John B. Bosley, executor of the will of the late William Cloud, seeks "a proper construction to be put upon each and all the clauses of said will." Bosley's will directed that the petitioner hold two slaves, Becky and Ephraim, in trust "for the benefit of Siller and her four children Nurvey, Rufus, Neomy & William Francis & in trust for the use & benefit also of Nelson, Albert & David--all of whom are themselves negros & were formerly the slaves of the said William Cloud." In March 1846 Cloud sold the said slaves "for the nominal consideration of one dollar" to E. W. Sehon of Ohio "for the purpose of having said negros emancipated or freed & not to convey any real, substantial interest to said Sehon." Sehon manumitted the slaves by deed, to which Cloud's will alludes by instructing Bosley "to procure their freedom by removing them to a free state or otherwise in case their free papers are not sufficient to procure their freedom." Being "desirous to wind up said Estate," Bosley now seeks the court's direction in executing Cloud's wishes. He also asks the court to order the sale of four additional slaves in order to distribute the proceeds among Cloud's heirs. The court decreed that Sehon's emancipation of the slaves was "invalid & ineffectual to establish their freedom in law," but, that under the will, they were entitled to their freedom. The court then instructed Bosley to apply at the next term of court for their emancipation; the decree directed Bosley to remove the slaves to a free state and "there emancipate them according to the laws of the state into which they shall be removed," should the Tennessee court refuse his request.
Result: Granted.
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Repository: Metropolitan Nashville-Davidson County Archives
