Lavinia was at the time of his death an infant of tender years and has been brought up under the care and guardianship of her uncle Thomas Ray.

Sometime in February or March 1858 Wainwright Baylor and the testators daughter Lavinia she being about seventeen years of age intermarried, but without the knowledge or consent of her uncle. Soon after, Wainwright Baylor and wife took possession of the whole property without the knowledge or consent of the Executor under an impression that they had a right to do so, and they immediately after filed their Bill against Thomas Ray for an account. This is the cause first above entitled Thomas Ray then filed his Bill against Wainwright Baylor and wife setting forth the foregoing facts and praying for an injunction to restrain them from disposing of the property and he also set up the equity of Mrs. Baylor to a settlement. The Bills were respectively answered and thereupon the order recited at the head of this report was passed. I find the facts accordingly and that the marital rights of Mrs. Baylor did not attach on the property included in the devise and bequest aforesaid.

The property covered by the residuary devise consists of a Tract of Land in St. John’s Berkeley containing as is supposed about one thousand acres and another in the same parish of about one hundred acres, also, the following Negro slaves, Kate aged about forty, Prisc eighteen her infant, Peggy, fourteen, a boy aged about ten, Jingo aged about seven and Tom aged about thirty five. There was included in the inventory a Negro named Bob but it was proved in the course of the of the cause that this Negro was the property of Mrs. Mary Shuler and not belong to the Testator’s estate. Also fifty head of cattle, one hundred and fifty bushels of corn, sixty eight bushel of rice , potatoes, etc., and twenty heads of hogs, of all which Mr. and Mrs. Baylor took possession as already mentioned.

The Executors has very fully accounted before me for his administration. His accounts accompany this report and are fully vouched and approved by me. By this account there appears to be a balance in favor of the Estate consisting of the following items, to wit Note of T.C. Kirk and P. Kirk with interest $917.78

City 6% Stock 160. and Cash 1179.56 Total $2257.34

The securities and cash have been delivered and paid to me by Mr. Thomas Ray and I recommend that he be discharged from further account.

The provision, etc., have been consumed by Mr. and Mrs. Baylor since they took possession and I recommend that only the Lands, Slaves, Note, City 6% Stock and cash be settled.

I find that Thomas W. Easterling is a suitable Trustee and he has consented to accept the trust of the proposed settlement.

I consider the scheme of the settlement accompanying this report the proper mode of settling the property and I recommend that the Master be directed to execute the same.

Under the head of special matter I report that the only funds applicable to the payment of the counsel fees of Mr. and Mrs. Baylor is the cash in my hands. I think One Hundred Dollars in each causes a moderate fee for their Solicitor and I recommend the same to be paid out of the cash in my hands. I further recommend that the costs of these proceedings be paid out of this cash and that on executing the settlement the Master deliver to the Trustee the Note of the Messrs. Kirk, the City Scrip and pay to him the balance of cash that shall then remain in the hands of the Master,

ALL of which meets the concurrence of the Solicitors of the respective parties and is respectfully submitted.

(signed) James Tupper

Master in Equity

30 July 1858


Scheme of Settlement

To Thomas W. Easterling in trust to invest the cash and proceeds of the Note soon as received in such way as he may think proper in consultation with husband and wife, and that the same being so invested then in trust either to take and receive the income and profits of the whole settled property and pay them over to the husband and wife or in his discretion to suffer them to have the joint occupation of the plantation and the joint possession of the salves and other property for their joint use during their joint lives, and after the death of the husband in trust for the sole use of the wife during her life, and whether she die before or after him, should there be issue of the marriage living at the time of her death, then in trust, for such persons as would have been entitled to her estate if she had died seized in her own right in fee simple of the settled property. And if at her death there be no issues living, then subject to the limitations in the residuary clause of the Will of William Ray--The Trustee not to be liable to account for the income or management of the settled property while it remains in the possession of the Cestuis que trust.

James Tupper

Master in Equity

To Marriage Settlement

Thomas W. Easterling, Trustee Under

For Wainwright Baylor X Decree in Chancery

Lavinia his Wife

----------------------------------------------------------

 The State of South Carolina

To all whom There Present, shall come, or be made known.

