Obituary printed in The Barnwell People / January 02, 1908 / Image 2
Contributor: Grateful Dead (48831571)

Research submitted by: F Bundy Contributor #47078032
Document in Florence County, SC, 1900, to legally change name and explanation of his father's name change: Very Interesting!

The State of South Carolina County of Florence. In the Court of Common Pleas. Ex Parte GEORGE GALLETLY, heretofore known in this State as George Galletly Thompson; MATTIE OAKMAN GALLETLY, heretofore known as Mattie Oakman Galletly Thompson; GEORGE GALLETLY, Junior, heretofore known as George Galletly Thompson, Junior; and WELLINGTON OAKMAN GALLETLY, heretofore known as Wellington Oakman Galletly Thompson, the last two named infants by their guardien ad litem, George Galletly, Petitioners. To the Honorable, the Court of Common Pleas, for the County of Florence. Your Petitioners Show to the Court: That John Galletly of Dundee, Scotland, departed this life on the 4th day of July 1839. That by a first marriage he left a son, James Galletly, and a daughter, Catherine Galletly. By a second marriage he left surviving him two sons, George Robertson Galletly and John Galletly. That shortly after his death his widow, his daughter and his son, James Galletly, departed this life, the latter leaving surviving him a widow but no children. That the property of John Galletly and of his last wife was left in the hands of Trustees at Dundee, Scotland, for certain uses and purposes, with remainders and reversions to the children aforesaid. That in 1851, John Galletly left Scotland and settled in Geelong, in the Colony of Australia, and George R. Galletly remained at Dundee for the purpose of effecting an early settlement of the affairs of the said estate and with the intention of ultimately joining his brother in Australia. That in the Spring of 1852, George R. Galletly, finding it impossible to effect a speedy settlement of the said estate and trust, and of wresting the said property from the hands of the said Trustees, without great delay and a continuation of expensive and vexatious litigation (the said property being then tied up in the Courts of Dundee) effected an agreement of compromise and basis of settlement and thus removing all barriers to an immediate and final winding up of the said estate, and removing all occasion or claim for the said Trustees to hold the remainder and reversions of the said George R. Galletly and John Galletly. That at the last moment one of the parties to the agreement, to-wit, the widow of the deceased half brother, James Galletly, receded therefrom and refused to execute or carry out the same. Thereupon the said George R. Galletly, in the anger and disappointment of the moment, occasioned by the failure of his plans, on the same day, without communicating his intentions to any of his friends or relatives, disappeared from Scotland, sailed for the United States of America, under the name of Henry Melville Thompson, and immediately came to South Carolina. Upon arriving in the State, the said George R. Galletly communicated with John Galletly in Australia and informed him of his action, and of his determination of renouncing his inheritance and of relinquishing the same to his said brother. Thereafter and pursuant to said determination, the said George R. Galletly executed deeds carrying out said intention. That in reply to said communication, John Galletly wrote from Australia to George R. Galletly, then in South Carolina (the original of which letter is in the possession of the petitioners,) and the portions thereof bearing on said subject being as follows: "UNION BANK OF AUSTRALIA, Geelong, 30th October, 1853. "My Dear Brother: "I duly received your communication of 2d Oct. 1852, via the Sidney Bank and it is with no ordinary interest that I awaited the arrival of your second letter of May 17th, disclosing your address, and thus enabling us again to enter into correspondence. It would be useless for me to say that your mysterious disappearance from Scotland gave me uneasiness, but I have always supported myself with this conclusion that no ordinary causes could have induced you to take the step you did, — that you never could have taken it without weighing well the future with the present, and having once taken it, my knowledge of your character was sufficient to instruct me that energy would not be wanting on your part to carry out any plans you had formed; and that your pride would goad you on to the accomplishment of your designs, and always keep you in the path of Honor and Rectitude. However much I may have felt your temporary loss before the receipt of your first letter, combined with the task of attending to our affairs at home, with which I was overwhelmed shortly after you left, I now rejoice to learn the good accounts you give of yourself, and to find that my own anticipations have been fulfilled in regard to you. I now would speak of our affairs at home. After you left, among other papers forwarded by Mr. Bell was a Power of Attorney in favor of Jno. Morrison, Accountant, Castle street, Dundee, which I executed under the advice of Mr. Bell and Messrs. Drummond Mitchell and returned with earnest entreaties for the speedy closing of matters and a remittance. I have been flooded with letters from home, but all complaining in the same strain of the difficulty, nay impossibility of winding up without powers from you. Up, however, to the receipt of your last letter I was unable to do anything beyond induce them to remit me 240 pounds. You can therefore imagine my gratitude when I learned of the liberal manner in which you determined to divest yourself of your legal rights and remove all barriers to a final settlement. This I consider for us about the best