Thomas Fitzgerald, the widower of Martha Willson Fitzgerald, seeks to manage the property entrusted to his children and his stepdaughter. He informs the court that Benjamin Dupree conveyed two female slaves named Dido and Minerva, along with some land, to E. B. Benson in 1842, to be held in trust for the benefit of his daughter, Martha E. M. Willson. The petitioner recounts that he married Martha in 1851 and that they soon removed to Tennessee with the said slaves. Fitzgerald reports that Martha died in 1855 and that he became the legal guardian of their children as well as the guardian for Martha's daughter by a previous marriage. The petitioner asserts that said Benson remains trustee of the trust estate established by Dupree in 1842 and that he has sold the trust estate's land and has kept the proceeds thereof. Thomas Fitzgerald therefore prays that E. B. Benson be ordered to deliver up all of the other property held in trust for the benefit of Martha's children and that he be discharged of his duties as trustee.
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