Or whom the same may in any way Concern, I, James

Tupper, Master in Equity, for the District of Charleston in

the same State.

Send Greetings:

 Whereas Thomas Ray, of the Parish of St. Johns, Berkeley, Planter, Executor of the last Will and Testament of William Ray of the aforesaid Parish, Planter, deceased, on or about the sixth day of March in the Year one thousand eight hundred and fifty eight, did execute his Bill of Complaint in the Court of Equity at Charleston in the District of Charleston and the State aforesaid against Wainright Baylor and Lavinia Baylor Wherein he set forth the Will of his Testor that the said Lavinia was the daughter and only child of Testator and devisee and Legatee of the Residue of his Estate, that she was a Minor and intermarried with the Defendant, Wainright Baylor, and set up the Equity of the said Lavinia Baylor to have settled on her the property of which she was or might be entitled under the aforesaid Last Will and Testament. And on the same day the said Wainright Baylor and Lavinia, his wife, filed their Answer Wherein and Whereby they admitted the allegation of the Bill and consented to the Settlement aforesaid. And the Cause being at issue before the Honorable Court aforesaid _____ on to be heard at the Summer Sitting one thousand eight hundred fifty eight. We the said Court after full hearings thereof and continued deliberations in the Premises did order Acknowledge and Decree, That the Property Real and Personal hereinafter more particularly set forth and described shall be conveyed and assigned by the Master of the said Court to Thomas W. Easterling of the Parish aforesaid, Planter, as Trustee in the special Trust on the terms and for the purposes mentioned in the special Order in Decree final in the case made and hereinafter more particularly set forth. All which will appear on reference to the Registry of the said Court

And Whereas the said Thomas W. Easterling hath accepted said Trust and consented to discharge the duties therein Now Know All Men That I, the said James Tupper, Master of the said Court, in consideration of the promises and provenance and execution of the said Order and Decree find in the aforesaid Cause and also in consideration of Five Dollars paid me by the said Thomas W. Easterling, the receipt thereof I hereby acknowledge, Have granted bargained sold released and by their Presents Do grant bargain sell and release Unto the said Thomas W. Easterling and his Heirs,

All that Plantation or tract of Land situated in the Parish of Johns Berkeley in the District and State aforesaid, measuring and containing one thousand acres, more or less, Butting and Bounding on the North and finally on the East Land of John Baylor, to the South on Land formerly of James Edwards, to the West on the Land of (Mr) (Threatt) and Land formerly of Thomas Bradham. Also all that other tract of land in the same Parish containing about one thousand acres, more or less, Butting and Bounding on the North by lands of Thomas W. Porcher and Lands of the Estate of William A. Sinkler, to the East on lands of (Mr) James Gaillard and Keating, Senior, Junior, to the South on Lands of Thomas W. Porcher, now or lately, and on the West on Lands now or late of Thomas W. Porcher.

MSC [Misc.] the following Negro Slaves Kate, (Prisc) and her Infant Peggy, a boy aged about ten, (Jingo) aged about seven, his brother, and Tom.

MSC the sum of (Blank) Dollars of which part, to wit, (Blank) Dollars secured by the Note of Philip C. Kirk and Sidney Kirk, Surity XXX Forfit Note (Blank) of City and fee Co... Stock, and the balance in Cash.

Together with all and singular the Herediment By the Members and Appurtenance to the said purpose belonging in any way -------- or appertaining, To Have and to Hold the said Plantation, Slaves, Note and Cash unto the said Thomas W. Easterling, Exector, Administrator, Heirs, and being according to the nature of the property In Trust nevertheless to, for, and upon the new Trust, conditions, promises and Conditions following, that is to say, In Trust to invest the Cash aforesaid and the proceeds of the Note forward as soon as received in such a way and manner as he, the said Thomas W. Easterling may think proper in consultation with the said Wainright Baylor and Lavinia his Wife, and the same being so (instructed).