method that could have been devised to wrest the property from the hands of Bell and the other legal gentleman connected with it. * * * Don't imagine for one moment, however, that my acceptance of your offer and deeds, above mentioned, imply an assignation by you to me of your Patrimony. No, so far as the legal parties are concerned, let that be the understanding, but between ourselves the assignation will be null and void, and as soon as matters are wound up, through these means, I remain your debtor for your full share. * * * The Dundee Commercial Bank debt has been settled for 250 pounds. Mrs. Melville of Kirkcudbright, died some time ago leaving us a legacy which will about cover this. It may, however be locked up, like all our other affairs, in the Dundee Chancery." The said George R. Galletly married Josephine Matthews, and your first mentioned petitioner is the son of the said George R. Galletly and Josephine Matthews, issue of the said marriage, and was born in the 27th day of November 1864. That in the year 1866, the said George R. Galletly with his family, including your first mentioned petitioner, left this State for Australia, with the intention of residing there permanently, and did there reside continuously from that date until A. D. 1870, when, having been disappointed in his expectations and his family becoming dissatisfied with the country, he, with his family, returned to South Carolina, where he resided continuously until his death in 1886. That upon leaving Scotland, the said George R. Galletly, expecting his stay in America to be only temporary, retained and was known here under the name of Henry Melville Thompson, which he had assumed under the impulse of the moment as aforesaid; but immediately upon leaving for Australia and during the whole time of his residence there, he resumed and used his name of George R. Galletly, and your first mentioned petitioner, during the time of his residence in Australia, used and was known by his real name of George Galletly, dropping the name of Thompson, which had been added thereto by his father for the temporary purpose aforesaid. That upon returning to South Carolina from Australia (which he never contemplated when he left this State) George R. Galletly, solely for convenience, resumed and used the name of Henry Melville Thompson up to his death in 1886. Your first mentioned petitioner alleges that upon his return from Australia, his father, for the same reason, added the name Thompson to his name of George Galletly, and for the same reason your first mentioned petitioner has added the same to the name of each of his children hereafter mentioned. That on the 8th November 1894, your first mentioned petitioner married Mattie D. Oakman; and your petitioners George Galletly, junior, of the age of three years and six months and Wellington Oakman Galletly, of the age of one year and six months, are the issue of said marriage. Your petitioners allege that their surname is Balletly although, heretofore, they have been known in this State under the surname of Thompson. Your petitioners are desirous of and intend hereafter to use and be known by their surname Galletly, the same being the surname of their forefathers. Your first mentioned petitioner, by order of the Probate Court of the county aforesaid, has been duly appointed guardian ad litem of the infant petitioners in this proceeding, Your first mentioned petitioner alleges that for the thirty years his father was in America, except for a short residence in the Counties of Orangeburg and Chester, he resided in the County of Barnwell, and for many years he was a practicing attorney and officer of this Honorable Court. WHEREFORE your petitioners pray: That this Honorable Court find, hold and decree that the surname of each of the petitioners is Galletly; that the name of the first is George Galletly; of the second, Mattie Oakman Galletly; of the third, George Gelletly, junior; of the fourth, Wellington Oakman Galletly. Your petitioners crave such other and further relief as may be meet and proper, and your petitioners will ever pray, etc., as duty bound. WILCOX WILCOX Attorneys for the Petitioners STATE OF SOUTH CAROLINA County of Florence Personally appeared George Galletly, who on oath says that the foregoing petition is true. Sworn to before me this 30th day of April 1900. GEORGE GALLETLY [L. S.] J. W. McCown C. C. C. P. DECREE STATE OF SOUTH CAROLINA, County of Florence. In the Court of Common Pleas. Exparte, GEORGE GALLETLY, et al. Petitioners. This is a proceeding to establish the correct surname of the Petitioners, and should not be confused with an application for a change of name. The Court is not asked to confer or change a name, but simply to establish, by Decree, an existing fact, to-wit, that the name Galletly, heretofore used in the State by the Petitioners as a Christian name, as a matter of fact, is their sur or family name. Upon the cause coming on to be heard and the Court being satisfied as to the truth of the allegations in the petition, it is, on motion of Messrs. Wilcox Wilcox, Attorneys for the Petitioners, Adjudged and Decreed that the surname of each of the Petitioners is Galletly. That the full name of the first mentioned petitioner (heretofore known in this State as George Galletly Thompson) is George Galletly; of the second, Mattie Oakman Galletly; of the third, George Galletly, junior; and of the fourth, Wellington Oakman Galletly. GEORGE W. GAGE Presiding Judge. May 30th 1900. I, J. W. McCown, Clerk of Court, Common Pleas for County and State aforesaid, certify that the foregoing is a true copy of original record on file at this office. Given under my hand and seal of Court this 30th day May 1900. [L. S.] J. W. McCOWN, C. C. C. P.