Petition #20183502


Marcelle Demouy Daly, the widow of John Daly, was "possessed of considerable personal estate," which included some valuable slaves. Prior to her marriage to the widower Joaquin Autunes, who was also possessed of an estate of some value," Marcelle entered into a verbal marriage contract with Joaquin, which stipulated that each spouse would retain separate control over his or her own property. The petitioner, Marcelle's brother, states that Joaquin "always permitted her to have the separate and exclusive control of her said personal estate in particular the slaves," whom she hired for "her separate use and benefit." In 1834, both Joaquin and Marcelle Autunes suddenly died within hours of each other. Joseph Krebbs, administrator of Joaquin Autunes's estate, claimed ownership of Marcelle's slaves and filed suit in the county court to recover possession of the slaves or their value. Augustin Demouy, administrator of Marcelle's estate, seeks an injunction preventing Krebbs from further prosecuting the suit. In addition, he asks the court to recognize and enforce Marcelle's separate property rights. A related document reveals that, on her deathbed, Marcelle Autunes expressed the wish that two of her slaves, Fanchon and her daughter Catharine, be freed.

Result: Granted.

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Citation information

Repository: University of South Alabama Archives, Mobile, Alabama