There In Trust either to take and use the income and profits of whole settled Property and pay them over to the said Wainright Baylor and Lavinia his Wife as in his discretion if he should think proper to suffer and permit the said Wainright Baylor and Lavinia his Wife to have the joint occupation of the said Plantation and the joint possession of the said Slaves and other settled property to and for the joint use benefit and behoof of the said Wainright Baylor and Lavinia his Wife, for and during their joint lives and from and immediately after the death of the said Wainright Baylor if he should die before her, in Trust for the sole and separate use during her life, and whether she dies after the said Wainright Baylor or before him, should there be issue of the marriage living at the time of her death, then from immediately after her death In Trust for such person and persons in the (like) shares and properties as would have been entitled to her Estate at that time if she had died, seized, possessed in her own right absolutely in the Simple of the settled property.

And if at her death, whether she die before or after the said Wainright Baylor, there be no lawful issue of the said Lavinia Ray then living Then In Trust to and for the uses purposes interest of and subject to the limitations in the Renduary Clause of the last Will and Testament of the said William Ray.

And further In Trust should the said Thomas W. Easterling suffer and permit the said Wainright Baylor and Lavinia his Wife, or the said Lavinia Baylor should she survive the said Wainright Baylor, to have and hold possession of the settled property during the continuance of the Trust and in case they or either of them should so take possession of the same, that the said Thomas W. Easterling shall in no way be liable to account to them or either of them or their Representatives or to the Representatives of either of them, for the care and management of the said settled property, or for income and profits thereof during the continuance of their possession of the Trust Estate.

In Witness whereof I, the said James Tupper, Master of the said Court under and by virtue of the said Decree have hereto set my Hand and Seal at Charleston the first day of September in the Year of Our Lord One thousand eight hundred and fifty eight and the eighty Sixet year of our Sovernty and Independence of the United States of America.

Sealed and Delivered James Tupper

in presence of Master in Equity

F. J. Winkler

Jas. S. Simons

 ---------------------------------------------------------

State of South Carolina

Charleston District

Personally appeared Jas. S. Simons and made oath that he saw

James Tupper, Master in Equity sign, seal and (his act) deliver the within Deed, and that he together with F. J. Winkler signed their names as witness thereto.

Sworn to before me

This 28th May, A. D. 1860 Jas. S. Simons

B. C. (Pressley)

Notary Public Recorded X ( )

May 29, 1860 X

Very Truly, Regards

 --------------------------------------------------------

 The trust set up for Lavinia is still in effect in 1890, for her family lawyer, Benjamin Huger Rutledge says in a letter supporting her application for a Civil War Pension, that he and his father “being partners, filed a bill in the Court of Equity for Charleston County for the purpose of appointing a new Trustee in the place of Easterling, deceased, ...”


1890 Court Records 

Wainwright F. Baylor et al Against Allen Baylor et al

Upon reading and filing the report herein of Master G. H. Sass dated November 19, 1890 and filed on the day of and on motion of Masters Rutledge & Rutledge, Attorneys for the Plaintiffs, it is ordered that the said Reports be, and it is hereby confirmed. It is further ordered that the said Report be, and it is hereby confirmed. It is further ordered that the said Master G.H. Sass, do execute and deliver a good and sufficient title deed to the premises described in the complaint, to the defendant Adam W. Taylor in consideration of the sum of Five Hundred ($500.) dollars, payable one third in Cash, and the balance in two equal successive annual installments from the date of this decree with interest at the rate of seven per cent per annum, payable annually, secured by his (Bond) to the Master and a mortgage of the premises, It is further ordered that out of the proceeds the Master do first pay the Costs of these proceedings and all taxes now due upon said premise and any other lien thereon, if any there be: and that be hold the balance subject to the trust expressed in the Trust deed to Thomas W. Easterling Trustee, set forth in the first paragraph on the Complaint. The Premises hereby ordered to be sold are described as follows. All that Plantation or tract of land in the Parish of St. Johns Berkeley measuring and containing one thousand acres, more or less, Butting and Bounding to the North and partly in the East by land of John Baylor, to the south on lands formerly of James Edwards, and to the West on land of Thweatt and land formerly of Thomas Bradham. Also all that of the tract of land in the same Parish containing about One hundred acres, more or less, Butting and Bounding on the North by lands of Thomas W. Porcher and lands of the Estate of W. W. Sinkler, to the East on lands of Mrs. James Gaillard and Keating Simons, Jr, to the South and West on lands of Thomas W. Porcher now or lately. Also all that other tract of land containing of two hundred acres, more or less Butting and Bounding North on lands of John Baylor, South on the one thousand acre tract herein before described, and West on lands of [Blank] and East on lands of John Baylor.

