Wakefield Vs Trotti
This is a court case dealing with the unpaid mortgage on some land.It is the first public record I have found that describes Francis and Laurence as the sons of Gaspar Trotti of Barnwell District.
South Carolina | In Equity
Barnwell District | To the Honorable the judges of the Court of
Equity of the said State
Humbly complaining sheweth unto your Honors your Oratrix Sarah C. Wakefield of Charleston administratrix with the will annexed of all and singular the goods and chattels rights and credits which were of Daniel Cannon late of Charleston deceased, not administered by Martha Cannon deceased executrix in her life time of the last will and testament of the said Daniel Cannon, that Gaspar Trotti late of the District and State aforesaid being seized in fee of and in all that plantation or parcel of land containing about one thousand acres situate and being in the District and State aforesaid on the South Side of Edisto River granted to John Murray bounding South on lands granted to James L. Richards and the said Gaspar Trotti, South Easton land granted to Benjamin Gardner, And Joseph Glover, and north east on land granted to the said Benjamin Gardner; and the said Gaspar Trotti being ???tited to the said Daniel Cannon in the sum of two hundred and fifty pounds sterling, on or about the eighth day of April in the year one thousand seven hundred and ninety nine for ???????the payment of the said sum of money ????? and delivered his bond bearing date that day and year aforesaid to the said Daniel Cannon with the penal sum of five hundred pounds to be void on the payment of eighty three pounds six shillings and eight pence on or before the eighth day of April one thousand eight hundred and the like sum of eighty three pounds six shillings and eight pence on or before the eighth day of April one thousand eight hundred and one, and the further sum of eighty three pounds, six shillings and
eight pence on or before the eighth day of April one thousand eight hundred and two with interest from the date of the said bond, and in consideration thereof and for the better securing the payment of the said sum of money with the interest thereof according to the condition of the said bond, the said Gaspar Trotti by a deed of bargain and sale bearing equal date with the said bond conveyed the said premises to the said Daniel Cannon his heirs and assigns forever, to be void however on the payment of the said sum of money and the interest that might accrue thereon according to the tenor and condition of the said bond. And your Oratrix further sheweth unto your Honors that on or about theday ofin the year one thousand eight hundred andthe said Gaspar Trottideparted this life intestate as it is said whereupon Francis Trotti administered on his personal estate and possessed himself thereof.And your Oratrix further sheweth unto your Honors, that the said premises are by of little value and a very inadequate security for the balance of the principal and interest still due on the said bond – that or Oratrix is informed and believes that the said Gaspar Trotti was in his life, and at and after the execution and delivery of the said bond seized and possessed of a considerable real and personal estate, and that by some settlement or family arrangement the same was transfered to or divided among his children – and your Oratrix is further informed and believes that such settlement or arrangement was made by the said Gaspar Trotti and his family on condition that his sons the said Francis Trotti and Laurence Trotti would pay the said debt according to the tenor andcondition of the said bond -and your Oratrix further sheweth unto your Honors, that on or about the day ofin the year of our lord one thousand
eight hundred andthe said Laurence Trotti departed this life intestate whereupon Ann Trotti administered on his personal estate and has possessed herself thereof.And your Oratrix further sheweth unto your honors that the said Daniel Cannon on or about theday ofon thousand eight hundred andexecuted his lastwill and testament and shortly afterwards departed this life whereupon Martha Cannon who was named an executrix in the said will proved the same, and took upon herself the burthen of the execution thereof – that some time afterwards the said Martha Cannon departed this life intestate whereupon administration of all and singular the goods and chattels rights and credits which were of the said Daniel Cannon not administered by the said Martha Cannon was committed by the Ordinary of Charleston District to your Oratrix further sheweth unto you Honors, that a large balance being due for the principal of the said debt and the interest that had accrued thereon, and your Oratrix having frequently and in a friendly manner applied to the said Francis Trotti for payment of the same without effect, she commenced an action against the said Francis Trotti as administrator of the said Gaspar Trotti on the said bond, and obtained a judgement for the balance due thereon in the Court of Common Pleas for Barnwell District; But now so it is may it please your Honors, that although the said Gaspar Trotti was at the time of his death possessed of a considerable real and personal estate and more than sufficient to pay his debts, and although the said Francis Trotti and Laurence Trotti did for a good and valuable consideration become bound for the payment of the said debt, and did assume and take upon themselves the payment thereof, yet your Oratrix cannot obtain any satisfaction of the saidjudgement or enforce the payment of the said debt, without the aid of this Honorable Court.
In tender consideration whereof and for as much as your Oratrix cannot have adequate relief except in this Honorable Court.To the end therefore that the said Francis Trotti and Ann Trotti my true and perfect answer make to all and singular the premises, and that they may come to an account with your Oratrix touching the amount due on the said debt for principal and interest and deliver to the Commissioner of this Honorable Court, the grants, deeds, and other monuments relating to, or forming the title of the said mortgaged premises and that the right, title, interest claim or equity of redemption of all person or persons in or to the said mortgaged premises by, from or under the said Gaspar Trotti may be forclosed and forever barred by the decree of this Honorable Court, and that the said premises may be sold for the payment of the amount due upon the said bond and mortgage, and in case the proceeds should be insufficient to discharge the same, that the balance may be paid by the said Francis Trotti out of the assets in his hands of the said Gaspar Trotti deceased, and if he has no such assets in his hands unadministered, that the said Francis Trotti may be made personally liable for the payment thereof, and that the estate of the said Laurence Trotti deceased, in the hands of the said Ann Trotti may also by the decree of this Honorable Court, be made liable for the payment of such balance, and that your Oratrix may have such other and further relief in the premises as to your Honors may deem proper.May it please your Honors to grant to your Oratrix a writ of Subpoena to be directed to the said Francis Trotti and Ann Trotti thereby commanding them by a certain day and under a certain pain therein to be instructed personally to be and appear before your Honors in this Honorable Court, then and there to answer the premises, and to stand to and abide such order and decree therein as to your Honors shall deem agreeable to equity and good conscience.
And your Oratrix will ever pray