Margaret Morgan bequeathed two slaves named Margaret and Kate, with their issue, as well as a quarter-share of the remaining slaves in her estate to her daughter, Louisa Henkle. After Margaret's death, James Morgan, as executor, refused to distribute said slaves to her heirs because "her property and estate was not sufficient to pay the debts which she owed." The executor and the heirs agreed to a partition of the estate only after each heir contributed to discharging the estate's outstanding debts. After said agreement was reached, James Henkle, Louisa's husband, died. Since Henkle's death, William Rosborough, as Henkle's executor, caused the slaves allotted to Louisa to be levied on. James Morgan asserts that the bequeathed slaves belong to Louisa Henkle only after the debts of Margaret Morgan were paid "and that the marital rights of her late husband never attached on said negroes;" thus, the said slaves are not subject to the debts of her husband. The petitioners, including Henkle's children, have asked Rosborough and the sheriff not to sell the slaves, but their requests have been refused. They therefore pray that Rosborough and the sheriff be enjoined from selling the slaves and that they be ordered to return the slaves.
Result: Granted pro confesso.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