Jas F ( Izlar)

Presiding Judge

Nov 22,1890

 ----------------------------------------------------------

W. F. Baylor Et al vs Allen Baylor Et al

Master Report of Sales and Disbursements

To the Honorable the Presiding judge:

I respectfully report that in accordance with the Decree herein filed 22 Nov. 1890 Adam W. Taylor (complied) with his bid for the tracts of land in Berkeley County described in the pleadings paying one third cash $166.67 and executing his Bond and mortgage for 333.33 leaving date 22 Nov. 1890, and I have made and delivered to him a Deed of the said premises.

I have paid from the cash portion of the purchase money the cost and expense of the case as taxed amounting to the sum of 145.90.

Also State Taxes Due 15 Nov. 1890 17.64

Also balance of Taxes paid by Rutledge & Rutledge 3.13

Total $166.67

The Bond and mortgage are held by me in accordance with the Decree subject to the Trust expressed in the Trust Deed to Thomas W. Easterling, trustee set forth in the first paragraph of the Complaint in this action. Receipts for all payments are on file in this office. I recommend that said sale be confirmed.

March 3, 1891 Respectfully Submitted G. H. Sass Master

 ---------------------------------------------------------

Wainwright F. Baylor Et al vs Allen Baylor Et al

Master Report

To the Honorable the Presiding Judge:

This case was referred to me by an order of the Court filed on o/a July 1890 to take testimony & report upon all the issues of fact & Law involved in the case with leave to report any special issues.

I have held [Conferences?], have been attended by the Solicitors of the parties and have taken testimony which is hereto attached. I respectfully report That under the Trust Deed to Thomas W. Easterling, Trustee, set forth in the first paragraph of the complaint herein Certain property, real and personal, was conveyed to the said Trustee in trust for W. F. Baylor and Lavinia his wife (the present plaintiffs) during their joint lives & the life of the survivors with remainder to the issue of the marriage living at the time of Mrs. Baylors death. W. F. Baylor and his wife are still alive and have issue three children, Allen, Edmund, (Dec, I.) [Deceased, Infant] Baylor and no grandchildren. All the persons named are party to this suit.

Upon the death of Mr. Easterling this trust became vacant and under a Decree in the case entitled Baylor and wife vs Durham in this Court, the trust Estate was transferred to the Custody of the Master, and I hold for the benefit of the parties a small amount of City of Charleston 4% Bonds. The income of which after the payment of the taxes in the Real Estate is payable to the life tenants. The lands described in the complaint having become forfeited for taxes, the Master under the above Decree redeemed the same, taking the Title from the ...... ....... Commission in his name for the benefit of the parties intended. The yearly taxes on the land exceed the amount income of the Trust fund, and the land is therefore a source of expense instead of profit. The life tenants on the 10th day of May 1888 undertook to make a lease of the Real Estate to the Defendant A.W. Taylor for the term of 20 years, for the considerations of $600 which amount was paid by the said A.W. Taylor to the said life tenants and has been spent by them. Taylor went into possession under the lease and has cut a small amount of timber valued at $25. Doubts having arisen to the legality of the lease Taylor has now offered to purchase the land outright for the sum of Five hundred dollars he to pay for papers and $25. for the wood that has been cut, provided such a title can be made to him as will be approved by the solicitor.

All the parties are before the Court and I have no doubt of the power of the Court to order a sale of the land in this proceedings if it approves of the bid.

The testimony shows that the price offered to be a fair one and under all the circumstances I think the sale advisable and that it should be sanctioned by the court.

I would therefore recommend that upon the payment to the Master of the contract price a Deed of Conveyance of the land be made by the Masters to the said A.W. Taylor and that and out of the proceeds of the sale be paid the cost & expenses of this Case, and the balance held to alieve the further order of the Court, and that a Trustee be appointed in the place of Easterling the deceased Trustee if one can be found to assume said trust.

Respectfully submitted November 19, 1890, J. H. Sass